‘Penurious’ Sibanda loses with costs

Suspended Botswana National Youth Council (BNYC) chairman Louis Sibanda has lost with costs a case in which he sought to have his suspension lifted because he is the poorer for it. Sibanda lawyer Nehemiah Mugoni had to field tough questions on Wednesday from BNYC lawyer Uyapo Ndadi regarding Sibanda’s motives for joining the youth organisation.

At issue was Sibanda’s assertion that he will lose certain privileges like sitting allowances if the court did not set his suspension aside.  The matter was brought before Gaborone High Court Judge Zein Kebonang on an urgency application. Ndadi drove hard before Sibanda lost the case:  “Did he take up the chairman position to make money for himself?,” he queried.  In his founding affidavit Sibanda had claimed that he would lose out on his sitting allowance as Chairman of the executive committee BNYC, prompting Ndadi to ask where he would obtain money from once he ceased to be chairman.

The barrage of questions followed: “Is the sitting allowance of greater importance than investigations into maladministration? Do we have information on how much we are talking about as sitting allowance? Maybe we are talking about P10 per sitting?”

Ndadi argued that Sibanda’s suspension was aimed at enabling investigations of allegations of maladministration to take place without any interference or possible interference by him.  “I stay in a rent-free institutional house at Gaborone West by virtue of being Chairperson of the Committee,” Sibanda says in his affidavit. “Losing this accommodation would constitute irreparable harm to me because if I left it would be impossible for me to recoup the expenses of relocation because my stay in the house is merely a privilege and not a right.”

Sibanda’s affidavit also says his suspension will jeopardize his private consultancy business with public and private institutions who have since expressed uneasiness doing business with a person associated with corruption and maladministration.

He argues that he was entitled to a meaningful hearing before a decision to suspend him could be made in terms of Clauses 13.2 and 13.7 of the BNYC statute. According to these provisions, the executive committee of BNYC may suspend any member pending approval by the general assembly of the organisation provided that he or she has been given a reasonable hearing. A portion of the letter of Sibanda’s suspension reads: “During the period of your suspension, you are to cease from any engagement that purports to represent the Council and its interests.

This includes communication with the media, let alone social media comments, regarding the issue.” Following the arguments by both parties, Justice Kebonang dismissed the case with costs.