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Gov’t drops charges against suspended Air Botswana GM

Rasebotsa is also challenging a 21-count charge sheet issued against her PIC PHATSIMO KAPENG
 
Rasebotsa is also challenging a 21-count charge sheet issued against her PIC PHATSIMO KAPENG

The withdrawal is confirmed through an order issued by Lobatse High Court judge, Justice Ookeditse Maphakwane, yesterday, following the submission of a consent agreement by the parties.

“Parties draft order of October 15 is made an order of the court, as the Ministry has withdrawn the disciplinary charges and the show cause letter against the applicant. The applicant is granted leave to withdraw the urgent application,” reads the order.

This comes after the Ministry of Transport and Infrastructure and the Attorney General withdrew the show cause letter and disciplinary charges issued against Rasebotsa on September 24, 2025.

The withdrawal of the charges allows Rasebotsa to withdraw the urgent application she had filed before the court in response to the disciplinary process.

In her application, Rasebotsa had sought interim and final relief to halt and nullify the disciplinary proceedings initiated by Air Botswana’s board, alleging procedural unfairness and violation of her constitutional and labour rights.

According to her founding affidavit, Rasebotsa had been placed on administrative leave by the newly appointed Air Botswana board in June 2025 to allow investigations into her leadership. Following the expiry of the initial 30-day period, the board extended her leave and later issued a 21-count charge sheet, citing alleged misconduct and maladministration.

The charges were forwarded to the Ministry of Transport and Infrastructure, accompanied by recommendations for further action.

Rasebotsa then challenged the disciplinary process in court, arguing that the charges had been brought without affording her an opportunity to respond to the allegations prior to their formulation.

She claimed that the board acted both as investigator and decision-maker and had denied her access to relevant evidence, thereby breaching principles of natural justice.

Her application cited violations of Section 3 of the Constitution, the Employment Act, and public enterprise governance frameworks, and she argued that the process did not comply with the principles of natural justice, including the right to be heard, the right to adequate notice, and the right to a fair and impartial hearing.

“The board acted as both investigator and decision-maker, which constitutes procedural irregularity. I was not provided with access to all the evidence relied upon to formulate the charges, and that I was denied a chance to respond to the full case against me before a decision was made to pursue disciplinary action,” she said.

She also explained that the continued implementation of the disciplinary process without judicial intervention would cause her irreparable harm, including reputational damage and the loss of her employment without due process.

Since the court has now formally acknowledged that the charges and show cause letter issued by the respondents have been withdrawn, her urgent application is allowed to be withdrawn as well.

However, the matter is not fully concluded, as in the consent order made by the court, a timeline has been set for the parties to address the issue of costs.

The court has ordered that Rasebotsa, as the applicant, file and serve her affidavit on the issue of legal costs within fourteen days of the date of the order. The respondents are each required to file and serve their respective affidavits within fourteen days of receiving the applicant’s affidavit. Thereafter, Rasebotsa will have a further fourteen days to file her reply.

“The applicant must also file and serve a paginated bundle not less than fourteen days before the date set for oral arguments. Both sides are further directed to file and serve their heads of argument no less than two days before the hearing date,” further reads the order.

The High Court has set the hearing on the issue of costs for April 7, 2026, and the outcome will determine whether the respondents will bear the legal costs associated with the now-withdrawn application.

Meanwhile, this development follows months of battle sparked by Rasebotsa’s suspension in mid-2025. At the time, she had been in the role of the airline for less than two years, having been appointed as General Manager of Air Botswana in December 2023 through a formal recruitment process.

Her suspension came shortly after a new board was installed at the airline.

The original charge sheet issued against her was never publicly disclosed in detail but was described in court filings as comprising 21 allegations of maladministration and misconduct.

Rasebotsa had warned in her application that continuing the disciplinary process without judicial intervention would cause her irreparable harm, including reputational damage and the loss of employment without due process.

The consent order issued by the court represents a legal turning point in the dispute, and it still remains unclear what the next step is for both parties.

Reached for comment, Rasebotsa maintained her position that she wishes to remain silent, as she has done since her suspension.