Mogwera escapes another suspension by a whisker
Justice Ketlogetswe interdict an NEC meeting noticed to suspend Mogwera pending disciplinary hearing NEC member challenges President Mogwera’s conduct in the affairs of the union
President of Botswana Public Employees Union ( BOPEU) Masego Mogwera has survived another plot to suspend her from the union by a whisker after Lobatse High Court Judge Gaolapelwe Ketlogetswe caused through an interim interdict, the cancellation of a meeting of the National Executive Committee ( NEC) which was to be held on Saturday the 10th July 2021.
The meeting was called at the instance of a request for a Special/ Emergency NEC by Modisa Ramaretlwa who is NEC member and BOPEU’s Statistics Botswana Regional chairperson.
In his capacity as a member of the NEC, Ramaretlwa requested for the meeting whereupon Mogwera would be suspended pending investigations and disciplinary proceedings against her conduct.
Justice Ketlogetswe issued a rule nisi in favour of Mogwera and General Secretary Topias Marenga, calling upon Kaboyaone Sedimo or any party acting through him and/ or on his instructions, or instructing him, to show cause on the 6th August 2021 or soon thereafter as counsel may be heard, why a final order will not be made that the case is not treated on urgency; the meeting scheduled to be convened on the 10th of July 2021 at Travel Lodge or any other location found to be available in Gaborone at the instance of Sedimo and pursuant to the notice issued on the 8th July 2021 be cancelled; the notice disseminated by Sedimo purporting to be from a round robin meeting be declared null and void and set aside and Sedimo be interdicted and/ or restrained from purporting to be General Secretary of BOPEU; and Sedimo be interdicted and/ or restrained from obstructing any official of BOPEU as recognised in terms of Section 26 of the Trade Unions and Employers Organisations Act from performing their functions as such, including but not limited to access to the BOPEU offices.
Ramaretlwa said in the request letter that it has come to his attention that Mogwera as President and Marenga made a statement relating to the affairs of the union.
He said according to the union Constitution, only the NEC is authorised to make correspondences with external organisations.
“It is my submission that President Masego Mogwera acted outside her purported powers by purporting to make statements on behalf of BOPEU regarding the state of affairs of the union.
“It is also my submission that the president conducted herself in a manner that is inconsistent with the purposes and spirit or objects of the union in colluding and or scheming with Mr Topias Marenga to issue the said statement without the express knowledge and or sanction by the NEC”, said Ramaretlwa in his permeable to charge 1.
He said in his permeable to charge 2 that it has come to his attention that a certain letter was authored by one Topias Marenga to the Chief Executive Officer of Babereki Investments ( Pty) Ltd where he advised for the transfer of all subscriptions of BOPEU to Banc ABC at the Airport Junction Branch.
He pointed out that BI is wholly owned by BOPEU but is not an organ of the union.
“In essence it is a body corporate with full legal capacities. It would then be correct to assume and conclude that for such a transaction the NEC would have to be the body to communicate with Babereki Investments ( Pty) Ltd that money be transferred to a new account held with Banc ABC, such communication would be done through a resolution of the NEC”.
Ramaretlwa on permeable to charge 3 accused Mogwera of withholding a forensic audit report from the NEC. He proposed for the agenda of the emergency meeting that Mogwera be suspended pending disciplinary hearing for among others: acting inconsistent with the purpose and spirit of BOPEU by without authority of the NEC instructing Topias Marenga to author the letter addressed to BI; acting inconsistent with the purpose and spirit of BOPEU by withholding the NEC sanctioned forensic report from the NEC; and acting inconsistent with the purpose and spirit of BOPEU, by without the necessary authority of the NEC, making the statements purporting to be that of the NEC.