A court application by renegade BOPEU NEC members seeking a Court order to confirm the toppling of president Masego Mogwera and her National Office Bearers is in shaky grounds after it emerged in court papers filed by BOPEU that all the applicants have been suspended and therefore lack authority to bring an application in the name of the organisation.
The court application is brought by 2nd deputy president Matilda Masame, self-proclaimed acting president Philemon Zibane, Mosalagae Tlhako and Motswaledi Monaiwa. In their papers BOPEU reveal that the suspension of the quartet was done following the state of emergency declared by President Mogwera in terms of the constitution and their conduct at the meeting of July 28 and subsequent to that meeting. BOPEU have also moved to struck down claims of the acting presidency by Zibane, saying he does not qualify to be one in terms of the BOPEU constitution.
On one Erona Kolobetso, who appears in the purported new look BOPEU NEC, BOPEU Court papers say she does not qualify to sit in National Office Bearer (NOB) as she does not pass the eligibility test passed under article 25.1.2 of the constitution.
“The said Erona Kolobetso was elected in April 2016 as 2nd Deputy Chairperson for Bahiti Temane region. Her 1st full term in Regional Executive Committee (REC) will all things be equal end in
The said Mosalagae Tlhako was elected as Regional Chairperson for BURS region in February 2016. All things being equal his full term service in REC will end in February 2019, quite clearly his appointment was done in total disregard of the mandatory provisions of the constitution, BOPEU says in the Court papers.
On a certain Emannuel Tlale, BOPEU says he does not meet the eligibility criteria provided for under article 25.1.2 of the constitution as he never completed any one full term in any structure in any regional or national structure as contemplated under clause 25.1.2.
In relation to the 3rd Applicant(Zibane) his appointment as such contravenes clause 184.108.40.206 in so far as it is only the 1st Deputy President who can act in that position, the papers say.