• CoA rules Interim Committee has no right to hold event
Initially slated for 26 January only to be cancelled after a last-minute interdiction from the courts, the future of the Botswana Musicians Union (BOMU) Awards has been plunged into further uncertainty.
This comes after Friday’s Court of Appeal (CoA) ruling, which states that BOMU’s Interim Committee has no rights to host the Awards.
The court noted that the urgent application was filed at 1am on 26 January – just 19 hours before the awards were due to be held.
The Interim Committee, which was nominated by the arbitration council, was led by Taolo Moshaga and they had sought the appeals court on the basis BOMU would suffer financial losses if the Awards were not held as scheduled.
The court noted that a dispute between opposing factions within BOMU arose as a result of the Annual General Meeting (AGM) not being held in accordance with the union’s constitution.
“Acrimony amongst the opposing factions continued while the Interim Committee carried on its work. In the early part of January the respondent became aware that the second appellant (Moshaga) intended to cause the 2019 music awards to be held on 26th January.
“They engaged the applicant but the applicant insisted on proceeding, notwithstanding the respondent’s specific protest that the Interim Committee’s function, as dictated by the arbitral award, did not extend to holding the Awards,” reads the judgment, which further states that the powers of the Interim Committee are circumscribed and do not extend beyond what is provided in the arbitral awards.
“The interim committee therefore had no authority to hold the Awards,” concludes the CoA judgment.
Whilst efforts to reach Moshaga proved futile at the time of going to press, there is still no word on when the AGM will be held.
As things stand there will be no BOMU Awards unless the elective AGM is held according to the constitution and a proper and legal executive committee is chosen.