The Monitor :: BLLAHWU judgment reserved
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BLLAHWU judgment reserved

Justice Godfrey Nthomiwa has reserved judgment in a case in which Botswana Land Boards, Local Authorities and Health Workers Union (BLLAHWU) wants the court to declare that Samuel Kedise is not a member or president of the union.
By Oarabile Mosikare Mon 08 Dec 2014, 15:26 pm (GMT +2)
The Monitor :: BLLAHWU judgment reserved








BLLAHWU and a member Baone Seloka applied for an urgent court interdict to stop Kedise from participating in the affairs of BLLAHWU or entering the union offices, except with prior permission of the secretary general Ketlhalefile Motshegwa.

Also, the applicant wanted the ousted president interdicted from refering to himself as either a member or president of BLLAHWU. The union also wanted Kedise to immediately surrender all property of BLLAHWU that might be in his possession or control.

The union argued that Kedise consequently lost his presidency because his membership of BLLAHWU lapsed when he failed to pay subscription fees for an cumulative period of over three months.

This is in terms of clause 5.4 of the first applicant’s [BLLAHWU] constitution. The applicants’ lawyer, Joseph Akoonyatse, submitted that it is the responsibility of the employee to pay his subscriptions to the union. “The union cannot follow you around,” Akoonyatse

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said. He said Kedise on 22 August, 2014 paid a lump sum into the union account without prior arrangement with the union. “Communication was made to him and he goes behind their back and pays a lump sum.

This was wrong for him to pay when he knew there was an issue. He paid without negotiating with anyone. This is disingenuous.”

He said after the former union president paid P450 in the union bank account, they refunded him the money. “This shows we did not want his money,” he said.

Kedise’s attorney, Obonye Jonas, who said his client did not pay countered this and disclosed that the union deducted from his bank account. Jonas also said BLLAHWU was not allowed in terms of the law to abrogate and reprobate.

“The application must collapse on this score. We pray that the application be dismissed with costs,” submitted Jonas.

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