NE correspondent
Francistown High Court Judge Moses Chinhengo has ruled that the case, in which Duma Gideon Boko and Botswana National Front (BNF) are accused of contravening the principles of natural justice, should proceed as a matter of urgency.
The case flows from a decision of the BNF central committee to rescind its earlier decision barring Boko from contesting for the position of party president. It is this decision that last week prompted four BNF members - Thuso Mogorosi, Sekgopi John Bogatsu, Moses Kajane and Chalido Madome - to file a notice of motion before the judge challenging the decision of the central committee.
They further applied to court for an order directing that the matter be treated with urgency to avoid suffering unfairness since the BNF congress at which Boko will contest for the presidency is due to take place this month.
Lone Masire the four men’s counsel, argued that failure to treat the application urgently would subject his clients to suffer irreparable prejudice and harm. He said there was fear that violence would erupt at the congress, especially around the eligibility of Boko to contest the BNF elections.
In his ruling delivered Tuesday this week the judge found that in terms of Order 12 of the High Court the law warrants the case to be heard on an urgent basis. The judge made note of the fact that the case is concerned with the nomination of Boko as a presidential candidate at the forthcoming national congress of the BNF to be held from July 18 to July 20, 2010. He added that according to the BNF constitution any member shall qualify for the party presidency position as long as the person is a member of the party for at least five years.
“The reversal issue of the initial decision [of disallowing Boko to stand] is an essential challenge brought up by the applicants,” observed the judge. Boko is represented
in the matter by attorney Boingotlo Toteng.