Deregistration back to haunt BOFEPUSU
Gothataone Moeng | Monday May 5, 2014 14:47
A case returns to the High Court this month, BOFEPUSU secretary general, Tobokani Rari, told workers at the Gaborone May Day commemorations last Thursday.
BOFEPUSU won the case in which it appealed a decision by the Registrar of Trade Unions and Employers Organisations to cancel its organisation on a default judgment, as the government attorneys failed to file their papers for the case.
However, in November last year government applied for rescission of the Michael Leburu judgment, leading to the case returning to the courts. When delivering the May Day message last week, Rari said the existence of the federation is “seriously under threat.”
In 2009, the Registrar struck BOFEPUSU off the roll saying that it was registered by mistake or it was a misrepresentation. Government argues that the founding members of the federation did not comply with a provision of the Trade Union and Employees Organisation Act, which requires that there be a supervised ballot by the Registrar of Trade Unions for all members of the trade unions which intend to federate.
Then Registrar, Lesego Pule, said that contrary to the law, she was not notified by any of the constituent unions of their intention to amalgamate 14 days before the holding of the ballot.
In addition, she was not furnished with a complete alphabetical list of the members eligible for voting 14 days before the day on which the ballot was supposed to be held.
On the other hand, the union argues that the respective provision defeats the spirit of freedom of association and non-interference by government in union matters.
BOFEPUSU brings together the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Union (BOSETU), Botswana Public Employees Union (BOPEU), Botswana Land Boards, Local Authorities and Health Workers Union (BLLAWHU) and the National Amalgamated, Central and Local Government and Parastatal Workers Union (NACLGPWU).
The Bakgatla deputy chief Bana Sekai has been prohibited from purporting to act as Kgosi.
“Bana Sekai is hereby prohibited from purporting to exercise the functions of Kgosi of the Bakgatla tribe” and that no person shall treat him as Kgosi of Bakgatla tribe. This order was made on April 2, by minister Letlhogonolo Siele, for the Local Government and Rural Development Ministry.
This is in accordance with the Statutory Instrument No. 36 of 2014 of the government gazette extraordinary, volume L11, No 23 published on April 11, 2014. According to the Statutory this is in exercise of the powers conferred on the Minister of Local Government and Rural Development by section 26 (1) of the Bogosi Act, which reads as thus “the following Order is hereby made - and that this order may be cited as prohibition from purporting to act as Kgosi, Order, 2014.
However, this statutory is expected to open a can of worms as Sekai’s loyalists argue that theirs in not a chief elected by government “but a chief by birth”. The same happened when the then minister Lebonaamang Mokalake, derecognised the Kgosi Kgolo Kgafela Kgafela II but up to now the tribe still recognises him as the Kgosi Kgolo.
In all at the Kgotla meetings held in Mochudi so far, Sekai’s loyalists have made it clear that Bakgatla chiefs are not elected by government and that Sekai was chosen by Kgafela. Sekai has also stated in several Kgotla meetings that he will be the chief until Kgafela comes back.