BNYC case to be heard in August
Tsaone Basimanebotlhe | Thursday July 16, 2015 16:54
While Justice Modiri Letsididi did not rule on whether or not the matter was urgent, he was convinced that there were merits to the case. to page 2
“I am not going to make a ruling on urgency but I will fast track the matter so that it is heard in August, unless the attorney for the applicants convinces me otherwise. The applicants will pay 50% of the cost of today,” Letsididi said. State attorney Joseph Akoonyatse argued that the matter was not urgent because the committee that was challenging the dissolution of BNYC had long known about the Presidential directive. “The applicants could have taken action immediately after they heard of the cabinet memo and the Presidential directive to dissolve BNYC structures. Firstly it was retrenchment of workers and now the same action had been taken to the board and NEC. They are not explaining how this action would make them suffer,” Akoonyatse said. He said the applicants have seriously failed to demonstrate urgency on their affidavits. The NEC attorney, Uyapo Ndadi, on the other hand argued that the application was urgent because BNYC is an autonomous entity from the government. He said the government had no power on the affairs of BNYC. He said BNYC could not operate without having a general assembly, secretariat and national executive committee. He said the public, especially the youth and applicants, owned the BNYC.
However, Judge Letsididi said he did not understand why NEC could not ignore government’s decision if indeed they believe that government does not have power on their affairs. “If indeed the executive created it, the applicants cannot own it,” he said.