BDP, AG Lose Appeal

| November 11, 2014 | 0 Comments

The Court of Appeal has, today (November 10), dismissed with costs the case in which the Botswana Democratic Party (BDP) and Attorney General had appealed Gaborone High Court’s decision to uphold Parliament Standing Orders.

The Court of Appeal bench of Justices Maruping Dibotelo, Ian Kirby, Elijah Legwaila, Isaac Lesetedi and Monametsi Gaongalelwe ruled that the standing orders did not infringe on the Constitution as alleged by the appellants. The bench will release full reasons for their decision in due course.

On Friday (November 7), the High Court dismissed with costs the case in which AGs wanted the court to declare some sections of Parliament Standing Orders unconstitutional. These were standing orders dealing with the elections of the Speaker and Deputy Speaker as well as endorsement of the Vice President.

This was the decision that AGs and BDP took to the Court of Appeal. AGs and BDP were appellants while the Umbrella for Democratic Change (UDC) and Botswana Congress Party (BCP) were respondents.

In her founding affidavit at the High Court, the Attorney General, Dr Athaliah Molokomme, had wanted the High Court to declare Standing Orders 4.3, 4.5, 4.6, 4.7, 4.11, 4.14 and 6.1 of the National Assembly unconstitutional and ultra vires section 89 (5) as read with sections 39, 59, 60 and 74 of the Constitution.

She had argued in her court papers that the amendments to the Standing Orders had brought about substantive amendments to the Constitution by introducing additional requirements for the endorsement of the Vice President and the election of the Speaker and Deputy Speaker.

Source : BOPA

Source : Botswana Daily News

Category: Governance

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