-The vanquished leader decries injustice -Monakwe was engaged in protacted legal battle with Mogwera
Botswana Public Employees Union (BOPEU) has taken a decision to attach and auction movable properties on Olefile Monakwe over the P500 000 legal bill.
Monakwe was engaged in a protracted legal battle with President Masego Mogwera for the control of the union. Monakwe and his faction at one point suspended Mogwera and the then General Secretary Topias Marenga and barred them from accessing the union’s properties.
BOPEU intends auctioning property of the vanquished from the last episode of leadership wrangles that were won by the Mogwera axis. Monakwe’s team lost the court battle with costs, now those in office want to recover the costs in a very punitive manner. The union leadership has declined to accept a negotiated settlement plan tabled by the other party.
According to documents seen by this publication Monakwe had through his lawyers, Kanjabanga and Associates written to Mogwera’s lawyers Monthe, Marumo and Company last month requesting to pay P200 000.00 and to settle the balance by instalment.
After the request was declined Monakwe wrote to the National Executive Committee (NEC) for intervention to save is property. He stated in the letter that the NEC should make appropriate considerations concerning the unconstitutional attachment and removal of “my movable property.”
“The attachment and removal are as a result of writs of execution served on me on the 26th and 27th August 2022 respectively, based on the judgements of the Court of Appeal case NO: CACGB-102-21 and High Court Case No: MAHGB-0000948-19 and that of Court of Appeal Case NO: CACGB 0001116/19 and Case High Court Case NO: UAHGB-000119-19.
“The Courts in all the matters awarded against me legal costs amounting to BW P545.000.00. When these matters went for taxation early this year (2022), I pleaded through my Attorney of Record with the BOPEU Attorney
Dutch Leburu of Monthe Marumo and Company for the costs to offset each other as his clients ("BOPEU Members") also had cases which they lost with costs.
Regrettably, my plea was rejected for no apparent reason,” Monakwe said in a letter to general secretary Topias Marenga dated September 22nd 2022.
Furthermore, upon receipt of the writs of execution served on him by the Deputy Sheriff Onkemetse Medupe, he wrote a letter to the Union, requesting to be indemnified in accordance with Article 51 of the Botswana Public Employees Union ("BOPEU") Constitution.
“I must state also that the hostility displayed towards me by the Deputy Sheriff, who later on confirmed to be acting on instruction from attorneys for Mogwera, I have since received a negative response from the union President purporting to be doing so on behalf of the NEC,” he added. According to a notice of attachment by Deputy Sheriff Medupe the properties among others include a motor vehicle -## a Ford Ranger, one Tractor Fiat and one Tractor Ford.
Monakwe was engaged in a protracted legal battle with President Masego Mogwera for the control of the union. Monakwe and his faction at one point suspended Mogwera and the then General Secretary Topias Marenga and barred them from accessing the union’s properties.
BOPEU intends auctioning property of the vanquished from the last episode of leadership wrangles that were won by the Mogwera axis. Monakwe’s team lost the court battle with costs, now those in office want to recover the costs in a very punitive manner. The union leadership has declined to accept a negotiated settlement plan tabled by the other party.
According to documents seen by this publication Monakwe had through his lawyers, Kanjabanga and Associates written to Mogwera’s lawyers Monthe, Marumo and Company last month requesting to pay P200 000.00 and to settle the balance by instalment.
After the request was declined Monakwe wrote to the National Executive Committee (NEC) for intervention to save is property. He stated in the letter that the NEC should make appropriate considerations concerning the unconstitutional attachment and removal of “my movable property.”
“The attachment and removal are as a result of writs of execution served on me on the 26th and 27th August 2022 respectively, based on the judgements of the Court of Appeal case NO: CACGB-102-21 and High Court Case No: MAHGB-0000948-19 and that of Court of Appeal Case NO: CACGB 0001116/19 and Case High Court Case NO: UAHGB-000119-19.
“The Courts in all the matters awarded against me legal costs amounting to BW P545.000.00. When these matters went for taxation early this year (2022), I pleaded through my Attorney of Record with the BOPEU Attorney
Dutch Leburu of Monthe Marumo and Company for the costs to offset each other as his clients ("BOPEU Members") also had cases which they lost with costs.
Regrettably, my plea was rejected for no apparent reason,” Monakwe said in a letter to general secretary Topias Marenga dated September 22nd 2022.
Furthermore, upon receipt of the writs of execution served on him by the Deputy Sheriff Onkemetse Medupe, he wrote a letter to the Union, requesting to be indemnified in accordance with Article 51 of the Botswana Public Employees Union ("BOPEU") Constitution.
“I must state also that the hostility displayed towards me by the Deputy Sheriff, who later on confirmed to be acting on instruction from attorneys for Mogwera, I have since received a negative response from the union President purporting to be doing so on behalf of the NEC,” he added. According to a notice of attachment by Deputy Sheriff Medupe the properties among others include a motor vehicle -## a Ford Ranger, one Tractor Fiat and one Tractor Ford.
