BOSETU members challenge Rari's tenure
Mpho Mokwape | Monday December 20, 2021 06:00
The four members, Tshetsana Motsatsing, Namwaka Shamukuni, Carthage Kenosi and Matthews Masole, have taken Rari, the union president Winston Radikolo, BOSETU and the Registrar of Trade Unions to court seeking a declaratory order amongst others that their actions were fraudulent and therefore, unlawful.
In their court papers before Gaborone High Court judge, Chris Gabanagae, the quartet’s particular of claim is that in 2008 during the union’s congress there was a resolution that the term of office of the SG should be restricted to two.
They explained that following that, in 2013 the union called a special congress for constitutional amendments and review of the approved ones.
“During the congress, it was established that as the SG was presenting, Article 17.3.11, which deals with the term of office for SG had been amended or altered despite the fact that it was not part of the proposed amendments,” read the court papers.
The members said the clause of the 2011 constitution, which was duly registered with the Registrar reads: “That if and when the secretary-general is seconded to the union on a permanent basis, s/he may only serve for two terms of office consecutively”, which restricted the SG’s term in office. The clause was replaced with one that provided for the dissemination of minutes.
According to the members, now clause 17.3.11 reads as, “Promptly disseminate minutes of meetings to members of the union and to the national executive committee,” and was brought to the attention of the SG and resolved that he corrects the article before submitting proposed amendments to the Registrar of Trade Unions.
They pointed out that constitutional amendments are important, sensitive and contentious matters as they involved issues of national importance more so that the union has membership, which spans across the country and that Rari had to be alive to that fact and should have acted as mandated by the congress.
The members accused the SG of deliberately and intentionally altering the constitution without authority or unlawfully, ‘in and faith and did so’ to benefit himself.
“The SG has repeatedly refused, failed or neglected to act in accordance with repeated mandates given at congress to have the matter resolved. Owing to this, the SG is now on his fourth term in office having started his first in 2011,” the members decried.
The quartet said consequently, Rari’s continued tenure as SG violated the original article 17.3.11 of the constitution and was therefore, unlawful.
They explained that in an attempt to have the matter resolved, the plaintiff wrote a letter to the president of the union Radikolo petitioning him to take action in respect of amongst other issues the unauthorised amendment.
“Without providing any evidence the president stated that there was a draft adopted by congress which did not have term limits,” read the papers.
The members are now praying for a declaratory order amongst others that the alteration or amendment of the original wording of the clause was unconstitutional and therefore, null and void.
Declaring and ordering that the clause be rectified to its original wording in the constitution, that the current wording exercised from the constitution and replaced accordingly, that the position of SG be declared vacant and or that the current SG holding of the position is unlawful and therefore, null and void, that the union holds fresh elections for the SG within 21 calendar days.
Meanwhile, in an interview with Rari about the lawsuit, he admitted to have seen the court documents at the BOSETU office and that the BOSETU executive committee met sometime this week and took the decision that they would defend the SG against the lawsuit.
He explained that as a result of that there was not much to comment on except that they are in the process of consulting lawyers to file a notice of opposition.
“I am cited in my official capacity and so are the president of the union, the union and registrar of trade unions so, the accusations mean whatever is alleged we did. It was in our official capacity, therefore, the decision by the executive committee to defend the suit,” he said.
Rari further pointed out that the issue has been lingering for a while and that he was glad that it has reached court as he wants it to be dealt with and decided on legally.
He said even in the last elections he was told not to stand as the law prohibited him from doing so, but he did not listen since there was no legal proof to back that.
“This issue has been up in the air for sometime and I believe it is the right thing that it will be dealt with properly by the courts. I think it’s a good move by the aggrieved parties to seek legal intervention. It will be of great help for the matter to be dealt with once and for all,” he said.