Battle for Nafcoc base

Reported longstanding factional fighting and internal squabbles within the provincial executive of the National African Federated Chamber of Commerce and Industry (Nafcoc) in Limpopo have apparently flung it into turmoil. The situation has seemingly reached boiling point with a division of powers and alleged disregard for a court order characterising an ongoing battle for the provincial base seen to be in a state of paralysis.
The current war within the Nafcoc provincial executive seemingly dates back to early 2011, sources within the ranks of the federal structure, functioning as an autonomous body, alluded. Sources within Nafcoc Limpopo ranks squarely place the blame on the shoulders of Sello Kgolane, who is apparently conducting business in the name of Nafcoc Limpopo President as confirmed in a text message sent out ahead of what was referred to as a council meeting scheduled for 15 September. His reported disregard for processes related to the pending court matter was perceived to be in contempt of court, it was learnt. His conduct was simultaneously seen to be causing confusion and sowing further division within Nafcoc Limpopo ranks, a source stressed. “Kgolane has created quite a lot of confusion and he must be stopped,” said the source.
It was pointed out that the court application was brought before the High Court’s North Division Pretoria by Nafcoc Limpopo, Isaac Masekwameng who is recognised as Nafcoc Limpopo Chair by the mother body, Gilbert Mosena who is recognised as his deputy, and five more applicants on 21 April 2011. In the court documents, of which copies were handed to Polokwane Observer, Kgolane is listed as first respondent along with Themba Maluleke and Noah Serage as second and third respondents. According to the sources Maluleke had convened a consultative meeting that was turned into an elective meeting in 2011. Reference was made to a rule nisi being issued that called on all interested parties, and in particular those purportedly elected as executive committee members of Nafcoc Limpopo on 21 April 2011, to show cause why an order should not be made in terms of the purported termination of membership of the respondents taken by the first applicant on 28 April 2011 to be declared void and of no effect.
It further called upon interested persons to show cause why an order should not be made in terms of Nafcoc Limpopo being ordered to convene a meeting of its council in accordance with the provisions of its Constitution, during which reporting on financial affairs of the structure and the election of office bearers at a future date had to be placed on the agenda. According to information it had not happened as yet.
The parties were also called on to show cause why an order should not be made in terms of a meeting to be convened within three months from the date of the final order. The return date of the rule nisi was extended to 25 April this year.
Sources provided proof of an amended court order of 31 July last year in terms of which a rule nisi with return date 25 April this year was issued and called upon those involved to show cause why an order should not be made in terms of declaring the purported election of office bearers, including the three respondents, on 21 April 2011 ultra vires, the then Constitution of the applicant being the Constitution of 2008 and as such being null and void.
Further the three respondents were interdicted from interfering with the day to day activities or running of Nafcoc Limpopo, from appropriating or attempting to appropriate Nafcoc Limpopo assets and/or entering into contracts with third parties while holding themselves out as duly authorised representatives of Nafcoc Limpopo as purportedly elected on 21 April 2011 and from arranging and chairing meetings while holding themselves out as duly elected representatives of Nafcoc Limpopo. Also a moratorium on elections as set forth in a notification by Nafcoc’s national structure dated 18 March 2011 was declared invalid. The purported termination of membership of the three respondents taken on 28 April 2011 was declared void and of no effect. Nafcoc Limpopo was ordered to convene a Council meeting within three months of the date of the final order, during which the reporting on financial affairs and the future election of office bearers had to be placed on the agenda.
When approached for comment, Mase­kwameng referred Polokwane Observer to Mosena, who said they had blocked the hijacking of their work with the court matter, which he expected to be finalised in the beginning of November. He referred to the current office-bearers having been re-elected in 2014, that they continued conducting business as usual and through affiliation with Nafcoc national the structure in Limpopo had permission to use the Nafcoc trademark, which Kgolane did not possess. He denied knowledge of Kgolane convening meetings in the name of Nafcoc Limpopo President, as alleged. It was considered contempt of court, he said. “It is in the interest of all of us that people subject themselves to the rule of law, otherwise we would be a banana republic.” He stressed that Kgolane and his group had to be forced to obey the law.
Kgolane in turn claimed that he was abiding by the court order, stating that it hadn’t been made final yet due to the lawyers for the applicants not previously having had a mandate to act on their behalf, as was the case in April this year. Blaming Masekwameng for delaying the process, he said he intended going back to court next week to have the earlier amended court order enforced and have the matter finalised to compel Masekwameng to make available financial statements and call the meeting. According to Kgolane he was elected in 2012 and his term had already expired, but no meeting had been called to conduct elections.

Story: YOLANDE NEL
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