Mogwera Challenges Alleged Coup
Goitsemodimo Kaelo | Monday May 13, 2019 12:48
Mogwera was purportedly suspended as BOPEU president by the union’s National Executive Committee (NEC) at a meeting held on April 27, 2019 at Regent Hotel in Gaborone, with the Union’s first deputy president Olefile Monakwe taking the reigns as acting president.
Monakwe has been cited as the first respondent in the matter alongside Modise Ramaretlwa, Zibani Philemon, Ogaufi Masame and Mosalagae Thako.
In her notice of motion filed on Thursday at Gaborone High Court, Mogwera intends to seek 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.
Mogwera, who recently successfully won a case in which she was challenging her dismissal as Babereki Investments board chairperson, further wants an order directing that the respondents allow her to perform her duties as set out in the Union’s constitution without any impediment at all and to refrain from any manner obstructing the performance of her duties, refrain from issuing public statements and/or media reports relating to her purported suspension.
Moreover, she wants the respondents directed to refrain from undermining her authority in the exercise of her powers as enshrined in BOPEU’s constitution read together with Trade Union and Employers Organisations Act, refrain from usurping her powers and the court to set aside all or any decision and or communication authored by Monakwe purportedly acting as president of BOPEU.
Mogwera argues in the papers that the respondents are on a clear mission to stage a coup, which they tried in 2018 because they were not authorised or delegated to hold the meeting that took the decision to purportedly suspend her.
She said the resolutions taken were not part of the agenda items that had been circulated for the meeting that failed to quorate. The purported NEC meeting chaired by the first respondent is illegal and or unlawful by reason that the president chairs NEC meetings unless she has delegated someone in her absence.
She argues that the right to perform her duties in terms of BOPEU constitution and indeed participate in the various structures are being constrained and interfered with by the negative pronouncements being made by the first respondents.
“For example, I could not speak on May Day celebrations as the first respondent also appeared and purported to be the president of BOPEU. This was a very important event for the workers and the largest public service union did not address the occasion as the BFTU committee took the view that there was a dispute at BOPEU, hence neither I nor first respondent was allowed to address.
This was an event, which was attended amongst others by the President of Botswana and the leadership of the various political parties in Botswana and indeed the members of diplomatic corps,” she argued.
She said the misleading statements circulated by the respondents are creating a state of anarchy in the union. She contends that the Respondents have gone beyond the powers conferred upon them by the constitution of BOPEU and have consequently acted illegally. She said it is difficult to conceive of any reason why the respondents acted in the manner they allegedly did, other than a desire to perpetuate a coup d’état, undermine the rule of law and violate BOPEU constitution.