Court rules in favour of UB UDC

Ten UB Umbrella for Democratic Change (UB UDC) SRC members had contested Kgosiekae’s decision to issue an election writ and appoint a chief election officer.

The applicants took the UB SRC, Kgosiekae and Moteti to court seeking an interim order that would compel them to retract Kgosiekae’s decision to issue an election writ and appoint a chief electoral officer  prior to the UB SRC April 13, 2016 elections. Representing the respondents was Precious Ramaja who said they did not contest the applicant’s argument that the election writ be retracted and a constitutional meeting be held to appoint the chief electoral officer.

“We agree with the applicants that the decision taken by the SRC president to issue an election writ and appoint a chief electoral officer be set aside,” she said.

According to Ramaja, they are of the view that the respondents should not be awarded the cost and they don’t know where the applicants took the authority to seek costs since the power of an attorney doesn’t allow them to seek such.

“In their draft orders the applicants have an instructive order of excluding the SRC and its president from attending the meeting where a chief electoral officer will be appointed. We are of the view that the order will intrude into the administration powers of the SRC, we pray that the order be struck out or amended.” She said.

Kago Mokotedi and Keresepe Sekwenyane represented the applicants. Mokotedi argued that it would be highly erroneous if they came to court out of their pockets. Mokotedi said, the respondents were supposed to bear the costs since they have written several letters requesting the respondents to withdraw their decisions.

“I don’t see any difficulty in solving the issue of costs, the respondents cannot cheery pick what can be taken and left out of the draft order, and these are the same people to whom we have written several letters requesting them to retract their decisions. The respondents have chosen not to oppose our application. We don’t know why they don’t want to oppose the merits of the arguments. It will be highly erred if we come to court out of our pockets.” he said.

Justice Godfrey Radijeng ordered that the decision by the UBSRC president, Kgosiekae of March 30, 2016 issuing a writ of elections for 2016/2017 UB SRC be set aside. His other decision of appointing an electoral officer to manage and supervise the elections was also set aside. Radijeng also ordered that the decision taken by Cedric Moteti confirming the decisions taken by UB SRC president issuing a writ of elections be set aside.

Radijeng further ordered that the SRC members should proceed to meet and appoint the electoral officer and set a date for such elections in terms of student representative council constitution. Radijeng said he agreed that costs were due and were supposed to follow suit. “I agree that the costs are due and they should follow suit, the applicants draft order is granted with amendments and the respondents will bear the costs,” he said.