Former fencing president takes BNSC to court
Calistus Kolantsho | Thursday September 28, 2017 09:32
Mudongo through his attorneys filed an urgent application at the Lobatse High Court. The matter would be heard tomorrow before Justice Tebogo Tau.
Last week, the BNSC slapped Mudongo with a three-year suspension after he was accused of attempting to topple the BAFS leadership. Mudongo lost elections early this year to Mandla Masuku. The suspension bars Mudongo from holding any leadership position within any sport code for the next three years. Mudongo has not accepted the suspension and has instead, taken the matter to court. BNSC was yesterday served with the court papers from Phenyo Sekape of Salbany and Torto Attorneys.
In the letter, the attorney said the office of the BNSC chief executive officer (CEO) does not possess powers “specially in terms of the BNSC act of 2014 in that powers vested in your office only extend to the dealing with sport associations affiliated to the Commission and not to individual members of these associations”.
The attorney argued that his client was never afforded an opportunity to make representation before the BNSC, “not even to be presented with the evidence against him”. He added that there are allegations of fraud levelled against Mudongo. “As far as the provisions of BAFS constitution are concerned, Mudongo was rightf ully and constitutionally elected as president of Fencing. The appointment has not been challenged or set aside, therefore same shall remain valid until rightfully and successfully challenged,” Sekape said in the court papers. He said the decision to ban Mudongo was illegal and it contravenes and undermines BAFS as a legal entity having its own regulations as contained in its constitution. He said the BNSC has interfered with the running of Fencing.
“We demand that the BNSC uplifts unconditionally the decision to ban my client as contained in your letter of September 19,” the letter further said.
BNSC CEO Falcon Sedimo was not available for comment as he is outside the country.