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Court of Appeal ends UDC petition case with dismissal

Duma Boko leaving court with UDC members PIC. THALEFANG CHARLES
 
Duma Boko leaving court with UDC members PIC. THALEFANG CHARLES

The CoA ruling has cemented President Mokgweetsi Masisi’s rule until 2024 when the next general elections will be held. Botswana held its general election on October 23, 2019 with the ruling Botswana Democratic Party (BDP) winning by a majority of 38 seats against UDC’s 15.

The UDC petitioned the court and contested the outcome of the elections citing “irregularities in some of the constituencies”.  The BDP has ruled Botswana since independence from Britain in 1966.

In a brief ruling, Judge President Ian Kirby on behalf of a five-member panel said: “We have no jurisdiction to entertain these appeals. These appeals must be struck out each with costs including costs of counsel”.

This is a second blow to the UDC in about a month after their 2019 appeals were dismissed by the High Court a day before Christmas Day.

Delivering the ruling on legal technicalities raised by the ruling BDP, majority of the High Court judges in December 2019 were of the view that the matter was not properly before the court. After today’s ruling UDC spokesperson Moeti Mohwasa said they respect the decision of the court.  “We have nothing to say at the moment until we study the ruling,” he said.

BDP spokesperson Banks Kentse said: “We are addicts of the law and we believe that the courts are the only arbitration we have as a country therefore we need to respect its decisions. “We do hope that our friends at UDC will now put these issues behind and focus on playing their role as main opposition in a democratic state. The BDP is delighted that this has now been brought to an end as we believe justice delayed is justice denied.”