BONU woes intentsify

Tsaone Basimanebotlhe | Monday September 25, 2023 06:00

Just a few weeks ago, the union secretary-general, Lebogang Phillip, was suspended pending hearing and finalisation of judicial review. He has since been reinstated, but now president Peter Baleseng is on suspension accused of misconduct. At the centre of these troubles is the interpretation of the union constitution.

The new central committee (CC) has 13 members, five of which are new and the rest come from the old committee. These two blocks do not seem to gel well. However, the acting president Oreeditse Kelebakgosi told Mmegi: “Our differences will not last long since the president will soon appear before a disciplinary committee.

I do not believe that the differences we are having could split the union and rather they will bring us together. Union sub committees are independent and our belief is that they will act on the matter quickly so that the president comes back to the office.

This matter will assist to close certain gaps on the constitution since our differences are basically on the interpretation of certain clauses. As the CC, apart from our minor differences, we work well.” He also said as the CC they would not interfere with procedures of the disciplinary sub-committee. Kelebakgosi stressed that they do not have any personal issues with Baleseng and they will be willing to work with him if he is reinstated.

A letter dated September 18, 2023, written to Baleseng reads in part: “It has come to the central committee's (C C) attention that there are allegations of misconduct against you, as BONU president.

The alleged acts of misconduct include but not limited to abuse of office, unauthorised use of union property (vehicle - plate number: B377BMF) for personal errands without authorisation of the CC, failure to adhere to and observe principles of democracy and collective responsibility, thereby undermining the interests, business and constitution of the union, failure to prioritise the business of the union by non-attendance to Central Executive Committee’s meetings without reasonable cause, failure to maintain unity within union membership and structures, particularly the CC.” The letter of suspension of the SG letter reads:

'You are to refrain from attending any duties at the union offices or any of its affiliates whilst the investigation continues, you will remain reachable and within the availability of the union and/or its auditors for the duration of the investigation and your monthly salary will not be affected by this suspension.” On the contrary, the SG did not take the matter lightly as he challenged his suspension in court.

In his court papers that he had filed, he said on August 31, 2023 at an annual general committee (AGC) meeting, they resolved to suspend him pending investigations of issues raised by the forensic audit was voted upon by the Annual General Conference on same day. His contention was that the suspension was not on the agenda item brought forward when the notices of the AGC were issued. And that there was no quorum formed at the AGC rendering the meeting and any resolutions from same void and of no effect.

“There are no rules or regulations in the constitution that confer the CC with the power to discipline or suspend members of the CC. The forensic audit report informing the suspension was not shared prior to the AGC with the rest of the board pack and neither was it shared during or after same,” he urged. He also highlighted that the auditors made a power point presentation and indicated that they had not concluded their audit at the material time. In a shocking development, the BONU CC decided not to object what its SG had raised in court. When making a ruling on Monday this week, Justice Zein Kebonang said there is nothing he can do if the members of BONU CC had failed to respond or challenge the matter and also to pitch up in court. “My hands are tight and therefore, I am bound to grant the applicant the order he wants.

Therefore, the union decision of Agust 31st, 2023, suspending the applicant (Philip) as the secretary-general of BONU be stayed pending the hearing and finalisation of the judicial review application to be instituted by BONU. The respondents will bear the cost of the application on ordinary scale,” Justice Kebonang said. Recently, Baleseng wrote to members that the secretary-general will resume his duties in the office without hindrance until the determination of the judicial review application to be instituted. However, efforts by some BONU members to be part of the case or joinder could not succeed. It was clear that there are some members who were not happy with the decision by the CC not to defend the matter. Justice Kebonang advised them that they should instead take action against the CC.