Seduke, Aviation Academy Take Parly To Court
Innocent Selatlhwa | Monday September 28, 2020 16:13
Seduke’s move comes as an effort to stop giving students transcripts they withheld while they demand payment from government.
Committee members also listed as respondents in the matter include Wynter Mmolotsi, Caterpillar Hikuama, Polson Majaga, Lesedi Leapotswe, Sam Brooks, Oabile Regoeng and Tshoganetso Leuwe.
Seduke and IAS are seeking an order restraining and interdicting the respondents from holding, continuing and/or conducting a hearing in which the applicants shall be called as witnesses and/or be subpoenaed to attend as such.
They also want an order restraining and interdicting the respondents from demanding and/or directing release of student logbooks and files produced and/or are in the custody of the applicants.
Seduke and his institution want an order restraining and interdicting the respondents and/or anyone on their behalf from interfering with the affairs and business of the applicants in respect of its students and properties produced in the course of training the said students.
Through his attorney Mike Rasetshwane, Seduke argues that the respondents have unlawfully infringed upon his and IAS’ right to hold a lien over files and logbooks, which it produced in respect of students that had enrolled with the Aviation Academy.
“The respondents …and its constituting members, have sought to become the law unto themselves and abuse the applicants into producing documents when they have a lawful right to hold on to them pending payment and/or resolution of a dispute between the 1st applicant (IAS) and the Government of Botswana through the Ministry of Tertiary Education, Research, Science and Techniology.”
According to Seduke’s affidavit, he bemoans government led to the institution failing to pay their dues on time and eventually not paying at all.
He stated that due to government’s failure to honour their agreement, the institution ended up unable to trade anymore on account of cash flow problems and ended up under Judicial Management. The institution is demanding P18,770,000 from the ministry.
He laments the Parliamentary Committee subpoenaed him to come before the permit with the logbooks of students, which he felt would defeat the hands of justice if he submitted them.
He is apprehensive he would be forced to produce the files anytime if he does not get his desired offer.