Irregularities in the affidavit filed by Botswana Football Association (BFA) before the Industrial Court has led to the postponement of the case in which Bennett Mamelodi is challenging his suspension by Botswana Premier League board. Arguing that his suspension was not procedural Mamelodi filed an application before the Industrial Court demanding his reinstatement to the position of BPL Chief Executive Officer (CEO).
Mamelodi’s attorney Dutch Leburu questioned the legality of the affidavit brought before court by the defendant, saying the information it contained is aimed at misleading the court. According to Leburu, a certification letter signed by BFA president Tebogo Sebego indicated that the decision to give Rapula Okaile power to attorney was taken by the National Executive Committee (NEC) while the committee never met over the matter.
Leburu said they established that no such meeting ever took place as a result the affidavit should be retracted. Even the defence attorney acceded to this, saying there was no formal meeting of the NEC but only consultation between the president (Sebego) and BFA Secretary General. Leburu argued that according to the BFA constitution the president does not have the powers to give such a decision but the NEC.
He also questioned Okaile’s replying affidavit that he was given the power to attorney by the NEC even though he clearly knew it was not the case. Leburu called for the retraction of both documents. The court ordered the defence team go back and put their house in order before coming before the court. The BFA NEC and BPL board both have to meet and decide on the matter. They have been given until 8 July 2016 to have filed the new affidavit with the court. The hearing will then be heard on 23 August 2016 at 11pm.