BNYC boss fails to overturn suspension
Tsaone Basimanebotlhe | Thursday April 23, 2015 18:47
“Any attorney who wants to know the reasons for dismissal of the matter should write a letter informing my court within seven days,” he said. Sibanda was suspended by BNYC effective from 10 April to allow investigations on allegations of maladministration. But through his attorney, Nehemiah Mugoni, he challenged the decision and sought its nullification.
Sibanda sought an order stopping BNYC from evicting him from the BNYC’s house in Gaborone West pending the final determination of the case. Uyapo Ndadi for BNYC said the application filed by Sibanda is not urgent since it has not met the necessary requirements.
“The applicant’s (Sibanda) suspension is aimed at enabling investigations on maladministration allegations to take place without any interference or possible interference by him.
BNYC has not charged or taken any disciplinary action against him. He is merely temporarily removed from office to allow investigations to ensure without any interference by him,” Ndadi said.
He said Sibanda would have the opportunity to come to court if he is suspended pending the decision by the BNYC general assembly to terminate or remove him from his position. He argued that Sibanda had not shown that his suspension was placed before the general assembly for determination.
He said Sibanda failed to show how he would suffer substantial prejudice and irreparable harm should the matter not be heard urgently.
Ndadi submitted that being evicted from the BNYC house does not render the matter urgent, as there are remedies available such as seeking alternative accommodation.