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Court Moves Forward Monakwe Appeal

 

Court of Appeal (CoA) justice Isaac Lesetedi postponed the matter Friday after it emerged that the parties were not prepared to argue the appeal. The postponement comes after Gabriel Kanjabanga for the applicant told the court that the respondents served them late. Kanjabanga is representing BOPEU first deputy president, Olefile Monakwe in the matter.

The beleaguered BOPEU business wing’s board chairperson recently succeeded at the High Court in her bid to challenge her dismissal from the company along with three other directors.

Mogwera and three others challenged their dismissal as members of the Board of Directors of the union’s investment arm, Babereki Investments (Pty) Ltd.

Mogwera, along with Martin Gabobakwe, Tlhabologo Galekhutle and Otto Itumeleng were on April 27 dismissed by BOPEU first president, Olefile Monakwe.

Lobatse High Court judge Gaolapelwe Ketlogetswe nullified Monakwe’s decision and restored them in the Board of the company, a decision that is being challenged at CoA.

On Friday, Lesetedi ordered that the matter be postponed to July 17 to enable the applicant to file his replying affidavit and heads.

“The matter is postponed to July 17 to enable the applicant to file replying affidavit and heads. The said replying affidavit is to be delivered on the 11th and the heads not later than the July 12th. The respondents should also file supplementary heads on the 13th,” ordered Lesetedi.

Meanwhile, the appeal was postponed with costs to the applicants as Lesetedi ordered that they pay the respondents ‘wasted costs of the day’.

Mogwera has been involved in court battles with Monakwe’s faction over the control of both the union and its investment arm.

Prior to her disappointment as chairperson of Babereki Investments board of directors, she was purportedly suspended from BOPEU where she has been serving as president, a matter she is currently challenging at the High Court.