Judge orders reporters, registrar to talk

OARABILE MOSIKARE
Correspondent | Tuesday August 7, 2007 00:00

The 16 court reporters employed by the Administration of Justice have instituted legal proceedings against the government over unfair progression within their department.
The court reporters, who work in various magistrates' courts in Botswana, had given the Registrar and Master of the High Court an ultimatum: consider us for progression or face legal action.

Upon hearing attorney Morgan Moseki of MCM Moseki Attorneys, representing Lilian Nche and 15 others, and state counsel Tshedukani Elijah for the respondent, Justice Modiri Letsididi also ordered the applicants' attorney and the respondent to convene a meeting for the purpose of negotiations within two weeks of the date of the order, August 3.
'Failing which the applicants shall be at liberty to set the matter down for hearing. The respondent shall pay to the applicants today's wasted costs in the sum of P880 inclusive of VAT,' Justice Letsididi ruled.

Surprisingly, on July 6, Elijah filed a notice of opposition to the applicants' notice of motion. On July 23, the respondents took a U-turn and wrote to Moseki, saying they had not filed answering affidavits and would not be able to do so in time.

'We request that you kindly indulge us as our client is still considering with a view to finding possible solution to the matter if any. We, however, wish to state that this letter is not admission of liability.' 

On August 2, Elijah forwarded to Moseki a letter 'without prejudice' stating that it was apparent that they had not yet filed an answering affidavit.

He stated that his client had been seeking ways of having this matter resolved out of court and wished to open negotiations with litigants to explore possibilities of settlement. Elijah cautioned the applicants that this was an administrative matter which the courts may not be in a position to resolve. He said that courts could not order promotions or create posts.

'We therefore, without prejudice to our stand, invite you for a meeting to discuss the matter and explore possible solutions to it. Please if you are amenable to this option, let us know and suggest a suitable date for the meeting,' the respondents said in the letter.
Moseki has also told this publication that if an agreement is not reached,  'I would not have any option but to set the matter down for hearing as Justice Letsididi has ordered.'