BOSETU hauls gov't to court
Goitsemodimo Kaelo | Tuesday June 13, 2023 06:00
This comes after Botswana Sectors of Educators Trade Union (BOSETU) took government to court for subjecting Design and Technology teachers to disciplinary action for refusal to do coursework invigilation assessment and supervision.
In current court papers filed at the Francistown High Court on June 1, the union has cited the Attorney General as the respondent representing the Director of Public Service Management.
BOSETU wants the court to order that the respondent is in contempt of the court order/judgment of September 28, 2009, and that the Respondent be ordered to purge their contempt within five days of the order, failure of which the Respondent should appear in court to show course why he/she should not be jailed for contempt of court.
In his Founding Affidavit, BOSETU secretary-general, Tobokani Rari said on or about September 28, 2009, they took a matter a court to seek a declaration that the invigilation and supervision of external examinations do not fall within the ambit of the duties of its members and as such they cannot be compelled to do the said duties.
This followed a directive issued by the Teaching Service Management that the duty to invigilate any examinations offered in the schools inalienably remains the function of the teachers in the institutions unless otherwise instructed by the employer. The judgment was handed in favour of the union with the court declaring that the invigilation and supervision of external examinations do not fall within the ambit of the duties of the teachers. Rari said this would ordinarily put the dispute between the parties to rest.
He said in light of that, it would be wrong to seek to compel their members to do the invigilation and supervision of external examinations and threaten those that choose not to with dismissal from work. Rari said, notwithstanding, the employer has been forcing their members to execute the said duties and those that refused have been and are still subjected to disciplinary action.
“Presently members are facing disciplinary action despite this judgment which states that it is unlawful for the employee to execute BEC duties. The Respondent has ignored all demands from the Applicant and its attorneys to withdraw the disciplinary proceedings and demanding compliance with the court judgment,” Rari said.
He said none of the demands have been “graced with a response by the employer”. Rari also said the court should award punitive costs against the employer for flagrantly disobeying the 2009 court order.