Suspended BLLAHWU treasurer fights back
Oarabile Mosikare | Thursday March 5, 2015 17:46
She says the CEC does not have the powers to suspend her before a hearing.
“The CEC was exercising powers that it does not have. As already averred, the CEC does not have the power to effect pre-hearing suspension against members of the union.
The resolution to suspend the treasurer general is thus unlawful, irregular and consequently of no legal consequence. This is because it has no leg to stand on in terms of the Constitution of the union,” said Motswaiso in her replying affidavit.
In January she received a letter from acting BLLAHWU president, Disang Mokwape notifying her of her suspension for violating the constitution of the union by committing acts of gross misconduct.
But she claims she has not been told where Mokwape gets his supervisory powers over her.
“Even if it were so, supervisory powers cannot entail institution of disciplinary process because whereas the supervisory powers of the president are provided for under clause 15.2 of the Constitution, disciplinary process is governed in terms of clause 16 thereof, which is a stand-alone and elaborate clause with sub-clauses.”
Motswaiso has accused Mokwape of leading a cabal in BLLAHWU that is intent on purging any member who dares challenge the manner in which the union is run. Attorney Obonye Jonas represents Motswaiso while Lesedi Moahi acts for BLLAHWU and Mokwape.