BOSETU suffers yet another loss against Mogapi
Goitsemodimo Kaelo | Monday September 8, 2025 15:51
CoA's Justice Goemekgabo Tebogo-Maruping on Wednesday ruled in Mogapi’s favour in a case in which the latter wanted a stay of execution of a ruling rendered by Judge Galesite Baruti of the Industrial Court on July 3, 2025. Judge Baruti had dismissed Mogapi's application for an interdict impugning a certificate of urgency, the legality and fairness of a disciplinary process he was notified to participate in by the union’s executive director, Uyapo Nkebeto.
Mogapi had sought before Judge Baruti that the notice of disciplinary hearing and charges therein, dated June 3, 2025, scheduling a hearing against him for June 6, 2025, at 9 am, be declared and found to be unlawful and/or wrongful and/or unfair, and set aside. He also wanted Nkebeto or anyone purporting to act on behalf of the union to be interdicted and restrained from taking any steps against him in the furtherance of the process commenced in connection with the notice of disciplinary hearing.
Furthermore, he also wanted Nkebeto or anyone purporting to represent BOSETU to be found and held to be in contempt of the judgment of this Court dated 04 March 2025. The judgment dismissed attempts by the union leadership to suspend him from his post.
In his ruling, Justice Tebogo-Maruping said it was unlawful that Nkebeto assumed the role of instituting an investigation and disciplinary hearing against the applicant when he is not the appointing authority. Tebogo-Maruoing said in this case, the union's secretary general, Tobokani Rari, who is the administrative head, should be the one charged with these responsibilities.
'At common law, the official who has the power to appoint also has the power to suspend and dismiss. It makes sense to me that the Secretary-General (3rd Respondent) was the appropriate official to initiate any disciplinary process against the Applicant. The 1st Respondent's (BOSETU) conditions of service provide for this. If the 3rd Respondent Secretary General has gone rogue in support of an errant general manager (applicant), this is a serious issue which needs to be resolved immediately by the 1st Respondent. It is unfair that the Applicant should be the victim of divided union leadership and suffer the uncertainty regarding the status of his employment,' reads part of Tebogo-Maruping's ruling.
The court further found that the matter was urgent as there was potential irreparable harm or prejudice.
'This is what makes the matter urgent, and this amounts to potential irreparable harm or prejudice. Had the Respondents addressed the legality or otherwise of the 2nd and 3rd Respondents' investigation and disciplinary powers at the appropriate time, this potential irreparable harm or prejudice would have been avoided,' the judge ruled.
Furthermore, the court dismissed the respondent's Attorney, Lesedi Rammika, who only referred to the prejudice that the Respondents' disciplinary process would be undermined by any stay of execution.
'As I see it, the disciplinary process has already been undermined because there is uncertainty over the employment status of the Applicant. Both parties desire clarity on this aspect, and it is unfair that the Applicant suffers from an ambiguity created by the Respondents through the General Conditions of Service and the Grievance and Disciplinary Procedure,' Justice Tebogo-Maruping said.
In the end, the court ruled that the decision of the Industrial Court dated July 3, 2025, be stayed pending the outcome of the appeal filed by the applicant. Additionally, Tebogo-Maruping ordered Mogapi to expeditiously proceed with the process of the settlement of the record for his appeal to be heard in its turn.
The legal battle between Mogapi and the union has been ongoing since February this year over a faceless employees’ letter that made serious allegations such as ill-treatment of employees, corruption, bribery, nepotism, and sexual harassment. The issue is said to be part of an ongoing power struggle within the union, which started last year after the party's elective congress in Palapye.