BOPEU refuses to fork Motsamai's P2m-plus claim
Mpho Mokwape | Friday September 7, 2018 12:31
The union, which is at loggerheads with Motsamai over his payment claim, says he is not entitled to the claimed amount as the union is dealing with the aftermath of his misdemeanours.
Motsamai had dragged the union to court seeking the remaining balance of P2,122, 299.22 that makes part of the total amount of the P3.7m due to him, that was agreed by the parties upon parting ways. Before the court proceedings where he wants a summary judgement against the union, he had already been paid P1.2m.
Now BOPEU, which is opposing the summary judgement that was before Lobatse High Court judge, Abednego Tafa on Wednesday, says it was not aware of the full extent of Motsamai’s misdemeanours when the first payment was made.
Through their attorney Dutch Leburu, the union submitted that they had to pay companies including one they paid P8m due to Motsamai’s acts. “The decisions taken by Motsamai have resulted in substantial loss of damages running into several millions as evidenced by an audit report,” Leburu said.
BOPEU has made a counter-claim against the former chairperson in excess of P20 million saying he signed documents on behalf of the union without the authority of the Board.
The union explained that he had breached his fiduciary duty in the performance of his functions as director of the union.
“The summary judgement is opposed as the union has a case and that there exists a counter-claim, which is in excess of Motsamai’s claim,” Leburu argued. However, Motsamai who through his lawyer Gabriel Kanjabanga sought a summary judgement for the claim, argues that the claim is based on what was agreed on as part of wages. Motsamai says the application emanated from what was agreed on and that it is a claim based on the contract of employment.
“This is the money from the contractual agreement being leave days, gratuity amongst others,” Kanjabanga said.
The attorney submitted that there was no basis to oppose the judgement, especially that the counter-claim was done and presented without material facts.
He argues that the union was claiming that he had authorised payments and on that account, they should bring forward material facts.
“The claims even mentioned are pending before other courts and he is not even part of the proceedings and there is no reason for the union not to pay the claim as agreed,” Kanjabanga submitted. Motsamai and his attorney at the time of the case arguments had not opposed the union’s counter-claim against him.
Motsamai, who was at the helm of the now controversial BOPEU had his contract terminated on September 11, 2017.
Following the termination and a takeover by Masego Mogwera as the president, it was not long before the union was plunged into turmoil.
The union has never seen rest as the boardroom wars have now spilled into the courtroom.
Judgment is reserved for December 13, 2018.