Botswana Congress Party & 2 Others vs. Attorney General & 5 Others

Botswana Congress Party & 2 Others vs. Attorney General & 5 Others – CVHMN – 000018 – 22

Botswana Congress Party (BCP) issued a Writ of Summons against The Attorney General, Kabo Morwaeng, Tautona Lodge, Christiaan De Graaf, Patrick Mathe and the PPADB, asking the Court to declare that the acquisition of Tautona Lodge (Pty) Ltd.’s entire shareholding was marred with illegality for failure to follow procurement laws. The summons was issued on the 14th February 2022. Bogopa, Manewe, Tobedza & Co. (BMT& Co.) was instructed by the Attorney General to defend the suit on behalf of  government. In response, BMT & Co. took several legal objections against the way the BCP had approached Court. One of the objections was that the manner of approaching the Court by BCP amounted to an abuse of Court process on account of the fact that BCP issued a Summons when it ought to have first requested the Court for an indulgence to file a review application outside the statutory 4 months. This was because the Government was recorded as a shareholder in the CIPA register on the 18th May 2021, and that the four months within which BCP should have filed a review application lapsed in September 2021. Resultantly, BMT & Co. requested the Court to dismiss the matter with costs.

The Court held that there was merit in BMT & Co.’s objection and upheld it. It observed that the adoption of a Writ of Summons by the BCP was a clear stratagem to evade the statutory limitation of 4 months within which review proceedings are to be brought. The Court observed that BCP, through one Dumelang Saleshando, who was a co-Plaintiff, had long before the court case, been made aware and provided with information  that showed that the Government acquired shareholding of Tautona Lodge on the 18th May 2021, but that the Plaintiffs proceeded heedlessly despite this information. The Court held that the attitude of BCP was reprehensible and nigh dishonest. In that regard, the Court not only ordered a dismissal of the matter, but also that BCP, Dumelang Saleshando and Goretetse Kekgonegile (all Plaintiffs) should pay costs of suit on a punitive scale.


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