Mogwera's hearing set for July
Goitsemodimo Kaelo | Friday June 7, 2019 12:28
Mogwera was purportedly suspended as BOPEU president by the union’s National Executive Committee (NEC) at a meeting held on April 27, at Regent Hotel in Gaborone, with the union’s first deputy president Olefile Monakwe taking over the reigns as acting president.
In the matter, Monakwe has been cited as the first respondent alongside Modise Ramaretlwa, Zibani Philemon, Ogaufi Masame and Mosalagae Thako.
The entire respondents are members of the BOPEU National Executive Committee (NEC).
Mogwera has also launched an interlocutory application to interdict the respondents from convening a disciplinary hearing against her.
In the main application, Mogwera is seeking an order declaring as unlawful and setting aside the purported decision to suspend her by the respondents.
She also wants an order setting aside the proceedings of the purported meeting held on April 27, chaired by Monakwe and declare null and void any decision taken thereat.
The matter was set for roll call on Wednesday, but the parties were not agreeable as to how the court should proceed with the matter.
Attorney Dutch Leburu representing Mogwera submitted that the court should first deal with the interlocutory application he filed, which seeks to stay a disciplinary hearing notice by Monakwe against his client.
“This is so because the respondents are obstructing the applicant from performance of her duties as the union president. They have subjected her to a disciplinary hearing. The process ought to be stayed until final determination of the matter by the court,” he argued. He pleaded with the court to set a nearer date to hear both the interlocutory application and main application if it does not proceed in the manner envisaged.
However, the respondents’ attorney Gabriel Kanjabanga argued that the matter has not been brought on urgent basis, as such it should follow the normal course.
On the issue of disciplinary hearing, Kanjabanga said the issue does not affect the proceedings in any way.
“BOPEU is the one going to do the disciplinary hearing, but it is not cited as a party to these proceedings,” he argued.
Meanwhile, High Court judge Chris Gabanagae set the matter for July 10 because he also needs time to read the papers and get a good understanding of the matter.