Vol.21 No.122

Wednesday 11 August 2004    

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News
Teacher graduates take govt to court

LEKOPANYE MOOKETSI
8/10/2004 11:12:34 PM (GMT +2)

THIRTY-THREE graduates of the colleges of education in Tonota and Molepolole, who graduated earlier this year and have not been employed by the ministry of education, have taken government to court. The applicants want the High Court to review and set aside as “unlawful” and “unconstitutional”, the decision taken by the director of teaching service management (TSM) not to employ them as teachers.


In his affidavit, one of the applicants, Onalethata Phiri, said while sitting for the final examinations last year, they heard a Radio Botswana announcement, saying that unlike their predecessors, they would have to look for work on their own. They learnt that the old system of automatic employment had been abruptly stopped.

Phiri said the Molepolole College of Education (MCE) students’ representative council (SRC) invited the department of TSM to campus to explain the change in the system.

He said the TSM officials confirmed to the students that they were not going to be automatically employed as temporary teachers in January, as had been the practice.

However, he said, the officials assured the students that they would be automatically employed on successful completion of their course and once their results had been published in March.

Phiri said that after the results came out, MCE and TCE graduates were invited to collect letters of appointment, except those who were studying Social Studies and Science.

He said no reasons were given for excluding Science and Social Studies graduates.

He said they inquired why they had been excluded and were told that they could not be automatically employed since Science and Social studies subjects at junior secondary schools had an over-supply of teachers. Phiri said they were told that only 10 vacancies were available for Science and Social Studies teachers.

He said students were not consulted when the decision was taken arguing that if students had been consulted, they could have made their own presentations. “It is my opinion, that a decision is taken without a hearing is a violation of one of the rules of natural justice. Since the old recruitment system was followed for a considerable length of time by the TSM, it was reasonably expected to be followed even in our case,” he said.

Phiri further takes issue with the decision that graduates could not be employed on the basis of minor subjects they were studying. “To suggest that we can’t be employed on the basis of our minor subject is unrealistic. It is my view that the refusal to consider us on the basis of our minor subjects is both grossly unreasonable and irrational, in that it is based on irrelevant considerations. Whilst it is alleged that we could not be employed on the basis of our minor subjects, there exist pre-2003 and 2004 graduates who were employed on the basis of their minor subjects. There are many teachers who are employed on the basis of their minor subjects,” he said.

Phiri said there was also ample evidence that University of Botswana (UB) graduates continue to be recruited at junior secondary schools to teach subjects they did not specialise in. He said there were some UB Chemistry graduates who were teaching Integrated Science at junior secondary schools. “This subject can be competently taught by a Science graduate from MCE or TCE. It is therefore incumbent upon the director of TSM to create space for us by posting UB graduates to senior secondary schools where they can teach their areas of speciality,” he said.

The Attorney General’s Chambers has indicated that it will oppose the application.

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