30 Jan 2020

A three-judges Gaborone High Court panel yesterday acceded to the decision by Mr Noah Salakae to withdraw his election results petition.

Granting leave for withdrawal, the court directed the petitioner to cover costs of court proceedings.

Mr Salakae’s attorney, Mr Boingotlo Toteng explained that the move to abandon the petition was political.

“As per the provisions of Section 131 of the Electoral Act, the petitioner wishes to withdraw his petition. 

The withdrawal is not by any chance an indication of lack of confidence on his own prospects of succeeding with his petition. 

He has informed me, that it is a decision motivated by political reasons,” he said.

The announcement to withdraw the petition was made when the matter was called for final case management conference and commencement of trial set for yesterday and today.

Mr Salakae was the Umbrella for Democratic Change (UDC) Ghanzi North parliamentary candidate in the October 2019 general elections. 

His quest to have the outcome overturned was prompted by the purported discovery in November 2019 of a box believed to be election material by a cleaner in a rest room at the Ghanzi District Commissioner’s office.

The Salakae issue attracted much public attention when the petitioner and his allies tailed a Ghanzi District Council truck transporting election material from Ghanzi to the Gaborone High Court alleging possible tampering.

The move resulted in an urgent court order which prompted quarantining of the material at the Gaborone High Court under the watch of Registrar and Master of the High Court.

Mr Salakae had requested in his urgent application that the election material must be kept in safe custody as it had the potential of providing pertinent evidence for his planned election results petition. 

The order to open the truck and secure the material was issued on the night on October 30 by Judge Chris Gabanagae.  

Mr Salakae, who was the immediate past MP for Ghanzi North, lost the 2019 general election to Mr John Thiite of the Botswana Democratic Party (BDP). 

His petition, together with those of  14 other fellow party members, who contested as parliamentary candidates, were launched on November 23, 2019.   

The other 14 petitions were dismissed by the High Court on technical grounds and were on Wednesday thrown out by the Court of Appeal. 

Mr Salakae’s petition had been the only one given the green light to proceed to trial.

UDC has also withdrawn its four council candidate petitions. 

Mr Aubrey Ramatsebanyana, who was the UDC candidate  for  Babusi Ward (Gaborone Central) had appealed the Gaborone High Court’s December 2019 dismissal of his petition.. 

However, he withdrew the matter that was before the Court of Appeal on January 29. 

The other three were from Mr James Matlhogojane (Selemela Ward), Mr Olefile Motswasele (Naledi Central) and Mr Olebogeng Kemelo (Bontleng), all in the Gaborone South constituency. 

The petitions had been scheduled for trial on February 6-8. 

All four have been ordered to cover costs of the case. 

In light of the development, the court has decided to bring forward the Mogalakwe Mogalakwe petition trial which had been scheduled to continue February 10-15.

The Mogalakwe trial has now been rescheduled for  February 3-7.

Mr Mogalakwe, of the Alliance for Progressives, is petitioning the election outcome of Moralane/Mosolotshane Ward in the Shoshong constituency won by  Mr Kesebelwang Gaorongwe of the Botswana Democratic Party who garnered 674 votes against his 637.

The case, which was adjourned on January 22  is before a panel of three judges comprising Gaolapelwe Ketlogetswe, Omphemetse Motumise and Itumeleng Segopolo. Ends