Ex-Tru Man Trust employee sues board chiefs

EDWARD BULE
Correspondent | Wednesday March 23, 2011 00:00

The board comprises Khumongwana Taylor Maoto, Julias Bolokwe, Robert Kabozu, Ogomoditse Maruapula, Isaac Seleka, Gabriel Masie, Sylvia Muzila and True Men Trust. The above are listed as first to eighth respondents respectively. However, 'The eighth respondent is cited nominally only,' says the founding affidavit. Tru Man Trust, a non-profit making organisation, was founded in 2007. Its aims are to promote social change within the community of Francistown and the surrounding areas and further empower men on social and health issues. According to the affidavit prepared by the respondent's attorneys of record, Mmohe and Associates, Majadibodu, who was head hunted and then employed in July 2010, was dismissed through a letter dated 9th February, 2011.

Before his dismissal, he spearheaded the organisation's programmes. He also developed project proposals and sourced funding for the projects and recruited staff. As chief executive officer (CEO), he also advised the board on the overall performance and management of the trust.

Majadibodu says in his affidavit that as soon as he started work, he noticed that contrary to the Deed Of Trust, no annual general meetings had been held since the trust was formed in 2007. As a result, he says, the members of the trust had no stake in the organisation and could not receive any financial reports. He also says that he noticed that the board had exceeded its term of office. He suggested that an annual general meeting (AGM) be called where elections could be held. His view is that, with its tenure having expired, the board had no mandate to run the affairs of the trust.

Things came to a head, according to the applicant, when instead of an annual general meeting, Maoto appointed Maruapula, Seleka, Masie and Muzila. Majadibodu, a Botswana Congress Party (BCP) candidate for the Nata-Gweta constituency in the 2009 general election, does not know whether, in appointing fourth, fifth, sixth and seventh respondents, first respondent had consulted Bolokwe and Kabozu.

'Further, I noticed that there was a lot of financial mismanagement and lack of accountability. Records were not kept properly and funds were used for activities not budgeted for,' says Majadibodu. He gives the example of P5,000, which, he says, was taken by the first respondent to travel to Kasane for the funeral of the third respondent's mother. He says that the money has thus far not been officially accounted for since no receipts have been submitted despite his persistent requests for the same.

Majadibodu says his predicament is due to his questioning the legitimacy of the board as well as demanding accountability. 'I also advised that the co-opting of the fourth, fifth, sixth and seventh respondents was not in accordance with the Deed of Trustees and it was unnecessary, and that in any case they could not have been appointed by a 'board' whose term had expired,' he avers, 'That the fifth respondent was rewarded (for his stance) to be a member of the 'board' after he promised to be the legal adviser to the first respondent.'

The applicant further says that Maoto was annoyed by his demands. As a result, he got a letter of reprimand, signed by Maoto, and ordering him to apologise for the utterances he had allegedly made at a meeting where, he says, he had asked the board to arrange for elections of a new board.

Subsequently, says Majadibodu, he was called to a disciplinary hearing on February 7 where he refused to participate in the proceedings because, according to him, the people who called him had no authority to run the affairs of the board. This was followed by his dismissal.

Stating that he still wants to work for Tru Man Trust, the applicant prays the High Court to set aside his dismissal, as it is invalid. He further prays to be 'granted costs at attorney client scale and further that the respondents individually pay the costs jointly or severally with the exception of eighth respondent'.The case will be heard at the Francistown High Court on April 1.