David Ikanyeng has withdrawn his urgent High Court case in Gaborone and will instead pursue a judicial review in the Lobatse High Court challenging Minister Motshegwa’s decision to reinstate Kabo Ketshogile as Palapye District Council chairman
SESUPO RANTSIMAKO
The legal fight over the Palapye District Council chairmanship has taken a new twist after ousted chairman David Ikanyeng withdrew his urgent High Court application in Gaborone, which challenged both his removal and the reinstatement of Kabo Ketshogile.
Ikanyeng has now opted to pursue the matter through judicial review proceedings in the Lobatse High Court, effectively resetting the legal battle but keeping the core dispute alive.
WHY THE GABORONE CASE WAS WITHDRAWN
Ikanyeng said the decision to abandon the urgent application followed indications that the court could not grant the type of relief he was seeking at that stage of the proceedings.
He told The Botswana Gazette that the withdrawal was procedural rather than an admission of defeat, insisting that the matter would return to court under a different legal approach.
FOCUS SHIFTS TO MINISTER’S POWERS
At the heart of the upcoming judicial review is the decision by the Minister of Local Government and Traditional Affairs, Ketlhalefile Motshegwa, to overturn Ikanyeng’s election as council chairman and reinstate Ketshogile.
Ikanyeng wants the Lobatse High Court to determine whether the minister acted lawfully and followed correct procedure when reversing the council’s decision.
“The issue now is whether the Minister’s decision to reinstate Ketshogile was procedurally correct. That is what we want the court to determine,” Ikanyeng said.
COSTS AND PROCEDURAL DEVELOPMENTS
As part of the withdrawal in Gaborone, Ikanyeng agreed to pay legal costs for the fourth respondent, Kabo Ketshogile.
However, he indicated that costs relating to the other respondents will be argued in the Lobatse High Court once the judicial review is formally filed.
BACKGROUND TO THE DISPUTE
The conflict stems from a motion of no confidence passed by councillors, through which Ikanyeng had initially succeeded in removing Ketshogile from office.
That decision was later overturned by the Minister, who reinstated Ketshogile—triggering a legal and political contest over the extent of ministerial powers in local government affairs.
Although he has withdrawn the urgent application, Ikanyeng maintains that the dispute is far from settled.