30/04/2019
Open letter to Judge JJ Mhlambi from Bloemfontein High court.
To Judge JJ Mhlambi: Your Excellency, I write to this open letter to you to express my frustration at manner in which your judgement of the 6th December 2018 of QwaQwa radio.
Yesterday was watching the interview of Chief Justice Mogoeng Mogoeng on eNCA reflecting on state of the judiciary as the country entered it 25th anniversary of the post apartheid dispensation. He said and I qoute" I think it would take a very weak and corrupt judge or magistrate to be captured "
Last year on the 6th December 2018 when you released the judgement between QwaQwa radio and connected politician&tenderprenuer person who call him permanent chairperson of QwaQwa radio Mr Mei George Salemane and the judgement was in favor of him. I started to be worried and very concern about our judiciary and that gave me the idea that I must be a politician or have money so the judiciary system can be fair to me.
Honourable Judge JJ Mhlambi you don't know the pain you brought to the people of Thabo Mofutsanyana district particular Maluti A Phofung. On 14 July 2018 the community took the decision of saving their community radio station QwaQwa radio after received the noncompliance report from Icasa trying to safe the their radio station from this delinquent chairperson.
You know after going through your judgement I asked my self that how does come about! I started to fall in love with law and am looking to persuade my studies for LLB so I can help the poor people of South Africa. I asked my self that is a fraud legal in South Africa? Our justice system protect only rich people and politicians? What about poor community like us in rural areas? Those are the questions I asked after going through your judgement and case file.
My self and other community members including some business people who love the radio station,we gave us task to go to Bloemfontein high court and go through thoroughly the court files. All we saw there in the responded file of Mr Mei George Salemane was pure fraud and lies. Again I asked my self that the honourable Judge did he go through this files and read the merits of this case or what? If it was possible I so wish to sit down with you and ask you some of questions Mr Judge.
After seen that the content of your judgement is wrong and GI through case file and see that the are fraud and lies we as community we decided to donate and apply leave to appeal on this case.
Honourable Judge JJ Mhlambi in your judgement you said: It is declared that the Special General meeting which was held on 14 July 2018 at Phuthaditjhaba Multi purpose hall did not constitute a special general meeting convened by or in respect of the affairs of the QwaQwa radio,alternatively the special general meeting declared ultra ures and void. But you misdirected the court in granting an order discharging the rule nisi granted on 7th September 2018 without considering article 6.1.8 of constitution which state that, " The AGM shall elect board of directors after every four years." Term of the office of Mr Mei George Salemane who called him self a permanent board chairperson of QwaQwa radio end 1 March 2017.
Board of directors of Mr Mei George Salemane failed to hold its Annual General Meetings(AGMs) in terms of article 6.1.3 of QwaQwa radio constitution ;which state that "It shall be held once in each calendar year within the period months from the end of financial year and such venue ,time and place decided upon by the board of directors.
According to me and community of Maluti A phofung special general meeting that called by community on the 14th July 2018 at Phuthaditjhaba multi purpose hall it was correct because QwaQwa community radio station belong to the community and Mr Mei George Salemane have failed in meeting out their duties in terms of the article 6.1.3 and 6.1.8 of QwaQwa radio and further in particular article 6.2.8 state;" The interim board shall function as board until the next elective AGM and its members my campaign for nomination in the elections for new board of directors."
Judge didn't taking into account that by the 01 March 2017 ,Mr Mei George Salemane board by operation of law were unlawfully remaining in the office in accordance with the provisions of QwaQwa radio constitution, which clearly and concisely states in article 6.1.8 that "The AGM shall elect board of directors after every four years." Mr Mei George Salemane failed to abide to this constitutional requirements which necessitated the Special General meeting of the 14th July 2018 in terms of which the community took valid decisions.
On your judgement again you said , The first responded ,alternatively the respondents in their capacities as members the board of directors of the applicant, are directed to take any or all steps necessary to convene an elective AGM and Mr Sello Patrick Lebeko and Ms Mathulo Jane Mofokeng ,is declared not to have been lawfully dissolved and remains in office until the appointment of a new board members.
I was shocked when I see that Judge JJ Mhlambi because through the ICASA noncompliance report ,case files of this case in history of QwaQwa radio those people they never serve or opted in as board of QwaQwa radio talking about Mr Lebeko and Ms Mofokeng. If you read thoroughly the merit of this case you will realized that was a security guard Mr Motaung according to the case file Mr Mei George Salemane said Mr Motaung was a Secretary of the board after Mr Motaung opened fraud case against him on your judgement Mr Motaung he is no longer appeared to be part of those ghost board member who were ordered to convene elective AGM. Ms Phindile Radebe resigned long time but Mr Mei George Salemane fraudulently use name and fake Ms Radebe signature,cell phone number even physical address of her and she also open case of fraud against him nothing happened. Why Mr Judge? Fraud,Corruption is our justice system allow it? I have many questions for you. Is how poor South Africans communities should be treated after 25 years of Democracy!
Mr Mei George Salemane said it loud and clear that he is very connected and he is untouchable we didn't believed him because I have trust on our justice system but after your judgement I lost trust on our justice system in South Africa especially in Bloemfontein high court. Even now he said loud and clear that our leave to appeal will be dismissed.
Mr Mei George Salemane is the man who been a chairperson of QwaQwa radio from 2009 the man who have connected everywhere where he don't hide that he is connected in ICASA he have connection in ANC high politicians help him. This is a man who get tax payers money but he don't comply with SARS but nothing happened to him. This is the man who get money from Maluti A Phofung local municipality who is under administration who owes Eskom 3 billion but Mr Mei George Salemane he get money every time at municipality.
I humbly put it to you, Judge JJ Mhlambi when making your judgement or decision remember the community of Maluti A Phofung,Thabo Mofutsanyana district how important it is to then to have this community project radio station that is no longer serving its purpose that's only serve Mr Mei George Salemane purpose to use it to enrich him and play his political battles. All these suffering are a violation of the peoples fundamental rights.
This is a humble clarion call to you as a defender of the defenceless. Our people deserve their radio station.
Sincerely,
Mpho Msibi
QwaQwa.
