- The ousted board had in October last year removed their predecessor from office through a motion of no confidence
- They were also ousted in March this year through the same process
- Their efforts to challenge their removal fails as the High Court upholds the decision
- High Court ordered them to vacate office and surrender the letters of authority
The Okavango Kopano Mokoro Community Trust (OKMCT) former board of trustees has once again been left with egg on their face after the Maun High Court this past Tuesday upheld their removal from office by residents of the trust’s affiliated settlements.
This was exactly the same process they had used to remove their predecessor from office on 28th October 2024 – the applicants removed the trustees who were voted into office in September 2022 through a motion of no confidence.
The applicants being Kenalemodisa Mosepele, Lekopanye Mokobela, Gontlekgosi Kwelo, Kesotlegile Thuso, Onalenna Kaote, Kegolotswe Mopalo, Kamogo Tholego, Lebani Chombo, Ineed Kehemetswe and Othusitse Jentlolo were issued with letters of authority by the Master on 20 December 2024.
They formed the interim board of trustees and in terms of the Deed governing the trust, they were to serve the remaining tenure of the original trustees. Their tenure was supposed to end around September 2025.
However, on 17 March 2025, the applicants were removed as trustees of the OKMCT through a motion of no confidence passed against them by members of the trust at a special general meeting held at Boro kgotla.
Following their ousting, the applicants former board members of the trust whilst awaiting issuance of letters of authority from the Master of the High Court, contested their removal arguing that their ousting was procedurally flawed.
The applicants on the 21st of March, 2025 launched an urgent application with the Maun High Court in which they sought among other things the decision taken on March 17th removing them as trustees of the Trust be suspended.
However, when delivering his ruling on May 20, 2025, the Maun High Court Justice Godfrey Nthomiwa affirmed that the ousted trustees were lawfully dismissed following resolutions passed during the trust’s Special General Meeting (SGM) on 17 March 2025.
“The question is whether the meeting that ousted the applicants was properly held; whether the Applicants were served with notices of the meeting as prescribed the Act and finally whether the Master can be interdicted in the process of performing the functions of his/her office i.e issuing letters of authority?” questioned Nthomiwa.
In his conclusion, the judge ordered that the applicants having been voted out through a vote of no confidence should vacate office and surrender the letters of authority to the Master as required by law. Justice Nthomiwa noted that the trust’s constitution and governance structures provided for such a process, and the community had acted within its rights.
“The resolutions taken at a meeting held pursuant to inter alia clauses 11 and 21 of the 1st applicant’s deed of trust held on 17th March 2025 and communicated to the applicants on 19 March 2025 (the special general meeting) removing the 2nd to 12th applicants a trustees of the 1st applicant are hereby confirmed,” he said.
Meanwhile, OKMCT Chairperson, Boitumelo Samoxhose expressed relief following the court’s ruling, noting that the judgment brings much-needed clarity and allows the newly confirmed board to finally resume its duties.
She shared that the community had been struggling in the absence of trust support and that operations had stalled, leaving beneficiaries without the assistance they rely on.
“We’re honestly relieved that the matter has been finalized since the community has been struggling without access to essential services we usually provide—like water supply, transport, and assistance with funeral arrangements for bereaved families. Now that we’ve been confirmed, we’re ready to resume those duties and restore the support the people have been missing,” she said.
