Karate court fight delayed
Calistus Kolantsho | Saturday August 19, 2023 06:00
The current committee's legal representative, Ofentse Khumomotse, revealed that the scheduled status hearing on Monday has been rescheduled to September due to the unavailability of a judge at the Lobatse High Court.
The applicants in the matter include former BOKA executive members Karabo Samuel, Tshepho Bathai, Samuel Dire, and David Hobona, represented by Wellington Attorneys. The cited respondents are Mpho Bakwadi, Moemedi Nthapelelang, Othusitse Dick, Kemmonye Seletamotse, Keorapetse Dube, Union Kgafela, Francois Alberts, Bose Caiphus, Botswana Shito-Ryu Federation, Botswana Hayashi-Ha Karate Union, JKA Botswana, International Shotokan Karate Federation, and International Ryushin-Kan Karate Do Federation.
According to court documents, the meeting held by the respondents on September 24, 2022, under the BOKA banner was unconstitutional and therefore unlawful. During this meeting, a motion of no confidence was passed against the former committee. "Declaring that the resolutions passed in the meeting were unconstitutional hence unlawful being of no force or effect. ...that the BOKA executive committee duly elected on April 17, 2021, is the substantive and lawful executive committee.
That the suspension of Karabo Samuel and Bathai is unlawful," the court document reads. The applicants assert that the former BOKA executive committee should be reinstated, and they seek to restrain Bakwadi and Alberts, or any other individuals acting as agents of the BOKA executive committee. They request the court to limit the current executive committee's authority to oversee BOKA activities until their terms expire or they are lawfully removed from office. Further, the document states, "...interdict Bakwadi and Alberts from using BOKA office, stamps and letterhead for the purposes of executing official BOKA business unless constitutionally recognised to perform such duties.
Ordering Bakwadi and Alberts to denounce their legitimacy at all institutions BOKA has affiliated with including the World Karate Federation (WKF), Botswana National Sport Commission (BNSC), banks, Registrar of Societies within seven days of the order." The Bathai-led committee assumed office through an elective congress held in Kanye in April 2022, with their term set to conclude in March 2025. In response, BOKA president Bakwadi, representing the association, argued that the applicants lack sufficient legal interest to bring forth the proceedings.
“I, therefore, contend that the applicants lack what the respondents' attorneys call locus standi in judicio (the set of principles that govern whether an individual or group may bring an action in court with respect to a specific issue). "Since this is a matter of legal argument, I leave it to the respondent’s attorneys to address at the appropriate forum,” he said. Bakwadi stated that the applicants were removed from their executive committee positions through a motion of no confidence in September 2022.
“For the avoidance of doubt, the entire executive committee that had been elected on April 17, 2021, was removed from office on September 24, 2022, by the adoption of a motion of no confidence passed against them,” the document reads. Bakwadi highlighted that after their removal, he and Alberts were duly elected as members of the BOKA executive committee. Bakwadi explained that the executive committee holds the authority, as per the BOKA constitution, to suspend an office bearer pending disciplinary action.
Bakwadi noted: "The suspension of the applicants was, therefore, taken in accordance with the BOKA constitution to suspend an office bearer pending disciplinary action.
The suspension of the applicants was, therefore taken in accordance with the BOKA constitution and, I am advised by the respondents’ attorneys, remains lawfully valid and binding until set aside upon judicial inquiry." Bakwadi reasoned that the applicants' application is fundamentally flawed, as it seeks to challenge the proceedings and decisions made on September 24, 2022, which included the motion of no confidence against the executive committee elected on April 17, 2021. He further underscored that this motion had been surpassed by the election of the current executive committee on January 21. Bakwadi argued that the applicants’ application stands to be dismissed with costs.