RED CROSS TUSSLE COULD RETURN TO COURT
Warring parties at the Botswana Red Cross Society could return to the court following a stalemate in resolving the matter out of court. The two parties being the aspiring office bearers and the society, and its secretary-general are not in agreement in interpreting a Court Order that saw elections being held.
On January 30, Maipelo Mophuting and Nelson Rammala were granted an order to interdict the society’s election of three positions being president, and two vice presidents on the Annual General Assembly agenda until the matter is finalised. The society through secretary-general Kutlwano Mukokomani late last year invited members to express interest in the National Executive Committee, to be elected on January 30, 2021.
The duo was shocked to learn that their names were not on the nominees shortlist eight days prior to the election day prompting them to immediately write letters seeking reasons for their exclusion.
Mophuting on January 27, 2020, received a reply from the Botswana Red Cross Society stating that she had been excluded from the elections on the basis that her submitted membership was for the Kgalagadi Division that constitutes the Kanye branch. According to the documentation of her submission time, the membership depicted was less than two years as an active member.
Through their attorney Craig Mosetlha of Craig Law Consultants the complainants filed two urgent applications to interdict the elections of the positions they wished to contest for pending the resolution of their grievance regarding why they had been excluded.
Both applicants emerged successful with costs and were ordered to apply for review or other relief no later than seven court days from the date of the order.
Despite the court ordering mediation between the parties, there has been a back and forth of exchanging letters by attorneys. Mophuting and Rammala who thought they would now be getting a new date for elections are considering going back to court lamenting contempt of court.
Mosetlha early this Month wrote to Bonolo Itumeleng of Bogopa, Manewe, Tobedza & Co who represents Mukokomani and the Society dismissing claims that his clients were not members of the society. He states in the letter that, as the court ruled, his clients are members and have the right to stand for election.
“Consequently, it will serve no purpose for my clients to prove to yours that they are members of the Botswana Red Cross, since even if your clients may not be so satisfied, the ruling of the court stands and binds your clients to treat my clients as members for purposes of the elections,” reads the letter.
In her response, Itumeleng state that they hold a different interpretation but still want the matter to be settled soon so the elections could go ahead. “To this end, the client is willing to deal with the merits of whether your clients qualify in terms of constitutional requirements. The hope is that we can put this matter to rest, one way or the other, by end of next week,” read her response last week.
Meanwhile, Mukokomani has denied acting in bad faith and said they are waiting for the duo to furnish them with proof of membership. “We met them last week and hope they will furnish us with proof this week so we can then move to merits of their disqualification. We will then demonstrate that they do not meet the criteria to stand for elections, which include that they should have been board members elsewhere, be paid-up members, hold degrees and have no criminal record,” he said.