The opposition will have to endure the financial burden of campaigning for the Francistown by-election until next year January. As fate will have it the opposition has been robbed of an easy victory.
An attempt by the opposition Botswana Congress Party (BCP) and Umbrella For Democratic Change (UDC) to try and compel the polls through a High Court order hit a snag on Friday after a panel of three judges ruled that Acting Vice President Ponatshego Kedikilwe acted within his powers by postponing the Francistown by-election on public interest grounds.
The panel of judges led by Lakhvinder Walia, Bengbame Sechele and Leatile Dambe handed a unanimous judgement shortly before midnight. The case had been heard on urgency with Attorneys Duma Boko representing the UDC and its candidate Shathiso Tambule.
The BCP and Bahaudi Hobona were represented by Busang Leburu.
Reading the judgement in open court, Walia said that the decision to move the polls was based on the President’s view that voters in Francistown will be denied their right to vote if the Botswana Democratic Party (BDP) candidate is excluded from the polls.
This followed a lobby through a petition presented to Kedikilwe┬á by BDP followers who claimed to be Francistown West voters pleading for the poll postponed from this coming weekend to some future time to allow the BDP’s Moswaane to sort out their legal disputed related to the taking of the polls.
The Court also rejected an argument by the applicants that there is no proof that the petitioners were registered members of the Francistown West constituency. The opinion of the court is that elections are public interest matters and cannot solely be left to only those that are registered.
According to the Court, should the BDP candidate Mokwaledi Moswaane succeed in his appeal against the IEC, he would be left hard done if the polls are to go ahead. 
The court said that while it could not second guess the decision of the appeals court on the pending cases, the fact that there is pending litigation is reason enough postpone the polls.
Walia said that if one candidate is denied the right to participate in the electoral process, it was reason enough to postpone the polls as it affected many people who are interested parties.
The court outrightly rejected the argument advanced by Leburu that the timing of the proclamation was meant to frustrate High Court orders by Justice Tshepo Motswagole and Terrence Rannowaane who had both ruled against the BDP and Moswaane.
Justice Walia said that it was idle speculation that the President’s decision was driven by improper political motives.
“It would be improper on the highest degree for the court to make a decision on the basis of idle speculation…..”said Walia.
Walia further pointed out that the President acts on information and advised and it was therefore not for the courts to second guess him. He said that while the lawyers for the applicants contended that they were not given a hearing prior to the issuing of the proclamation, the Acting President had acted fairly.
