Monakwe's urgent appeal falls flat
Goitsemodimo Kaelo | Monday June 24, 2019 12:53
Monakwe had approached CoA to overturn a High Court decision that recognises suspended union president Masego Mogwera, as the chairperson of the union's business arm, Babereki Investments. He wanted his appeal to be urgently dealt with and the decision of the High Court stayed pending this appeal.
However, Lesetedi ruled on Monday that the applicant has failed to show what irreparable harm or prejudice he is suffering as a result of the reinstatement of Mogwera and three others as members of the Board of Directors of Babereki Investments (Pty) Ltd.
“In his affidavit before this court he has gone to some length referring to certain transactions, which he said point at the respondents’ management of the company having been extremely negligent, reckless and not in good faith to the company finances. He claimed that the respondents' management of the company affairs has run up a loss of close to P60 million, which risks the company to its knees. But the alleged prejudice relates to BOPEU and the company and he is not claiming to be acting in this court in any of those capacities,” Justice Lesetedi said.
He added the applicant was at all material times sued as a principal usurper and in the absence of irretrievable harm pending the hearing of the appeal, the order for a stay could not be granted.
“In the absence of any irretrievable harm or prejudice to the applicant it is unnecessary to consider the other requirements for a grant of stay of execution. The application for a stay falls flat at that first hurdle,” he added.
Accordingly, Lesetedi said the same weakness applies to the question of urgency justifying expediting the appeal. He said there is no exceptionality to the appeal, let alone good and substantial grounds that justify giving the appeal more preference that is equal or more deserving appeals, which are in the normal queue.
“Having found that the applicant has filed the hurdle, it is unnecessary to consider the prospects of success as that will merely constitute a dry run of the appeal itself. For the reasons given, this application stands to fail,” Lesetedi said in his ruling.