BNF lose symbol case
Isaiah Morewagae | Tuesday March 11, 2014 16:09
Lobatse High Court judge Godfrey Nthomiwa interdicted BNF president Duma Boko, the party central committee and the Independent Electoral Commission from using BNF’s symbol of a golden key in the UDC or any political formation.
Former BNF activists Moses Kajane and Moses Toister had interdicted Boko, vice-president Same Bathobakae, chairman Abram Kesupile, secretary general Ferdinard Kgosikoma and IEC from among others de-registering the BNF symbol and incorporating it in the UDC symbol. Attorney Gabriel Kanjabanga who is a known critic of the current BNF leadership represented the duo.
In his ruling Nthomiwa said BNF’s electoral symbol, which was used in all general and by elections, and on its regalia and party merchandise, is a golden key on a black background with a hole in the center as per clause 1.4 of the BNF’s constitution.
“Boko, Bathobakae, Kesupile and Kgosikoma or anyone official member or structure of the BNF are hereby interdicted, restrained forthwith from de-registering the BNF’s electoral symbol of a golden key on a black background with a hole from the IEC,” Nthomiwa ordered.
He further ordered that the BNF leadership or any official or member of the BNF are interdicted and restrained from taking any part, portion or feature of the BNF symbol and giving it over to the UDC or any political party.
Nthomiwa, in his ruling, found that the notice of opposition was filed out of time as it, should have been filed by respondents five days after the receipt of the application.
“In this case the notice of opposition was filed 10 days after service of the application. This was clearly in breach of relevant rule regulating the filing of notices of opposition,” Nthomiwa said.
He noted that the defending party had been given 14 days to answer to the allegations made by the applicants, but they did not.
“This lackadaisical approach could only have been perpetuated by parties who cared very little about the case against them. As applications of this nature regulates by the rules of court, one would have expected the parties to adhere to the requirements of the law,” Nthomiwa said before granting orders prayed by Kanjabanga.