Mmegi Online :: BOPEU vs BOFEPUSU update: Judge snubs recusal demand
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Monday 24 April 2017, 03:05 am.
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BOPEU vs BOFEPUSU update: Judge snubs recusal demand

The Court of Appeal (CoA) Justice Monametsi Gaongalelwe yesterday refused to recuse himself from the case in which Government and the Botswana Public Employees Union (BOPEU) are appealing a judgement interdicting the three percent salary increment for civil servants for the 2016/ 2017 financial year.
By Innocent Selatlhwa Thu 20 Apr 2017, 09:54 am (GMT +2)
Mmegi Online :: BOPEU vs BOFEPUSU update: Judge snubs recusal demand








Yesterday afternoon, the Botswana Federation of Public Private Parastatal Sector Unions (BOFEPUSU) through Advocate Duma Boko called on Gaongalelwe to step down, saying he was affected by the recent landmark judgement on the appointment of CoA judges.

In that matter, the Manual Workers Union, a member of BOFEPUSU, successfully  challenged President Ian Khama on his appointment of the CoA judges. The Union argued that no Judge should be reappointed after a fixed term.

Boko said the recent judgement had the potential of tainting Gaongalelwe’s partiality.

“A Court has established that there is a constitutional problem. The six months for implementation (of the landmark judgement) means that things are brought in order but the Justices cannot sit. “Your Lordship is involved as an insider and cannot sit in a matter that implicates him directly,” Boko argued.

However, Gaongalelwe dismissed the claims and said the Manual Workers had in fact helped correct

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an error. He thus dismissed any chances of bias in the current matter. 

“The judgement does not state that the Judges cannot sit in this period. The matter also was not personal. There is no bias,” he said, in dismissing the application. Gaongalelwe said he would provide more reasons later.

Meanwhile BOPEU attorney, Dutch Leburu pleaded with the Court to allow Union members to continue benefitting from the three percent increment, as its reversal would affect their daily lives.

He argued that the members would be adversely affected in their taxes, medical aid membership, pension deductions and other obligations should the three percent be tampered with.  He argued that BOFEPUSU would not suffer any prejudice as their members had never benefited from the three percent increment.

The case continues at the CoA today, with oral arguments expected from BOFEPUSU and the Directorate of Public Service Management (DPSM).

 

 

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