Judgement On Legality Of Mogwera's Suspension Soon
Tsaone Basimanebotlhe | Monday September 9, 2019 11:40
The urgent case was heard before Justice Christopher Gabanagae on Friday.
Mogwera was suspended from the union on April 27 at a meeting that was held at Regent Hotel.
Mogwera through her attorney, Dutch Leburu, said the proceedings of the purported meeting should be declared null and void or any decision taken thereat.
“The meeting was unlawful because the members could not form a quorum of the National Executive Committee (NEC). NEC should have at least two-thirds of the NEC members,” urged Leburu.
“We want the court to allow the applicant (Mogwera) to perform her duties as set out in the constitution of BOPEU without any impediment at all and refrain from any manner obstructing the performance of her duties as such; refrain from issuing public statements and/or media reports relating to the purported suspension of Mogwera,”
He added that the respondents in the case should refrain from undermining the authority of Mogwera in the exercise of her powers as enshrined in the constitution of BOPEU.
He wants the court to also set aside all decisions and/or communication authored by Olefile Monakwe and Mosalagae Thako. Mogwera also wants the court to bar or interdict the disciplinary committee or any other committees from taking action or steps towards conducting a disciplinary hearing against her.
However, the acting president of BOPEU Monakwe through his attorney Gabriel Kanjabanga said the matter is not urgent.
Kanjabanga said the urgency on the matter was triggered by a letter of August 20, 2019 summoning Mogwera for a hearing.
“My client was appointed as an acting president on the 27th of April 2019 through a meeting held on that date, which information has always been known by Mogwera and she has never bothered to approach court to challenge his appointment on urgency or seek an order setting aside the minutes of the meeting,” Kanjabanga urged.
He further accused Mogwera of having intentions to block the scheduled disciplinary hearing in which she is facing allegations of misconduct.
Kanjabanga said it must be understood that the NEC meetings could still continue in the absence of the President if s/he has failed to attend.
He continued: “The BOPEU president does not have power to dissolve the NEC. She knew about the said meeting and decided not to attend it. She cannot suffer any harm because if found guilty, she could appeal through BOPEU structures.
The union must continue running even if Mogwera is suspended. I want the case to be dismissed with costs”.
Justice Gabanagae said the disciplinary hearing should not proceed until the judgement is out.