19 Dec 2016

A judgement in which Botswana Premier League  (BPL) is seeking a joinder in Bennett Mamelodi’ s case would be passed on Valentine’s day.

Mamelodi approached the  Industrial Court after the BPL board suspended him.

His attorney, Dutch Leburu, previously argued that according to the constitution, the BPL did not have the power to suspend the CEO but only the football governing body, Botswana Football Association (BFA), had been bestowed with such powers.

The BPL then applied to be part of the proceedings in Mamelodi’s case together with the BFA.

On Friday (December 16), BPL attorney, Lore Morapedi argued that his client met the requirement to be part of the proceedings for a common law universitas.

He said one of the requirement for an association or an entity to satisfy was that it should have a capacity to contract, adding that his client had capacity given that it was contracted with Mamelodi.

“Therefore, my Lord the first respondent contention that the applicant does not have capacity to contract is self-serving, as he is the same person who has been contracting with third parties on behalf of the applicant.

Now when it suits him today, he says the applicant does not have capacity to contract,” he said.

For his part, Leburu argued that there was need for BPL to draw line between locus standi and interest because one might have an interest but lack locus standi.

He said the BPL did not qualify to be party of the court proceedings adding that recently Mamelodi was re-deployed by the BFA not BPL.

He said if BPL had independent legal existence, how another party with independent legal existence could deploy their employee.

He therefore prayed with the court to dismiss BPL request because they were not an independent body. ENDS