Addressing the factions’ attorneys on Thursday at a status hearing, Justice Gaongalelwe said while he could not issue an interim order to urge the other party to stay its actions of removing Masego Mogwera and company from the directorship of Babereki Investments due to the fact that there is no application for such, common sense however dictates that such an action should not go ahead in the meantime, otherwise the appeal scheduled for January 7, 2021 as an expedited matter will not have served its purpose.
Gaongalelwe however said he trusted the two attorneys handling the matter to discuss this between themselves and manage the actions of their clients in the circumstances. Attorney Dutch Leburu had initially approached the Court of Appeal with a plea for interim order to stay the actions of the other party which had started the process to effect change in the composition of the board of Babereki Investments, specifically removing Mogwera and other directors. Gaongalelwe however said he found it confusing that the High Court could issue stay orders without an interim order, saying as it is, the stay issued by Justice Jennifer Dube appears final. On the other hand, attorney Tshiamo Rantao, representing BOPEU as shareholders at Babereki Investments had argued that the plea for interim order by the other party was bound to fail as it was not brought to Court by way of affidavit. Rantao said the Mogwera party now only had the expedited appeal to push, but added that even then, when that time comes his party will oppose the appeal, as well as bring a counter application requesting that instead of hearing this latest appeal, the Court rather expedite hearing appeal of the main case from which several interlocutory applications and many orders had been given by various Courts including the latest matter.
