This comes after he launched an unsuccessful application against BOSETU president, Winston Radikolo, as the boardroom tussle at the trade union reached court last week. Tsiane had taken Radikolo to court seeking an interdict against the latter's decision to review a conclusion on the union's National Executive Committee (NATEX), which allocated members different board sitting portfolios to the union's various subsidiaries and entities. His application couldn't make it past the first hurdle as the Lobatse High Court judge, Dr Ookeditse Maphakwane, shot it down without consideration of the merits. In his ruling on Friday, Justice Maphakwane said Tsiane has no interest in launching the proceedings on behalf of the NATEX but seeks to represent it in an imposter fashion without their expressed authority. Maphakwane said Tsiane failed to establish that he has a direct interest in the outcome of the application other than to speak for NATEX, without exhibiting the authority to do so. "It is trite that for the party claiming locus standi to allegedly and prove it as the onus of establishing same equally rests with that party.
"The applicant has therefore failed to establish locus standi on his behalf and on behalf of the NATEX acting in his representative capacity as purported the averments of his affidavit," reads the part of Justice Maphakwane's judgment. The judge said Tsiane needed a resolution from the NATEX to prove that he launched the application as its representative. Furthermore, the judge said the applicant has also failed to direct the court to any provision of the union's constitution that provides that by being the VP, he was automatically to act in a representative capacity and launch any desired legal proceedings on behalf of the NATEX or union members. Additionally, the court found that Tsiane's failure to join the newly appointed directors and trustees to the union's subsidiaries was irregular. "This is a serious irregularity as all the directors, trustees, and their designated subsidiaries are interested parties who would obviously be affected by a court order that nullifies or interdicts their appointment," the judge reasoned. The judge explained that the consequence of a non-joinder in urgent applications is for the matter to be struck off the roll or a joinder to be ordered by the court. However, in this case, he expressed that the non-joinder is compounded by the lack of locus standi by the applicant.
"The resultant effect of lack of locus standi is the dismissal of the application which shall inevitably apply," the judge said in his ruling. There has been no peace within BOSETU since its August elective congress, which was held in Palapye, as two factions, one led by union president, Radikolo and another by Tsiane started fighting for control of the union. It is said that the infighting is tearing the union apart and has left its operations paralysed. In this current matter, the union leaders are fighting over the appointment of NATEX members to the boards of the union's various subsidiaries and entities.
