Court grants Mogwera chance to fight for control of BOPEU'S purse
Monkagedi Gaothobogwe | Wednesday June 16, 2021 12:40
The matter relates to the control of BOPEU's bank account held at Standard chattered Bank. The case resumes on Friday for arguments.
Mogwera threw her hat in the ring after the rival faction had successfully secured a temporary order to force the bank to reopen the bank account and allow the opponents to continue as signatories.
Standard Chattered Bank had suspended the BOPEU bank account in the midst of two rival parties each claiming to be the rightful signatories for transactions.
Mogwera had furnished the bank with newly effected changes at the helm of BOPEU following her victory at Justice Mercy Garekwe's court, which nullified the 2019 BOPEU annual congress and its resolutions or decisions that included the hiring of a new general secretary, the deputy, election of a first deputy president and president, among others.
However, the losing faction didn’t throw in the towel and continued presenting itself at the bank, leading to the bank suspending transactions pending the resolution of the matter.
The bank's action would trigger Monakwe's faction to approach Justice Kebonang at the Broadhurst High Court, ex parte, and successfully securing the order to transact until the return date in July.
After learning of her rivals' decision that they got an order to operate the bank account, Mogwera also rushed to the same judge to oppose the temporary order, arguing that it was fraudulently secured, as well as launching the application for joinder so that she could effectively argue her case.
In his orders, Justice Kebonang said Mogwera would now argue as the second respondent when the matter goes for arguments this coming Friday.
Meanwhile Justice Garekwe's June 4 ruling was in consonant with last November's three judges’ panel ruling, both nullifying the April 2019 NEC meeting and its subsequent resolutions, including the suspensions of Mogwera, general secretary Topias Marenga, as well as nullifying the 2019 BOPEU special congress and its resolutions.