Govt, Motshwegwa settle out-of-court

Oarabile Mosikare | Thursday July 10, 2014 14:51

 

Motshegwa, the secretary general of Botswana Land Boards, Local Authorities and Health Workers Union (BLLAHWU), had sued the DPSM, Francistown City Clerk and the Attorney General for failure to pay last month’s salary. When the parties appeared before Justice Dr Key Dingake, they informed the court that they have discussed the matter on Tuesday and reached a settlement.

Attorney Tshiamo Rantao, appearing for Motshegwa, prayed to the court for the consent draft order to be granted. After submissions from Rantao and government attorney, Yarona Sharp, Dingake ordered that Motshegwa’s salary be reinstated forthwith. The court also ordered that the applicant’s June 2014 salary be paid within 14 days of the order being made.

“The respondents are jointly and severally liable to pay the applicant’s costs of suit on a party scale, which costs are to be agreed or taxed,” reads the order.  In his letter to the Francistown City Council (FCC) on June 16, 2014 Motshegwa asked for his pay-slip from the Finance Department, whereupon he was informed that they had been instructed to stop paying his salary, hence the unavailability of his salary slip.

“The above position, as communicated by Mr Kagisanyo, sent shockwaves to me since there is no legal basis for the refusal to pay me, and there can never be. The failure to pay my wages when same are due is a criminal offence under section 145 of the Employment Act, Chapter 47:01. I trust that I will not have to approach the police for action under the said section,” wrote Motshegwa.

He said if indeed it was true that there was an intention on the FCC part to discontinue payment of his wages, the only reasonable inference he can make is that he was being victimised for his trade union activities. “This is outlawed by law.”