High Court judge Justice Leatile Dambe on Friday postponed Gaborone United (GU) case in which supporters are challenging the legitimacy of the current committee led by Rapula Okaile and the Secretary, City Senne.
The case which has been dragging for a while has been postponed and judgement will be delivered on the 17th March.
Concerned supporters are arguing that the constitution was not properly followed during the elections.
Diole Moletedi and other nine supporters represented by Uyapo Ndadi claim that during the election of the duo, the club constitution article 17.3 was not followed.
The article states that “in order for a member to qualify to hold a position in the executive committee, the member should have the support of 10 members and must be a member of the club for a continuous two years prior to the date of the nomination.”
The concerned members also want the court to declare the club’s Annual General Meeting (AGM) which was held in July 2015, null and void.
The applicants are of the view that the meeting did not form a quorum as per the club’s constitution and therefore proceedings for that meeting be set aside including the new committee led by Chairperson Okaile.
In his responding affidavit, Okaile stated that a motion was put before the members to decide whether the meeting should proceed as per articles 13.3.6 and 13.3.7 of the club’s constitution.
He said it was not the first time the issue of not forming a quorum arose at the club’s AGMs.
He said in such cases the members made resolutions on whether such meetings should proceed or not.
Okaile added that in all those circumstances, the members voted in favour of the meetings to proceed.
He further said if failure to form a quorum rendered the meeting illegal they did not have to vote as any vote would be worthless.
Okaile said the fact that they voted means they recognised that a vote could be taken under those circumstances for the meeting to proceed. “Their preferred candidates were rejected in an open democratic election at the club’s AGM. Some are not even genuine members of the club as they only acquired membership cards prior the elections,” he said
In their responding affidavits, the applicants admit voting but only against the AGM proceedings. They said they did not vote on any other motion and that they only remained at the meeting just to observe what was happening.
Moletedi said they did not file the case because of bitterness as none of them stood for the elections. He denied that some of them are not members of the club as the respondent did not state who among them is not a genuine member.