Mogwera fails to overturn her suspension

Goitsemodimo Kaelo | Friday April 3, 2020 21:34

Mogwera was expelled at the union’s special general congress, which took place on November 30, 2019 to December 1, 2019. At the time she was still serving her suspension from the union. 

Following her expulsion, she had on December 5, 2019 launched an urgent application seeking the court to bar the union from implementing decisions taken at a special general congress, which took place on November 30, 2019.

She wanted the court to set aside and nullify the decision of the special congress to dismiss her from the membership of BOPEU. Mogwera also wanted an order interdicting and/or restraining the Attorney General from effecting any changes in the records of the Attorney General based on the decisions taken at the meeting of November 30, 2019 to December 1, 2019 until after final determination of the main case and/or a review of the decision forming the subject of the meeting of the November 30, 2019 to December 2, 2019 in relation to her.

However, High Court Judge Justice Mokwadi Gabanagae dismissed her application with costs due to lack of urgency. Gabanagae said the applicant failed to demonstrate why she is of the view that the matter is urgent. “The applicant failed to furnish reasons why it took about five days to launch the present application. The applicant alleged that the matter was urgent at paragraph 27.1 to 28.9 of her founding affidavit.

 She did not explain why she could not bring the application earlier for example, on the 1st of December 2019 and why she had to bring on the 5th December 2019. It is not for this court to guess what the reasons are, if any. The reasons have to be fully set out in her founding affidavit,” said Gabanagae.

Gabanagae also said at the time the application was launched, the applicant had already been expelled from the membership of the union. He reasoned what the applicant put forward as reasons for urgency are consequences that follow dismissal.

He ruled that the applicant has the right to challenge the decision of the special congress in the normal course. The court also ruled that there was no grounds of review have been stated and consequently no cause of action for review is disclosed against BOPEU.