Former BNYC execs square up against Khama, Olopeng
Sharon Mathala | Wednesday August 26, 2015 15:34
Olopeng was acting in line with a presidential directive issued by Khama on the BNYC’s restructuring.
Yesterday in Lobatse, lawyers representing the former NEC members said Olopeng and Khama had no legal right to dissolve the BNYC and its NEC. The former members want the High Court to issue an interdict freezing Olopeng and Khama’s decisions, pending a more substantive suit.
“The respondents do not contend that the BNYC has statutes governing them but however contend that the executive has powers to dissolve, restructure and abolish the BNYC because it was created by the government through a Presidential Directive and that the BNYC is under the Ministry of Youth, Sport and Culture,” said the seven’s legal representative Uyapo Ndadi in heads of argument filed yesterday. “It is, with respect, a flawed argument as it lacks legal backing. “The executive only exercise powers conferred on it by the Constitution of Botswana or any statute.
“There has to be a source of authority for one to exercise any power, irrespective of whether one is a Minister or President.”
Ndadi said while a presidential directive had indeed established the BNYC, this had not conferred any legal status on the Council, stressing that the Council had its own constitution that it abided by. “What clothed BNYC with legal status is the constitution that the then President referred to. The current constitution of the BNYC is the supreme document governing it and not the executive,” he said. Ndadi said the argument that the executive enjoyed powers “to do as it pleases with the BNYC” was “ill-advised and unfortunate”.
On behalf of the BNYC, who have been cited as the fourth respondent in the matter, Joseph Akoonyatse said the former NEC members had failed to show the court how they had been affected by the dissolution, in their personal capacities. He said nothing had been put before court to indicate their right to reinstatement. “Whether or not the President has the power of law is irrelevant. The President has the executive power to dissolve the BNYC. The office that created the BNYC is now saying they want a different BNYC. “Legislation never stood up when cabinet decided to form BNYC. There is no reason why they should now,” Akoonyatse said. He continued: “The President can even wake up tomorrow and decide, on whatever merit, that he wants to dissolve the Botswana Housing Corporation, for example”. Judgment in the case has been reserved for November 5 before Justice Modiri Letsididi.