Judge Rebukes Attorney
Tsaone Basimanebotlhe | Monday November 9, 2015 11:53
Dambe said there is no point for parties to be rushing to court seeking urgency when the case is not urgent. Dambe said this during a case in which some members of Botswana Mine Workers Union (BMWU) are suing their president, Jack Tlhagale, BMWU and members of the executive committee.
The members are seeking the court to interdict the new committee from executing its mandate because they fear that they might misuse union funds. “I don’t think I should have listened to this case because the issue of urgency is not addressed at all. We cannot rely on allegations in court. I need evidence. Important things are supposed to be contained on the founding affidavit not on the replying papers. I don’t think this case is urgent. This is a bad case. Clients are there to be advised,” said Dambe.
The applicants’ lawyer, Wema Isa, submitted that her clients could not get evidence because the new committee had locked the union offices. This did not convince the judge. Isa said the respondents in the matter, who include union president Tlhagale and some members of the executive committee acted unlawfully by locking the union offices while they were not yet registered by the Registrar of Trade Unions and Employers’ Organisation.
Isa argued that the matter is important on the basis that the conduct of the new committee was questionable since they wanted to sell union company shares. “Where is the evidence of all what you are accusing the new committee of? Where did they get the information that the new committee had sold certain shares of the company? Is there anywhere in the papers where it explains that?,” wondered Dambe.
However the senior state counsel, Puso Motlhabane, maintained that the case was not urgent. He said the Registrar had received a complaint letter from some union members. “The registrar had received a complaint letter from some union members but there is no evidence supporting the letter. The Registrar can only register a case against the alleged members when he has enough evidence,” Motlhabane said. The union’s attorney, Moses Kadye, also shared the same sentiments with Dambe that this is the worst case he had come across.
“My Lordship they have wasted your time. There is no case here. The BMWU members have a tendency of taking their union to court after elections. Certain procedures had not been followed when one applies for an urgent application,” Kadye said.
The ruling will be delivered on November 13. The applicants in the case are Marius Kruger, Granny Kanyeto, Boikaego Langwane and Baphuti Goshetwang.