BIUST VC arrogated court powers
Spira Tlhankane | Wednesday September 2, 2026 06:00
Justice Bugalo Maripe has ordered BIUST to reinstate lecturer Dr Malatsi Galani with no loss of benefits or seniority, declaring that the Appeals Committee’s September 2024 decision was final and binding. The judgment, delivered in Maun on Friday, is a stinging rebuke of the university’s decision to disregard its own internal appeal process. Galani had been dismissed by the VC on January 9, 2024, after a disciplinary process that lasted 38 days and found him guilty of several allegations, including wilful access to a complainant’s systems, dishonesty, failure to act in the best interests of the university, and breach of confidentiality. Galani appealed, and on September 16, 2024, the Appeals Committee upheld his appeal, finding that the disciplinary process had not been conducted promptly as required by the university’s terms and conditions of service. It ordered his reinstatement from the date of dismissal, without loss of benefits or seniority. BIUST, however, refused to implement the decision and instead, the university maintained that the VC could disregard the Appeals Committee’s decision and rely on the original disciplinary findings. That position has now been decisively rejected by the High Court, with Justice Maripe finding that the VC was bound by the Appeals Committee’s decision and had no power to simply override it.
“Failure to do so was wrongful and unlawful,” the judge held. The court went further, warning against public and administrative authorities taking the law into their own hands whenever they disagree with a decision.
“Otherwise, if we are all allowed to act according to our personal predilections and judgments on the actions and decisions of others or that we do not like their decisions, there would be chaos in society, the very antithesis of the rule of law.”
In one of the strongest passages of the judgment, Maripe said the VC had effectively assumed a role reserved for the courts.
“Disregarding the decision of the Appeals Committee because he took the view that it had acted irrationally. That is not his call but that of the courts. He was thereby arrogating to himself a function of the courts. He acted unlawfully and wrongfully.”
The judge rejected BIUST’s argument that the VC could rely on the original disciplinary committee’s recommendation. Maripe said, once the Appeals Committee overturned that decision, the original disciplinary finding had effectively disappeared.
“The decision of the Disciplinary Committee effectively gets nullified, dies and ceases to have any consequence at all, and ceases to exist in law.”
The judge said there was consequently no valid recommendation left upon which the VC could base Galani’s dismissal.
“The findings of the Disciplinary Committee were set aside by the Appeals Committee, and were, as it were, pro non scripto.”
Maripe also took issue with the speed with which the VC had acted against Galani after the disciplinary hearing, noting that he knew the lecturer still had a right of appeal. The court found that the VC had taken a calculated risk by dismissing Galani before the appeal was determined. That risk backfired when the Appeals Committee subsequently ruled in Galani’s favour.
The court also rejected BIUST’s argument that Galani should not be reinstated because he had secured employment elsewhere. Maripe said finding another job whilst fighting the dismissal was not something that could be used against him.
“He was not supposed to sit idle and live in hunger and eventually die whilst waiting for his matter to conclude.”
The judge concluded that because the dismissal itself was unlawful, the status quo before the dismissal had to be restored.
“The dismissal being a nullity, it means the status quo ante must be restored, and this is to be done by way of reinstatement, with no loss of benefit to the applicant as per the decision of the Appeals Committee.”
BIUST has now been given 30 days from delivery of the judgment to comply. The university and the Vice Chancellor were also ordered to pay the costs of the proceedings on the ordinary scale. The judgment was delivered in open court at Maun on August 28, 2026.