BOPEU woes deepen as members take NEC head on
Mpho Mokwape | Friday September 14, 2018 14:09
The six members who don’t form part of the interim committee that has been at war with the NEC filed an urgent application on behalf of union members seeking the permanent removal of president Masego Mogwera and her team.
Mogwera and her team had been suspended from the union on July 28, 2018 following a resolution that they refused to honour by vacating offices on account that only a congress could expel them.
Failure by the interim committee that was elected during that infamous meeting to evict and interdict Mogwera and her NEC from office, now members have taken it upon themselves to save the union’s reputation.
The applicants led by Carthage Modisane are seeking on urgency an interim interdict returnable for a final order against the suspended committee pending investigation and disciplinary action by the NEC.
The relief they sought amongst others, is that the respondents be interdicted from unlawfully and without authority using the property and spending the funds of BOPEU against the resolution of NEC that Mogwera and Tlhabologo Galekhutle as treasurer general of BOPEU stop fraudulent misuse of BOPEU funds.
Moreover, the applicants want that the respondents be interdicted and prohibited from occupying office in BOPEU with effect from the July 28. “That the respondents be evicted from any office, building or premises belonging to BOPEU. That the respondents be interdicted or prohibited from entering any office, building and or premises belonging to BOPEU. That the respondents are interdicted from talking to BOPEU employees about any official information about BOPEU,” reads the court documents. Also, the applicants are seeking that the respondents surrender every asset whether it be books of accounts or any asset of whatever nature or form belonging to BOPEU, cease from representing and acting on behalf of BOPEU, interdicted from calling any press conference, meetings including a National General Congress (NGC) and Special General Congress (SGC) on behalf of BOPEU.
The disgruntled members also want the suspended committee interdicted signing any document and negotiable instruments on behalf of BOPEU lastly from authorising and making any payments from any bank account belonging to BOPEU.
According to an affidavit deposed by Modisane, the applicants explain that they have a locus standi to bring the application before court.
Their right to bring the application, they note, is founded and created by section 39 and 44 of the Trade Unions and Employers’ Organisations Act. The aforesaid sections reportedly give the applicants and any other member of BOPEU to bring an application before the High Court. “In fact the two aforementioned sections, are rights creating provisions such that they confer some entitlements to members of any trade union to approach court for the reliefs indicated in the application,” Modisane explained.
However, Mogwera and her team have opposed the application on the basis that there is no valid suspension that exists against them. In an answering affidavit by Martin Gabobake, the suspended committee admitted that they remain the substantive office bearers of BOPEU and will continue to execute their constitutional mandate in terms of the union’s constitution and the Trade Union and Employers Organisational Act and without hindrance.
“There was no constitutional basis for the suspension of the committee at the meeting of July 28, 2018.
“Consequently the said Ogaufi Matilda Masame could not lawfully preside over the meeting aforesaid, hence we remain in power,” he said. The respondents further argue that no evidence of fraudulent misuse has been placed before court as required by law or at all and the application ought to be dismissed.
They argued that should the interim interdict sought be granted, there will be disastrous effect on BOPEU and some of its institutions by reason that the union has staff which have to be supervised on a daily basis and services rendered to union members in the form of attending cases assisting regional teams and shop stewards.
And that the suspension or stoppage of union activities will affect the licences of business wings of the union, as it is only the vetted members of BOPEU who sit on the boards.
“Their suspension would inevitably lead to the possible suspension of the NBFIRA licences and this will have a disastrous effect on BOPEU,” Gabobake said.
Lastly, the respondents say the application ought to be dismissed, as the union has not been joined as a party to the proceedings, therefore the applicants are not acting on the union and its members’ interest. Attorney, Othusitse Mbeha represents the six members while Dutch Leburu is the respondents’ lawyer. The case is before Justice Mercy Garekwe.