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BOPEU Acting President Narrates Events Leading To The Declaration Of State Of Emergency

BOPEU 1st Deputy president, Martin Gabobake
BOPEU 1st deputy president, Martin Gabobake, who chaired a chaotic NEC meeting at Cresta lodge on July 28 has narrated in Court papers the events that forced him to declare the State of Emergency.

According to him the meeting started  well with everyone including President Mogwera in attendance as  the General Secretary, Topius Marenga  presented his report in its entirety;

Marenga’s report according to Gabobake was then followed by comments by members on a page by page basis; According to him there were no comments from any of the applicants until they  reached page 7 item number 4.

“It was at this stage that the 3rd Applicant, Zibani Philemon insisted that the president and treasurer general should recuse themselves from the meeting as they were affected by the issue relating to secondment”.

It was at this stage that after the not so palatable engagement that the treasurer general and the President did recuse themselves.

When the President left, she did advice the meeting that in terms of the BOPEU constitution his deputy Martin Gabobake would exercise the powers of the President in terms of the constitution and would chair the meeting. Thereafter the meeting continued under the chairmanship of Martin Gabobake, the  papers continued. “Immediately after the President and the Treasurer General left, the 3rd Applicant Zibani Philemon raised his hand and proposed the suspension of the President and Treasurer General.

I was taken aback as there was no debate that led to the proposal. He insisted that the President, Treasurer General have breached article 53.1 and 53.2 of the constitution of BOPEU.

As I tried to stop him to clarify issues, the said applicant(Zibane) continued to speak and the 5th Applicant, Motswaledi Monaiwa shouted ‘I second the motion’.

I tried to advice the house to cool down at this stage as everybody was speaking uncoordinated.

The meeting was clearly getting out

of control as some people started moving out as the atmosphere was getting ugly at every passing second. 

At one stage the 3rd Applicant stood up and spoke, interrupting Kenneth Matheakgomo from making his contribution. Two members of the committee stood up and this clearly demonstrated that things had gotten out of control.

I therefore exercised my rights as the acting president and invoked clause 30.1 of the constitution to declare a state of emergency. I there and then left and went outside and was followed by other members of the National Executive Committee (NEC).

I am advised by my attorneys of record and verily believe that on a proper construction of clause 30.1, if I form a view as I did in the circumstances of this case that an emergency existed I am entitled to invoke the said clause 30.1. I do confirm that this was done and in pursuance of the BOPEU constitution.

The interpretation sought to be attached to clause 53.1 that when such a decision is taken NEC has to be consulted is flawed in law and a complete misdirection”.

Gabobake also  narrated that  BOPEU constitution does not give anyone else except him  the powers to  act as president and chair NEC meetings, adding that  the decision of the  2nd Deputy President to  purport to  have continued chairing the same NEC meeting after the declaration of State of Emergency  cannot be lawful.

Gabobake also  narrated that  following  his declaration of the state of emergency  him and other members of the NEC left the  boardroom with only ten remaining, adding that  the ten that remained did not form a quorum.




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