In what seems like never ending controversies at the Botswana Musicians Union (BOMU) the election of its current leadership has been declared null and void.
The judgement was delivered by the court of arbitration on Monday. According to court documents, the allegations against the music body leadership laid by one Phemelo Lesokwane include the fact that the Annual General Meeting (AGM) was unconstitutional.
“No financial report was presented at the AGM as per article 8.7.7 and the committe failed to file annual returns with the registrar of societies in accordance with the societies act,” reads the complaint against the BOMU leadership.
The complaints against the BOMU leadership were also that the delegates that attended the AGM were dubious and suspicious as “none of the people who were alleged to be representatives from the district chapters produced minutes of the district chapters Assembly to prove their legitimacy.”
It was further stated that the “quorum for the AGM collapsed during the meeting because only 21 (instead of 24) out of the 37 people who were in attendance voted contrary to article 8.10 of the constitution. As per the BOMU constitution ,10 district chapters were supposed to be present at the AGM, however only eight chapters were present.”
After going through all the submissions, the council of arbitration was of the view that BOMU and its leadership had shown consistent non compliance with the Registrar of societies order to submit the Annual returns as provided for under section 16 of the societies act.
“Despite being registered in 2000, records show that the society only submitted annual returns in 2005 and in 2007,” reads the analysis by the council.
The council further believes that “the constitution of the AGM of the society shall be held during the second week of July every year and by the second week of August at the latest. However in 2015 AGM was held on September 2016, way out of the provision of the constitution. This is not withstanding the reasons advanced by BOMU and the patron that lack of resources led to the failure by them to convene meetings which were in any case not communicated with the registrar of societies.”
In conclusion the council ruled that the 2017 BOMU AGM was not properly constituted as per the rules. They also ruled that the AGM did not form a qourum.
“The election of the current executive committee is hereby declared invalid and therefore set aside.The council ruled that an interim committee be set up chaired by the patron (Taolo Moshaga) and assisted by three members from the BOMU’s side and three from the applicant’s side to facilitate preparations for the next election.”
The council of arbitration further ruled that BOMU should start complying with societies act and follow its constitution.
Efforts to reach BOMU President Pagson Ntsie were futile at time of going to press.