Another day for BLLAHWU court battle
Oarabile Mosikare | Thursday September 25, 2014 17:55
Baone Seloka and other applicants representing BLLAHWU, recently approached the court on urgent basis seeking the court to interdict Kedise from entering the union offices without prior permission of the secretary general Ketlhalefile Motshegwa.
The union also sought to have Kedise interdicted from participating in its affairs. Also, the applicant wanted the ousted president interdicted from representing himself in public as either a member or president of BLLAHWU. The union also wanted Kedise to immediately surrender all property of BLLAHWU, which might be in his possession or control.
Representing Kedise, attorney Philip Nyamambi told the court that Seloka does not have powers to bring the application for the reason that the Constitution of BLLAHWU does not empower him to do so. “The present application is not urgent, and the matter ought not to be treated as urgent by reason of the fact that the urgency is self-created and the applicant can be afforded substantial redress at a hearing in due course,” argued Nyamambi. He also submitted that the application is incompetent, as it has failed to satisfy the requirements of an interdict in establishing evidence for a well-grounded apprehensive of irreparable harm.
“The application is incompetent by reason of the fact that the applicant has failed to demonstrate that the meeting of July 17, 2014, at which the decision to take action against the respondent was made, was constitutional and in accordance with Article 12.3.2 of the constitution of the first applicant, regarding scheduled meetings of the Central Executive Committee (CEC); or alternately extraordinary meetings of the Central Executive Committee,” he said.
He further submitted that the purported termination of Kedise’s BLLAHWU membership is unlawful by reason of the fact that Kedise was not given an opportunity to be heard and to defend himself.
Appearing for BLLAHWU and Seloka, attorney Joseph Akoonyatse said the law is clear, that if a member proves a prima facie case an interdict can follow.
Akoonyatse said Seloka is a bona fide member who is empowered to interdict another member. He said there was a scheduled meeting that was called by the CEC, which was in accordance with the constitution.