Mogwera clamps on rivals
Freezes BOPEU’s Standard Chartered Bank account
Botswana Public Employees Union ( BOPEU) President Masego Mogwera has clamped on her rivals as she moved to freeze the unions account at Standard Chartered Bank.
The move by Mogwera comes after the High Court set aside the decision of BOPEU Extra- Ordinary Council and Executive Council meetings that expelled her and others from the union.
High Court Judge Mercy Garekwe ruled in favour of Masego Mogwera, Kgomotso Mokgethi, Tambona Jopi, Clifford Santsudu, Millian Mpofu, Topias Marenga who had taken Olefile Monakwe ( 1st Respondent) and BOPEU ( 2nd Respondent) to court. They were challenging a decision taken at the union’s Special Congress in November 2019 and a Central Executive Committee meeting in December 2019 where they were expelled from office. The Applicants have argued that the two gatherings were illegal and unlawful. Justice Garekwe ruled in favour of Mogwera and team.
Justice Garekwe had ordered that the proceedings and or decisions of the 2nd Respondent’s Special Congress held on the 29th November 2019 to the 2nd December 2019 and or the Central Executive Committee held from the 3rd to the 6th December 2019 are reviewed and declared null and void and or illegal and or unlawful by reason among others that: the convocation of the meetings aforesaid was done in breach of the BOPEU constitution; the convocation of the meetings aforesaid were convened in breach of the applicable regulatory frame work which governs their convocation including but not limited to the BOPEU constitution, national legislation.
BOPEU has since filed an urgent appeal application for stay of this order and for the appeal to be heard expeditiously. The case will be heard next week Monday.
Following the delivery of Justice Garekwe’s judgement, Mogwera through her attorneys, Monthe Marumo and Company wrote to Standard Chartered Bank seeking to enforce the court judgement and for signatories to be changed. The bank decided to freeze any transactions from the account which is an operational account for the running of affairs of the union.
Standard Chartered Bank Head of Legal Chazha Kgalemang wrote to the union about the matter indicating that the bank has taken a decision to restrict debits from the union’s account until a clear position is communicated by the union.
“Please note that the union has received two judgement granted by High Court relating to meetings held and decisions made by the union on the 27th April 2019, 29th November2nd December 2019 and 3rd December- 6th December 2019. We have further received communication from Monthe Marumo and Company seeking to enforce the judgements and change signing arrangement communicated to the bank by the union,” Kgalemang said in a letter dated 18th May 2021.
According to Kgalemang upon interrogation of the judgements and documents in their possession, the bank realised that details of the meetings and decisions set aside are not clearly set out in the judgement to allow the bank to appropriately act. The legal officer stated that the bank is not conversant with the details of the various litigations therefore, based on the documents presented, the bank is unable to clearly deduce which resolution to appoint signatories is legally valid and enforceable.
“Although the judgements were not served on the bank by the union, the bank has actual knowledge of the court proceedings and therefore mandated to act in the best interest of the client ( BOPEU). To assist the bank to safeguard BOPEU’s interest, kindly and urgently provide confirmation of the union’s governing body, attested to by the president and treasurer and a resolution clearly outlining the authorized signatories of the accounts post the judgements referred to above,” explained Kgalemang.
Contacted for comment BOPEU General Secretary Kaboyaone Sedimo confirmed the developments which he said is unfortunate. Sedimo who could not discuss the matter further as the leadership was dealing with the matter pointed out, that the development will have severe consequences on the operations of the union among others serving the members, creditors and that union staff salaries might be delayed.