Court rules in favour of Mogwera & Co.
Goitsemodimo Kaelo | Friday September 18, 2020 17:54
Judge Jennifer Dube of the Lobatse High Court directed BOPEU to reinstate Mogwera, Martin Gabobake and Tlhabologo Galekhutle as directors of Babereki Investments while ordering forgery investigations against some of the company’s shareholders.
This followed an application by Mogwera, Gabobake and Galekhutle, challenging their removal from the board of directors of the BOPEU’s business arm following a purported shareholders meeting held on July 7, 2020.
In her rule nisi judgement returnable October 23, 2020, Justice Dube ordered that the trio of Mogwera, Gabobake and Galekhutle should remain members of the Board of directors of Babereki Investments, albeit temporarily pending the final determination of the matter.
The court declared as unlawful and set aside the purported “unanimous resolution of the shareholders of Babereki Investments of a meeting in terms of Section 107 of the Companies Act dated July 7, 2020”.
The Judge said the trio should remain in office until lawfully removed in terms of the constitution of Babereki Investments as read together with the Companies Act, and in full compliance with Justice Gaolapelwe Ketlogetswe’s judgement.
Justice Ketlogetswe had ruled in favour of the trio in a similar case in 2019, a decision that was also confirmed by the Court of Appeal.
“The fifth Respondent (Registrar General of CIPA) is directed to reinstate the second and third Applicant (Gabobake and Galekhutle) in the official records of CIPA as the members of the board of directors of Babereki Investments,” read part of the judgement.
The court further nullified and ordered that some documents signed by Kaboyaone Sedimo, Panana Dipatane and Mandla Gunda purporting to pass a unanimous resolution of the shareholders of Babereki Investments to be treated as false and fraudulent.
Dube ordered the Borakanelo Police Station to carry out an investigation on the possibility of forgery, uttering false document and/or giving false information against Sedimo, Dipatane and Gunda based on the contents of those documents.
The Judge also held that the trio of Sedimo, Dipatane and Gunda were in contempt of the court order of Justice Ketlogetswe in the previous case involving the same applicants against the BOPEU president Olefile Monakwe.