Wednesday, July 6, 2022

Karate association sued

Botswana Seokokai Karate Do Federation has filed a law suit before Lobatse High Court judge Michael Leburu against the Botswana Karate Association (BOKA) demanding an order reviewing and declaring that BOKA’s decision nullifying its membership is wrongful , invalid and of no force and effect.

An order was handed down reviewing and setting aside the decision of BOKA in terminating or nullifying its membership as both wrongful and unlawful and an order directing that it be reinstated to its membership with BOKA and be entitled to all legal privileges and participation rights of a bona fide as well as costs of the suit.

A brief background of the suit, according to the law suit prepared by Gaborone lawyer, Ookeditse Maphakawane, is that, Botswana Seokokai Karate Do Federation was known as Ryushin Kan International Botswana and was during all that time since its registration in 1999 up to 23 May 2013 when it received membership nullification from BOKA.

Change of name was accordingly done with Registrar of Societies on 10 of April , 2013. Prior to its change of name, it was internationally affiliated to Ryuashin Kan International Africa but that following its change of name it became affiliated to Shito Ryu Seikokai International but the changes of affiliations have not changed its practiced karate style of shito ÔÇôryu style, which is currently practiced by other federations led by BOKA president and its vice president.

Further that following its procedurally and legally sanctioned change of name by the Registrar of Societies from its predecessor, Ryushin-Kan International Botswana Karate, the club has since had its membership with BOKA nullified on erroneous and ill informed basis that changing affiliation from one karate international body to another meant that the club was practicing a new school of karate hence nullifying its membership and being required to reapply.

The matter, it further states, was made clear by a letter to the club written by BOKA Secretary General on 23 of May which, amongst other things, stated that: “The club is informed that your club is practicing a new school of karate hence nullifies your membership with BOKA….”

The law suit states that its nullification of membership is null and void because, amongst other reasons, article 5 of BOKA ‘s constitution which deals with membership termination has no provision sanctioning termination on account of change of name of affiliate and rightly so because the mere change of name with the retention of same karate style as client did has no adverse effect on affiliation fulfillment.

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