MOGWERA CURBS ANOTHER SUSPENSION
The embattled president of the Botswana Public Employees Union (BOPEU), Masego Mogwera has thwarted another attempt by her rivals to hold a meeting meant to discuss her possible suspension from the union.
Mogwera, who has been embroiled in a wrestle for control of the union against her first deputy president Olefile Monakwe faces yet another test to her claim to the throne just months ahead of the union’s elective congress in December.
She, alongside her right lieutenant Topias Marenga, on Saturday attained an interim court order, interdicting the union’s purported National Executive Committee (NEC) from convening a special or emergency NEC meeting.
The meeting, which was scheduled following a request by one member Modise Ramaretlwa and acceded to by the NEC, was set for July 10, 2021.
According to documents seen by The Monitor, the NEC meeting was scheduled to discuss whether or not the NEC should exercise its powers under article 47.7 of the constitution and institute disciplinary proceedings against Mogwera and whether or not the NEC should exercise Article 47.4 or its common law powers to suspend her pending the said disciplinary procedures.
According to this document, Mogwera is likely to be charged with acting inconsistent with the purpose and spirit of BOPEU by, without the necessary authority of the NEC instructing Marenga, to author a letter dated June 21, 2021, addressed to Babereki Investments (Pty) Ltd.
Secondly, she is accused of acting inconsistently with the purpose and spirit of BOPEU by withholding the NEC-sanctioned forensic report from the NEC as well as acting without the necessary authority of the NEC, to change the mandate given to ENS Africa, and without communicating such change to the NEC, albeit after the fact.
She is also accused of making statements purporting to be that of the NEC without any authority of NEC. However, Mogwera and Marenga succeeded to get an interdict through an interim order, barring the NEC from convening the purported meeting according to the notice of July 8, 2021, issued by Sedimo.
The interim court order declared said, notice purporting to be from a roundrobin meeting be declared null and void and set aside.
The order also interdicted Sedimo from purporting to be BOPEU’s secretarygeneral and ruled parties who are by law recognized as office bearers of BOPEU are as set out in the Notice issued by the Registrar of Trade Unions dated May 12, 2021.
The court also interdicted Sedimo from obstructing any official of BOPEU as recognized in terms of Section 26 of the Trade Unions and Employers Organizations Act from performing the functions as such, including but limited to access to the BOPEU offices and related matters.
The rule nisi order issued on Saturday which calls upon Sedimo or any party acting through his instructions, to show cause why this order should not be made final, is returnable on August 6, 2021.
The interim order was granted by the Lobatse High Court’s Justice Gaolapelwe Ketlogetswe.