Plot thickens in BOPEU war
Tsaone Basimanebotlhe | Friday June 14, 2019 13:25
The union leadership led by acting union president Olefile Monakwe has filed an application at the High Court seeking an order compelling the two former leaders to return the union vehicles.
This comes just a week after Mogwera also launched a case at the High Court challenging her purported suspension from the union by Monakwe’s faction.
The vehicles include a Toyota Prado of registration number B 156 BGD and a Toyota Fortuner of registration plate B 685 AYA in the possessions of Mogwera and Marenga respectively.
According to court papers seen by Mmegi, the union wants the court to direct and authorise the deputy sheriff, in the event the respondents fail to comply with the order, to take any or all such steps as necessary to recover the motor vehicles from the respondents or any person whomsoever is in possession thereof on the authority of the respondents and return it to the applicant.
In his founding affidavit, Monakwe said to the extent that Mogwera and Marenga have been suspended and expelled respectively, they could not possess the union’s property.
He stated they have tried to recover the motor vehicles from the respondents subsequent to their suspension and expulsion respectively without success. “Subsequent to suspension and expulsion of the respondents as the president and secretary general of the applicant, we instructed our attorneys of record to repossess the motor vehicles the respondents have been using.
“The applicants have completely ignored to bring forth the motor vehicles culminating in this application,” Monakwe said.
He said the respondents were issued with the applicant’s motor vehicles for official work, but since they have been suspended and expelled respectively from their positions, any benefits extended from that relationship have ceased.
“Due to the respondents’ situations, they are not entitled to the continued enjoyment of the benefits, comprising of the continued use of the motor vehicles given to them as conditions of service,” he added.
He said the respondents’ possession of the motor vehicles is therefore without the applicant’s consent. According to Monakwe, the respondents have been drawing car allowances despite being in possession of union vehicles.
The warring factions at BOPEU have been involved in legal battles since Monakwe’s faction announced that the National Executive Committee (NEC) of the union has suspended its president, Mogwera, on April 27, 2019. It is alleged that Mogwera was suspended for amongst others, misleading the union by alleging that the Board of Directors of BOPEU’s business wing, Babereki Investments, was not aware of transactions that involved investments, loans in subsidiaries and associate companies, when in fact there is evidence of documents she signed indicating her involvement in decision-making, refusing to share the forensic audit report findings with the NEC and deciding to take the National General Congress to a tourist area, Kasane, which came with heavy financial implications to the organisation.
Following Mogwera’s suspension from the union, Monakwe went ahead and removed her and three members from the Board of Directors of Babereki Investments, a decision that she challenged at the court and succeeded.