Scouts Association Wants Chief Commissioner Removed From Office

Mpho Mokwape | Monday February 22, 2016 16:51

 

The members who have temporarily, through a court order, interdicted Morgan Letsholathebe from holding office as their Chief Commissioner on Thursday appeared before Gaborone High Court judge, Justice Kebonang. This follows a leadership crisis that has rocked the association which has President Ian Khama as its patron.

Their attorney, Uyapo Ndadi said Letsholathebe could not keep holding the fort as the leader of the association because he has long been removed through a motion of no confidence.

Ndadi explained that the vote of no confidence was an administrative act therefore it exists and has legal consequences that Letsholathebe should not ignore and holding himself out as the Chief Commissioner.

“This was an administrative act and until it is invalid it should be obeyed. Like Justice Ian Kirby said, until an invalid administrate act is set aside by the court in the proceedings for judicial review, it exists in fact and has a legal consequences which can not be overlooked,” he said.

He argued that the members were seeking an interdict to protect their rights within the organisation saying Letsholathebe was engaging many stakeholders in his capacity as the Chief Commissioner when he no longer holds that position.

Ndadi pointed out that the respondent had also admitted that there was a leadership crisis that existed but blamed it on others while excluding himself.

“Members made the decision to remove the respondent from office and if he is not happy with the manner in which the decision was made, he ought to have approached court to seek a nullity. He has not done so therefore the decision is a valid law.”

He further said neither Letsholathebe nor any other person had the powers to declare a valid law decision a nullity except the court and a judge as empowered by the judicial system. Letsholathebe’s attorney Phenyo Sekape however countered the assertion saying his client was still within his rights to hold the office because a meeting that was convened and resulted in his removal from office was not properly constituted, therefore it is a nullity.

Sekape said to the knowledge of his client, the national executive committee (NEC) never scheduled the Annual Council Meeting (ACM) and that the constitution was never complied with during his removal.

“Since the constitution was not complied with, my client is entitled to ignore the vote of no confidence passed on him.”

He further argued that the litigation was a nullity as the NEC never met to pass a resolution for the association to litigate.

Letsholathebe was in November 2014 elected into office as the Chief Commissioner. His three-year term in office was to end on November 2017. The vote of no confidence was passed on him by members of the National Scout Council (NSC), which is the supreme body of the BSA, at an ACM on November 21, 2015.

According to court documents, the meeting was called by the NEC, which by the constitution of the association is empowered to convene the meeting.

Judgement has been reserved.