Quakeni People's Organisation t/a Inkonjane Community Radio v Task Team of Inkonjane F.M.

• Jurisdiction: South Africa
• Judge: Pakade J
• Judgment Date: 29 May 2008
• Docket Number: 1007/07
• Court: Transkei Division
• Hearing Date: 27 May 2008
• Citation: 2008 JDR 0675 (Tk)

Pakade J:

INTRODUCTION

[1] The issue in this application is whether or not a breakaway group of an association can continue to act, convene general meetings on behalf, conduct elections with a view of changing the board of directors of the association from which it had excised itself or broken away.

BACKGROUND

2008 JDR 0675 p2

Pakade J

[2] The applicant is an association of the people who reside in the local municipalities of Mbizana, Qaukeni, Ntabankulu and Port St Johns within the O. R. Tambo District Municipality. It has a constitution from which it derives its juristic personality to sue and be sued in its own name. It is implicit in the constitution of the applicant that the second and third respondents are its members. The second respondent is the deputy chairperson of the task team, the first respondent herein.

[3] The applicant was formed with a view to uniting the community in the areas mentioned in paragraph [2[ above so that they may be able to own and manage a community radio station as part of improving their lives. It is common cause as not having been disputed by the respondents that the constitution of the applicant was adopted at a special meeting of its members held on 30 October 2006. Inkosi Mwelo Nonkonyana, the deponent to the founding and replying affidavits in this application , became the acting chairperson of the interim board of directors of the Qaukeni People's Organisation , the applicant herein by virtue of having been unanimously elected in that meeting. The applicant established, as it appears herein below, a community radio station known by the trade name of Inkonjane Community Radio. I should, herein below allude to the events which led to the formation of Inkonjane Community Radio in the Region of amaMpondo.

[4] On 7 June 2006 the community mentioned in paragraph [2] above was given a broadcasting licence to operate a community radio station known as Ngqungqushe community radio station for a period of four years. The granting of the broadcasting licence was subject to the conditions, inter alia, that Ngqungqushe Community radio station merges up with Wild Coast FM, its competitor, to establish one entity which

2008 JDR 0675 p3

Pakade J

would be issued with one broadcasting licence on frequency 91.9MHz. The conditions had to be fulfilled within a period of six months from 7 June 2006.

[5] The two radio stations merged in due course and on 4 December 2006 a letter jointly signed by Inkosi M. Nonkonyana as chairperson of Ngqungqushe FM and by Mrs N. Lande as chairperson of the Wild Coast FM was dispatched to the Head of Licencing, Independent Communications Authority of South Africa under the letter heads of "INKONJANE COMMUNITY RADIO". The relevant excerpt of the letter reads as follows:

"We are pleased to advise that all the conditions have now been met in that:-

1.

We have merged with our erstwhile competitor, Wild Coast F.M. and annex hereto marked "1" our constitution duly signed by the leadership of both entities.

2.

The minutes of the meeting whereat the merger was discussed and concluded are annexed hereto marked "2"

3.

The list and cv's of Board of Directors and management that is representative of both parties are annexed hereto marked "3a" and "3b" respectively.

4.

Provision has been made for community participation in the decision making processes, membership and selection and provisioning of programming in our constitution.

……………………………………..".

[6] On 5 April 2007 the applicant was issued with a community sound broadcasting licence on 91.9 MHz valid up to 4 April 2011. One of the conditions of the licence is that its control shall he vested in the Qaukeni

2008 JDR 0675 p4

Pakade J

People's Organisation. One of the technical licence conditions is that the licencee is licensed to operate from a studio located at Zalu Multi –Purpose Community Centre.

FACTS

[7] It was not long after the applicant was up and running that some misunderstanding surfaced concerning its governance. This misunderstanding manifested itself on 4 June 2007 when three members of the...