THE leadership dispute between two Black Africa (BA) factions has been settled, with the High Court ruling in favour of the Thomas Adams and Lolo Goraseb-led faction.
Two factions were at loggerheads over the club’s constitution which was adopted on 8 July 2023 and the leadership elected thereafter.
In the suit, the Okeri Mbingeneeko and Boni Paulino-led faction was seeking a court interdict against Adam’s faction, which was elected in terms of the club's old constitution.
Judge Herman Oosthuizen dismissed the application based on the evidence presented, stating that neither Paulino nor Mbingeeneko have a legal standing to launch the urgent application on behalf of the club.
He said the club’s constitution of November 2020 is the valid document not the one adopted on 8 July 2023. “The purported July 2023 constitution of the applicant (BA) is invalid and the executive committee or committee members, neither the elected board of directors could validly transact on behalf of the applicant,” ruled Oosthuizen. In court documents, Mbingeneeko and his group stated that the quarrel began after the Namibia Premier League (NPL) was ousted by the Namibia Football Association in 2020, and the expelled NPL was replaced by the Namibia Premier Football League (NPFL).
The NFA then invited all football clubs to join the new NPFL, which was opposed by many, including BA’s executive committee.
Some BA supporters then held a closed-door meeting in Rehoboth, established a new constitution under the name and style of ‘BASC’, and elected some of them and others to the club’s executive committee. Those elected were the late Lucky Richter, Dimbulukeni Nauyoma, Jimmy Julie, Adams, Albert Makabanyane, Jason Gurirab, Dralli Titus, and Ingrid Louis. The group was commonly known as “Rehoboth Black Africa”.
During oral arguments, the group’s lawyer Norman Tjombe said the adoption of the new constitution and the election of the board of directors resulted in the lapsing or termination of the old executive committee of BA and the executive committee of the “Rehoboth BA” took over.
He said the new constitution was adopted because of the existence of the factions that harmed the progress of BA and achieved harmony and progress.
Adams’ faction through their lawyer Logino Goraseb argued that Mbingeneeko lacks the legal standing to represent BA, unlawfully filed the application, and thus the court must dismiss it.
“The deponent (Mbingeneeko and others) cannot come to this court to seek enforcement of rights and privileges obtained in an unlawful and underhand manner,” argued Logino Goraseb.
He said the court must instead interdict and restrain Mbingeneeko and his team from interfering with the affairs of BA, using its assets, name, logo, and brand.
He pleaded with the court to also order the Rehoboth BA to hand over the club’s bank accounts, equipment, and playing gear.
Approached for comment yesterday, Paulino said they will meet today and plan the way forward.
- mamakali@nepc.com.na