The above matter refers.
I am in receipt of news that purports that you have communicated to the newspapers and Duma FM, the radio station, what seems to be a decision by the NEC sitting of 18 October to re-admit Adv. S. Pilane as a member of the Botswana Movement for Democracy. This may well not be true, in which case you will explain so and, if true, all the same you will have to explain upon my return, the basis for why members NEC presided over and participated in a denigration of the Constitution of our party. If indeed this decision was taken, it constitutes a flagrant violation of our Movement’s constitution.
The unconstitutionality, violation of procedure and the array of circumstances around this matter leave the NEC or the Party with no choice but to place such a decision, if indeed it was taken, in abeyance and then referred to the Movement’s highest organ, the National Congress for proper and fair resolution. There is no urgency in the matter and it would be addressed by the National Congress at its next regular meeting.
My posture on this matter as expressed above is inspired by a few basic observations which I will take the liberty to share with you: a) The procedure for handling membership applications seems fairly simple and straight forward. The application must in terms of Article 5, more particularly 5.5 be submitted to and considered by a Branch Committee. The Branch Committee may accept or refuse any application. Any such acceptance or refusal is subject to review by the next higher organ of the party. The next higher organ after the Branch Committee is of course the Regional Committee. b)The Constitution does not countenance a situation where an applicant for membership “shops) around, going from Branch Committee to Branch Committee receiving rejections until he or she arrives at one that would grant an acceptance. The rejection of a membership application at Branch Committee level occludes any shopping around. The Constitution envisages either on the motion or request of the rejected applicant or on the own motion of a next higher organ review by the said higher organ. The correct position therefore would be that the next higher organ would have to be moved or approached by the applicant himself/herself to review the refusal of membership. It is clear that this was not done.
Any attempt to “shop” around in the Adv. Pilane has done offends against the Constitution and is improper. It amounts to violation of the Constitution. The proper process should have involved a request by adv. Pilane to have the refusal of his membership application by the Gaborone North Branch Committee reviewed by the next higher organ of the party, in this case the Regional Committee.
Indeed the NEC remains vested with powers to overturn the acceptance of any membership application. This is in terms of Article 5.10. This applies in the case of a properly considered application that is otherwise compliant with the Constitution. The NEC reserves the right and has the powers to reject such an application, thus overturning any acceptance thereof by the appropriate organ(s).
Even an acceptance of a membership application that is proper and regular does not immediately confer full membership on the applicant. It confers only provisional membership which may only become full at the expiration of 8 weeks from the date of notification of the granting of provisional membership. This is in terms of Article 5.11. This is a matter which I recall you raised in your own right at our meeting in Francistown.
In the ultimate instance, any decision of any organ of the party is subject to review, ratification, alteration or rescission by the highest organ, the National Congress. This is in terms of Clause 14.3 of the Constitution.
The communication of what would, if it were proper and regular, be provisional membership is improper on any reckoning at any rate.
Apart from these matters of fact as stated above, I am keen to learn from you and Chairman Mk N. Modubule why this decision if indeed it was taken, was reached in these divisive circumstances including in the absence of the Vice president Mk. Mmolotsi who is acting on my behalf, along with other reputable members of the NEC who clearly expressed and demonstrated refusal to participate in the flagrant denigration of the Constitution of our Movement.
I also look forward to your explanation if newspaper reports are true how in the event such a decision was taken, why such a decision was communicated directly to the media before the acting president was informed or notified, and that not being the case, I was not informed of the decision.
It is my view that you as Secretary General along with Chairman, knowingly or unknowingly have acted in ways that are divisive to our party and have gone against the spirit of unity in our larger Movement, the Umbrella for Democratic Change.
It is surprising if not disappointing that leaders of your positive reputation, dedication and experience would plunge our Movement into this kind of crisis without realising the implications or magnitude of your actions. The conduct of both the Secretary General and the Chairman has been improper and unfair to the party and the masses they have lent us their goodwill. I expect that you will revise your conduct or the people when the right time comes, will revise it for you.
You can be sure that I will not hesitate to exercise my duties decisively and I will do so fairly, dutifully and constructively. I am ready to face whatever the consequences may be, to stand for what is right, if it is for the people who have placed their faith in us, and I will do so until only them and them only, decide that my turn to lead them has expired.
I had indicated to you in our previous NEC meetings my reluctance to involve myself in this matter to preclude the idea that I may be conflicted about considering the application of a member with previous presidential ambitions. I did so inspired by my faith in yourselves as fair and responsible leaders on whom the future of our collective vision could be entrusted. Your actions and sense of judgment have discredited my faith in you.
While I am alive to the limitations of the powers our constitution vests in the president, I am also conscious of my role and responsibility to be a guarantor of fairness, unity and the collective achievement of our grand vision to create a Botswana one day where and when every citizen can become what they aspire to be if they applied themselves creatively and diligently. It is this consciousness that empower me to act decisively, where possible, within the confines of the constitution.
For now I will constrain my actions to the following: a) That you respond in writing to provide explanations asked of you to myself and verbally to our next meeting with myself, the Vice president and the Chairman.
b) If the newspapers are an accurate reflection of what you communicated to them, then I am requesting you to retract and clarify your communication to them until NEC has reconvened to discuss this matter fairly and resolved it in accordance with the constitution and in line with the need to forward the matter to the rightful owners of the organization at Congress, at its next ordinary sitting as per the fairest and natural manner to address such a matter.
Indeed I trust that we will do the right things, ultimately, and not turn out to be a disappointment to the many ordinary citizens who have placed their trust in our Movement for the pursuit of our collective vision
*This is a letter that BMD Leader, Ndaba Gaolathe wrote to party Secretary General, Gilbert Mangole. The letter was copied to party Vice president, Chairman, Treasurer, Deputy Treasurer, Deputy secretary General, President ÔÇôBMDYL, Members of the NEC, Members of the Court of Elders
