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Crunch time for Bulela Ditswe appeals

The CC has given its regional committees until Friday to finalise the protested primaries PIC: MORERI SEJAKGOMO
 
The CC has given its regional committees until Friday to finalise the protested primaries PIC: MORERI SEJAKGOMO

Although many candidates have appealed, their reasons are not deemed strong enough case for a re-run, therefore, it could mean that many possibly face outright dismissals. The CC has given its regional committees until Friday to finalise the protested primaries. It is important to note that while the regional committees make recommendations, the CC makes the ultimate decisions. Furthermore, the BDP has registered over 40 appeals from individuals interested in contesting for parliamentary seats in both the first and second batches. Additionally, over 100 appeals have been registered for council seats. The party requires 61 representatives for parliamentary seats, and currently, appeal hearings at the regional levels are ongoing. However, despite the high number of registered appeals, many complaints lack substantial grounds. For example, common reasons include the absence of supporters' names from the lists and delayed election start times. Since these issues affected all contestants, they are not deemed sufficient to justify a re-run.

Moreover, the party has acknowledged the technical problems and delays that occurred. Therefore, any of the above reasons advanced by a complainant, their appeal will fall off as some of the crucial things looked into are whether a member has followed the laid out process or not. If a member has failed to notify the returning officer when results were announced and also bypassed the regional committee without giving legitimate reasons, then the appeal automatically falls off. The appellants even forgot that they do not have their own supporters, as the voting process is intended for BDP members, not individuals’ loyalists. Therefore, one might be dismissed on that basis. Some did not even follow the due process, as they failed to give a copy of the appeal to those who had won and to the regional committees. Additionally, other candidates did not notify returning officers and never showed up at the announcements of the official results.

Furthermore, some opted to appeal directly to the CC without providing reasons for bypassing regional committees. If one zooms in on reasons advanced by Minister of Finance, Peggy Serame for her appeal, she seemingly does not have a leg to stand on. The same applies for Minister of Minerals and Energy, Lefoko Moagi, Member of Parliament for Gaborone Central constituency, Tumisang Healy, Assistant Minister for Agriculture, Molebatsi Molebatsi, Member of Parliament for Molepolole North constituency, Oabile Regoeng, as well as former Minister of Health, Alfred Madigele. In an interview, the party secretary-general Kavis Kario, recently emphasised the importance of adhering to party procedures. “Appeals should generally be directed to the regional committees, as stipulated by the party constitution. However, for appeals to be considered by the CC, there must be sufficient reasons and evidence to justify why the regional committee could not handle the case,” he said.

Kario also expressed concern that some members are attempting to bypass the established party structures. He stressed that such behaviour will not be condoned, as all members are required to follow the constitutionally outlined procedures. The BDP secretary-general also explained that appeals should generally be directed to the regional committees, as stipulated by the party constitution. Kario also expressed concern that many members do not understand the proper procedures. The BDP constitution on appeals, also states that in the event of any person complaining of their candidature having been prejudiced by any alleged irregularities in the carrying out of these regulations or by any alleged improper conduct, they shall have the right to appeal to the regional committee, except in cases where the regional committee is an interested party in which case the appeal shall be lodged with the CC.

It also says the said notice of appeal shall set forth clearly and in detail, the irregularities alleged to have been committed, and/or the reasons for his/her complaint. Moreover, it reveals that a copy of such ground shall be furnished to any person who may be affected by the appeal. The BDP constitution mandates the regional committee to verify whether the appellant has sent a copy of the petition to the respondent. However, it gives any person who is not happy with the decision of the regional committee to appeal within seven days after being informed by such recommendations. Furthermore, the CC may decide on the eligibility of the appeal to lie directly with it, or may direct that the matter be sent back to the regional committee for hearing. It states that any decision on an appeal by the CC shall be final and binding. The constitution also affirms that failure to follow the laid down procedures will nullify any opportunity for appeal.