Court orders for reinstatement of deposed BONU president
Tsaone Basimanebotlhe | Monday October 9, 2023 06:00
Judge Gabriel Komboni has upheld with costs an urgent application in which Baleseng challenged his suspension by the central executive committee (CEC) of the union on September 17, 2023.
Justice Komboni declared that the acting presidency of Oreeditse Kelebakgosi was unlawful. He stated that the presidency of BONU is exclusive to Baleseng until the end of his three-year tenure of office.
The respondents Kelebakgosi, secretary-general Lebogang Phillip and BONU were ordered to pay the costs of litigation. As matters stand, Mmegi has learnt that the BONU central committee (CC) has called an urgent meeting on Friday to make a resolution on the matter on whether to appeal or act on the High Court ruling.
Currently, Baleseng has only been added back to BONU CC WhatsApp group after he was removed due to his suspension matter. In an interview Baleseng, who was happy with the court ruling, said; “I still believe that BONU members must call for extraordinary congress to make a resolution regarding their union. Honestly, the CC is divided and nothing is going to work if leaders are fighting.
The only sin that I have committed is implementing resolutions of the annual general conference (AGC). Members have power even to choose new leaders if they cannot trust us all.” Baleseng added he was shocked that even after the court has made a pronouncement, some members of BONU CC, still want to map the way forward on the matter. He said it clearly shows that the fight is far from being over. BONU publicity secretary, Kenosi Mogorosi confirmed that the BONU president has won his case against the union.
“It is true the court has ordered that he should be reinstated to his position with immediate effect. I don’t have much details about the ruling,” he said. Recently, Baleseng said he was shocked by the action of the CC, claiming innocence to the charges against him. BONU president had also pointed out that the other issue disadvantaging his leadership is the sad reality that the new CC has 13 members, five of whom are new. He claimed that he wanted peace with other CC members hence he did not oppose Phillip's issue when he was challenging his suspension matter in court. Early this month, SG Phillip was suspended with immediate effect pending a disciplinary hearing.
He then took the matter to court forcing the organisation to reinstate him. By then, Baleseng wrote to members that the SG would resume his duties without hindrance until the determination of the judicial review application was instituted. His suspension letter read: “You are to refrain from attending any duties at the union offices or any of its affiliates while the investigation continues, you will remain reachable and within the availability of the union and/or its auditors for the duration of the investigation.”
However, when he returned to the office, SG’s faction seemingly retaliated by suspending the president. The centre of the dispute at BONU is the forensic audit which others believe was engaged without proper procedure being followed and it is done to target the previous committee members. The contention by the Phillip team is that the policy tenders for P250,000.00 are dealt with by the tender committee for the forensic audit. But the Baleseng team flawed the rules and advertised it.
Another augment is that they signed it as a two-man show. While, a letter dated September 18, 2023, written to Baleseng read: “It has come to the Central Executive Committee’s (CEC) attention that there are allegations of misconduct against you, as BONU president.
The alleged acts of misconduct include but not limited to abuse of office, unauthorised use of union property (vehicle – plate number: B377BMF) for personal errands without authorisation of the CEC, failure to adhere to and observe principles of democracy and collective responsibility, thereby undermining the interests, business and constitution of the union, failure to prioritise the business of the union by non-attendance to CEC meetings without a reasonable cause, failure to maintain unity within union membership and structures particularly the CEC.”