FCC instructs Collins, Newman against former mayor

CHAKALISA DUBE
Staff Writer | Wednesday May 15, 2013 00:00

 

Inspite of declaring itself broke years ago, the Francistown City Council (FCC) is prepared to fork out thousands of Pula to ensure that former mayor Ephraim Maiketso's reinstatement efforts come to nought. FCC has hired prominent law firm Collins, Newman. A letter from the law firm dated May 6, 2013 to MCM Moseki Attorneys says in part:

'We act for the City of Francistown and his Honour the Mayor of the Council, James Kgalajwe.' However, the letter bears a scrawled signature that is not easy to decipher without the name of the author clearly spelt out. The name of law firm Collins, Newman and Company is beneath the signature. The law firm, which is known for handling high profile cases, last week indicated that if Maiketso choses to go to court, they (the law firm) would defend both the council and the man.  In a two-page notice routed to Morgan Moseki of MCM Moseki Attorneys and duly representing Maiketso they said:

'We act for the city of Francistown council and the honourable mayor of the council James Kgalajwe.'We refer to your letter dated 19 March 2013 addressed to the council  and served on our clients on or about April 25, 2013.'We deny that the removal of your client from the office of the mayor of the council was unprocedural and unlawful. The decision and or process of the removal of your client from the office of the mayor of the council were lawful in every respect.

'In the event that you proceed with the contemplated legal proceedings (against FCC and Kgalajwe), we are instructed to oppose them,' read parts of a letter routed to the lawyers representing the ousted Maiketso. Last week when contacted Moseki confirmed receipt of a notice from the Gaborone-based law firm.

'Yes, we have received a letter from Collins, Newman and Company indicating that they will defend the FCC and Kgalajwe should we institute legal proceedings against the two parties (Maiketso and Kgalajwe) in our bid to have Maiketso reinstated,' Moseki confirmed last week Friday in an interview. Kgalajwe also confirmed that he has engaged Collins and Newman to represent him in his case against Maiketso.

'Yes, because I am cited as the second respondent in the case I have personally engaged the law firm, 'Kgalajwe said before referring other enquiries to the FCC clerk.The city council however yesterday distanced itself from the respected law firm. 'We have not approached Collins, Newman  and Company to act on our behalf. That is news to me.

'There has been communication between the FCC and Maiketso although I cannot disclose details of such correspondence I can confirm that the council has not engaged Newman,' City clerk Charles Amos said via telephone yesterday. Efforts to get a comment from Collins, Newman  and Company proved futile at the time of going to press.  Parks Tafa and Lawrence Khupe who are partners at the law firm were said to be in Durban, South Africa. Their phones were unavailable.

Maiketso was ousted from his seat through a motion of no confidence in September last year. He is now demanding reinstatement following the Court of Appeal ruling which in February this year declared that a mayor cannot be removed from office through a motion of no confidence. Maiketso wrote to the city council more than a month ago demanding reinstatement. He stated that should he not be reinstated he would go to court.

Late last month when briefing the media, Kgalajwe, who was accompanied by Amos, said the FCC will not reinstate Maiketso, adding that the council will outsource legal representation should he (Maiketso) go to court in his bid to be reinstated. At the time, the mayor also revealed that he would seek the services of Collins, Newman and Company to assist him deal with the Maiketso matter.