BOMU gets six months waiver to comply
Goitsemodimo Kaelo | Friday June 25, 2021 15:42
Mokgethi’s decision follows a take by BOMU to seek her indulgence following yet another compliance dispute with the Registrar of Societies. The latest development comes just some weeks before BOMU hosts its virtual 2021 music awards.
In a letter dated June 4, 2021 addressed to the BOMU president, Mokgethi says contrary to its (BOMU’s) assertion that it is in compliance with the Societies Act, BOMU has failed to submit its annual returns between 2005 and 2014.
Although BOMU has denied that it is not in compliance and faces de-registration, Mokgethi said BOMU has failed to comply with Section 16 read together with Regulation 8 of the Societies Act, which provides for information to be furnished by societies.
According to that section of the Act, “The Registrar may, at any time, by notice under his hand, order any exempted society or registered society to furnish him with such accounts, returns and other information as may be prescribed.”
“BOMU has failed to submit its annual returns as indicated in item (5) five of the Advisory and Arbitration Council Award. Further, BOMU has failed to comply with Article 8.4 of its own constitution which requires that an Annual General Meeting be held every year in the month of July or on or before the second week of August. The society did not submit returns between 2005 and 2014. The Society also failed to respond to the Registrars reminder sent in March,”
Despite this, Mokgethi said she has noted BOMU’s efforts towards compliance regarding the submission of outstanding annual returns.
“We have therefore decided to grant your organisation a period of six months from the date of receipt of this letter to submit your outstanding annual returns,” she added.
The minister gave BOMU a waiver to continue its operations whilst awaiting to submit the returns.
BOMU’s spokesperson Joel Keitumele maintained that the organisation has never failed to submit its annual returns from 1998. Keitumele explained that the BOMU Executive Committee on June 9, 2021, submitted all the requested documents which were requested by the minister from 1998 to 2021.
The documents include annual returns, minutes affidavits and statements, which laid to rest the organisation compliance issues with the Societies Act.
“You will remember that in 2016, BOMU went to court over these issues, but we had also submitted. Even from the recent letter from the Ministry, we went to the Ministry and showed them the things which they wanted in the file. It was a mistake on the part of the ministry or department to ask for documents that we have already submitted,” explained Keitumele.
Meanwhile, BOMU president Phemelo Lesokwane has issued a strong warning to individuals who “are out to tarnish the image of the organisation”.
Lesokwane said they have instructed their lawyers to sue Eddie Monthe, otherwise known as Senyonfere in the music industry for allegedly circulating misleading and untruthful information against the organisation.
“A letter of demand has been delivered to Mr Monthe and this will be followed up by a summons if he does not cooperate and comply with our demands set forth in the letter of demand. BOMU executice and its membership have taken a decision to litigate against any person who in the current or future will try and bring its name into disrepute,” Lesokwane warned would-be perpetrators.