Katse loses to Khama
Tsaone Basimanebotlhe | Wednesday September 10, 2014 15:13
Katse surrendered yesterday shortly after Justice Terence Rannowane of the High Court ruled that his suit against BDP and President Ian Khama, had no legs to stand on due to presidential immunity. After the ruling, Katse said he was not going to appeal or proceed with the matter any further. “I just want peace and I believe I have fought my battle. This issue should come to an end,” Katse said.
The politician and three BDP council hopefuls have been involved in running legal battles against Khama and the BDP for the better part of the year after the party set aside their primary election victory after allegations of vote rigging.
At the High Court yesterday, Rannowane said in line with the Gomolemo Motswaledi precedent, Khama could not be sued either in his private or public capacity as long as he is the president of the republic.
Katse, Tidimalo Matlhotse, Stella Matlapeng and Amantle Matlapeng and others had sought to be reinstated as the BDP candidates in Tlokweng constituency.
“In my view even if the applicants were given a whole year notice to address or deal with such an irregular step, they would not have succeeded in anyway whatsoever to get around that obstacle other than to withdraw the proceedings against the first respondent (Khama). Such withdrawal need not necessarily be by way of notice; a verbal application from the bar would suffice. The argument that the applicants were not given notice is therefore without merits and I reject it as such,” Rannowane said.
He said there is a world of difference between suing the BDP and suing the central committee of the party. “Similarly there is a great deal of difference suing the President of the Botswana Democratic Party and suing the Independent Electoral Commission.”
Rannowane said after careful consideration, he has come to the conclusion that the application sought by Katse and company is an irregular step and is set aside.
Meanwhile, the BDP has reportedly extended the suspension of Katse and the three council hopefuls by one-month.