News / Local
Bosso member threatens court action
28 Feb 2021 at 03:47hrs | Views
A CONCERNED Highlanders Football Club life member, Cornelius Ngwazana has written to the club demanding that the decision taken by the Bosso board to extend the term of office for three executive committee members be reversed.
In a letter written by his lawyers, Dube and Associates dated 25 February 2021, Ngwazana, a Highlanders life member since 1998 is challenging the extending of the term of office for the chairman, secretary and committee member. Ngwazana has described the action by the Highlanders board as having no legal force. His contention is that the Highlanders board does not have the powers to extend the term of office for the three executive committee members.
"Our client instructs us that the terms office of the three members expired on 31 January 2021. He advises that despite being a life member of the club, the board has not advised him of its decision and the legal basis to extend the aforesaid terms of office indefinitely. He further instructs that if indeed such a decision has been taken then the board has arrogated to itself powers and authority it does not have in this regard,'' reads part of Ngwazana's letter.
Ngwazane points to article 10.3 of the Highlanders constitution which reads "When so elected Executive Committee Members shall hold office for a period of three years (3) after which they will automatically lose their positions.
Provided that an outgoing Executive Committee Member shall have the right to seek re-election for at least 1 or more 3-year terms in any position after which he shall not be eligible for re-election until after the expiration of a period of 10 years when he shall once again be entitled to contest any position."
As a bona fide Highlanders member, Ngwazane argues that he has a legal right to be led by executive committee members elected by members in terms of the club's constitution. "The board acted ultra vires the constitution when it extended the expired terms, as nowhere in the club's constitution is the board reposed with the power to elect executive committee members or to extend expired terms. The actions of the board are therefore illegal and it follows that the actions and decisions taken by those executive committee members are not only illegal but a nullity as well,'' contends Ngwazana.
The aggrieved Highlanders member has given Bosso seven days from the day the letter was delivered to the club's offices to reverse the board's decision.
"It is our client's right and that of all other bona fide members of the club to demand the restoration of lawfulness and constitutionality in the administration of the club. We are therefore instructed to hereby demand that the board forthwith, and in any event, not more than seven days from the date of this letter, reverse the decision complained of in order to restore constitutionality and lawfulness in the administration of the affairs of the club,'' reads the demand to Highlanders.
Ngwazana is optimistic that the matter will be resolved harmoniously without any further legal action.
"We sincerely hope that it shall not be necessary for us to resort to legal action in order to protect our client's interest and that this issue will be quietly and amicable resolved,'' concluded the letter to Highlanders.
Ndumiso Gumede, the Highlanders president to whom the correspondence was addressed yesterday said he was yet to get the communication from Ngwazana's lawyers. The letter, whose electronic copy was availed to this publication was however, stamped as received at the Highlanders offices last Thursday.
In January, the Highlanders board announced that the current executive committee will continue until elections are held. This means that chairman Kenneth Mhlophe, secretary Israel Moyo and committee member Wisdom Mabhena, whose terms have ended in terms of the Highlanders constitution are still in their positions while the club waits for elections. Vice-chairman Modern Ngwenya and treasurer Donald Ndebele have their terms of office expiring next year. The elections and annual general meeting were postponed because of the Covid-19 lockdown restrictions.
In a letter written by his lawyers, Dube and Associates dated 25 February 2021, Ngwazana, a Highlanders life member since 1998 is challenging the extending of the term of office for the chairman, secretary and committee member. Ngwazana has described the action by the Highlanders board as having no legal force. His contention is that the Highlanders board does not have the powers to extend the term of office for the three executive committee members.
"Our client instructs us that the terms office of the three members expired on 31 January 2021. He advises that despite being a life member of the club, the board has not advised him of its decision and the legal basis to extend the aforesaid terms of office indefinitely. He further instructs that if indeed such a decision has been taken then the board has arrogated to itself powers and authority it does not have in this regard,'' reads part of Ngwazana's letter.
Ngwazane points to article 10.3 of the Highlanders constitution which reads "When so elected Executive Committee Members shall hold office for a period of three years (3) after which they will automatically lose their positions.
Provided that an outgoing Executive Committee Member shall have the right to seek re-election for at least 1 or more 3-year terms in any position after which he shall not be eligible for re-election until after the expiration of a period of 10 years when he shall once again be entitled to contest any position."
As a bona fide Highlanders member, Ngwazane argues that he has a legal right to be led by executive committee members elected by members in terms of the club's constitution. "The board acted ultra vires the constitution when it extended the expired terms, as nowhere in the club's constitution is the board reposed with the power to elect executive committee members or to extend expired terms. The actions of the board are therefore illegal and it follows that the actions and decisions taken by those executive committee members are not only illegal but a nullity as well,'' contends Ngwazana.
The aggrieved Highlanders member has given Bosso seven days from the day the letter was delivered to the club's offices to reverse the board's decision.
"It is our client's right and that of all other bona fide members of the club to demand the restoration of lawfulness and constitutionality in the administration of the club. We are therefore instructed to hereby demand that the board forthwith, and in any event, not more than seven days from the date of this letter, reverse the decision complained of in order to restore constitutionality and lawfulness in the administration of the affairs of the club,'' reads the demand to Highlanders.
Ngwazana is optimistic that the matter will be resolved harmoniously without any further legal action.
"We sincerely hope that it shall not be necessary for us to resort to legal action in order to protect our client's interest and that this issue will be quietly and amicable resolved,'' concluded the letter to Highlanders.
Ndumiso Gumede, the Highlanders president to whom the correspondence was addressed yesterday said he was yet to get the communication from Ngwazana's lawyers. The letter, whose electronic copy was availed to this publication was however, stamped as received at the Highlanders offices last Thursday.
In January, the Highlanders board announced that the current executive committee will continue until elections are held. This means that chairman Kenneth Mhlophe, secretary Israel Moyo and committee member Wisdom Mabhena, whose terms have ended in terms of the Highlanders constitution are still in their positions while the club waits for elections. Vice-chairman Modern Ngwenya and treasurer Donald Ndebele have their terms of office expiring next year. The elections and annual general meeting were postponed because of the Covid-19 lockdown restrictions.
Source - sundaynews
