The Botswana National Front (BNF) says it will appeal against the judgment of the High Court declaring that MP Akanyang Magama is entitled to be the BNF's parliamentary candidate for Gaborone South in the 2009 general election.

This was confirmed by party spokesperson, Moeti Mohwasa, who said that the decision was taken at a Central Committee meeting held on Friday evening.

That afternoon, High Court Judge, Isaac Lesetedi, summarily dismissed the decision of the BNF to order a re-run of the primaries at Gaborone South where Magama had defeated attorney, Tebogo Sebego.

Sebego had appealed against the outcome of the February primaries, compelling Magama to seek legal redress.

Magama opposed a re-run on the grounds that there were procedural irregularities and that he was a victim of ongoing factional infighting that has translated into purging of all those opposed to party president, Otsweletse Moupo.

Mohwasa says that the party leadership is of the view that the judge misdirected himself and he completely disregarded the election report by Tex Phiri stating that the elections were marred by cheating and a lot of irregularities.

He said that the party was concerned that the judge had directed that the party's secretary general, Mohammed Khan and Victor Moupo, the secretary to the Appeal's Committee should pay for the cost of the case. The two were acting on behalf of the party, Mohwasa said.

Khan is accused of amending the party primary election rules and regulations when he has no authority to do so while Victor Moupo was accused by Magama of unprocedurally ordering a re-run at Gaborone South.

Lesetedi ruled that Magama was right to cite Khan as first respondent and Moupo, the second respondent, in their personal capacity, stating that Magama has been able to establish that they acted in bad faith in pursuit of a factional agenda instead of the party's interest.

"We believe everything was done without a desire to disadvantage anyone," said Mohwasa, protesting why he is opposed to the decision that Khan and Victor Moupo should bear the costs of the case.

Mohwasa said that the court had no authority to declare anyone a candidate for the elections except the political parties themselves.

"Only the BNF can declare somebody a candidate," said Mohwasa.

Mohwasa said that the judgement had far reaching implications hence the decision to appeal to hear other views.

"Whatever the decision of the Court of Appeal will be, we abide by it," he said.

In his judgement, Lesetedi said Sebego failed to serve Magama with a copy of his letter of protest, adding that allegations by Tex Phiri that the elections at Gaborone South were marred with irregularities and cheating could not breath life into Sebego's failure to serve his protest within the stipulated time period of seven days.

He said that Sebego gave Magama the right to be the party's parliamentary candidate immediately after the seven-day protest period elapsed. He said that there was nothing in the BNF's rules and regulations, which gave the constituency appeal's committee and the National Appeals Committee authority to listen to and condone appeal's submitted late.

Mohwasa also revealed that the party was proceeding with disciplinary action against Magama and pointed out that the disciplinary hearing against Magama had nothing to do with the case.

Magama is to appear before the party's disciplinary committee to answer charges of misconduct and gross indiscipline.

Contacted for comment, Magama referred enquiries to his lawyer Dutch Leburu, who said he was unable to comment until he has looked at the BNF's grounds of appeal.

Commenting on the disciplinary hearing, Leburu said that he had not seen the charge sheet against his client. "We will deal with this issue when it arises after we have advised ourselves accordingly," he said.