Ex-fencing president drags BNSC to court
Former Botswana Amateur Fencing Society (BAFS) president, Gaolatwe Modongo has taken the sport’s committee and the Botswana National Sport Commission (BNSC) to court, over failure to recognise his leadership. The matter will be heard at the High Court next year March. The three parties appeared before Justice Christopher Gabanagae for a pre-trial on June 24, 2020.
The trial date has been scheduled for March 22 and 23, 2021. But other settlement possibilities are being explored.
Speaking to Mmegi Sport, Modongo said the matter arose after the BNSC refused to recognise a new BAFS committee.
Modongo said the current committee had been voted out through a vote of no confidence, but the BNSC blocked a takeover by a new committee, which he was supposed to lead.
The BNSC paid legal costs for the BAFS, although it was individuals who were sued, Modongo said.
“We are in court to facilitate my taking over office. The current committee fired all subscribed members and created their own,” Modongo said.
In 2017, the BNSC slapped Modongo with a three-year suspension. The suspension barred Modongo from holding any leadership position within sporting codes. But he challenged the issue through his legal representative, arguing, the BNSC chief executive officer (CEO) office does not poses powers “specifically in terms of the BNSC Act of 2014 in that powers vested in your office only extend to dealing with sport associations affiliated to the commission and not to individual members of these associations.”
It was further argued that Modongo, before his suspension, had not been afforded the opportunity to make a presentation before the BNSC.
The court ruled in favour of Modongo as the BNSC lost the matter, which meant the former president’s suspension was null and void. BAFS president, Mandlenkosi Masuku questioned the logic of pursuing a court case at a time sport was under the effects of the coronavirus (COVID-19).
“As for why there are court cases being pursued in a period when the whole sporting fraternity is first trying to survive, then recover from a global pandemic is the bigger question. In a time when everyone, in and outside of sport is pulling together in preparation to face an uncertain future, what benefit is there in court cases,” he wondered.
Masuku said “the law would still be there” even after the pandemic. He added, focus needs to be on sharing stretched resources to do more for the athletes who need everyone’s support, even more than usual in these unprecedented times.
“The term of the current fencing board would end at the next elective annual general meeting. We will communicate further when Botswana’s sporting organisations are cleared to resume official meetings,” Masuku said.