BPOPF trustee battles deepen
Oarabile Mosikare | Wednesday October 15, 2014 16:44
In a letter written on Monday by their lawyers, Baoleki Attorneys, trustees for Trainers and Allied Workers Union (TAWU) and Botswana Tribal Administrators Staff Association (BOTASA) are challenging the settlement order issued by Justice Tshepo Motswagole recently.
TAWU trustee, Allan Keitseng and BOTASA trustee Galeakanye Modise, argue that they were not given a hearing when the settlement order was reached between BPOPF, its acting chief executive officer Lesedi Moakofhi, six senior ranking public officers and the National Amalgamated Local and Central Government and Parastatal Workers Union (NALCGPWU).
Last week Motswagole granted NALCGPWU the right to sit on the BPOPF board after the Union had taken the Fund as well as 23 individuals and organisations to court. The Union had also challenged the Fund’s roles and required voting, but before the court could rule on the matter, the respondents unveiled a settlement agreement favouring NALCGPWU.
In the agreement, the respondents agreed that all employees cited should on or before October 13, 2014 submit a list of nine different public officers who are eligible members for nomination to the board.
However, TAWU and BOTASA say the settlement order was unprocedural.
“This is a matter of principle. They (TAWU and BOTASA) have it on good authority that whoever participated in the process of the said settlement was not authorised to do so by the BPOPF. That authority lies with the board,” said a source close to TAWU.
The two trustees argue that TAWU and BOTASA were not cited in the case and hence were barred by the said settlement agreement from participating in the nomination process.
The agreement states that all employee associations and trade unions should meet before the October 20 at 9am at the boardroom of NALCGPWU to review the nominations submitted to the secretariat. The nine associations and unions with the highest number of nominations shall be taken as duly appointed as trustees in terms of the BPOPF rules.
“In the event that the process of nomination outlined above does not result in any person getting more nomination than the other or in nine persons having more nominations than the rest of the nominees, the trade unions and employee associations shall then vote on a procedure to elect the nine employee representatives provided for in the BPOPF rules. In respect of the vote on the procedure to be used to elect trustees where such need arises each employee association shall be entitled to one vote,” the agreement says.
It says the decision of the majority shall prevail in respect of what procedure shall be used where the need to elect trustees arises, and that a person appointed by the trade unions/employee associations shall chair the meeting.The agreement further said that each trade union/employee association should have one vote in respect of the person chairing the proceedings.
Moreover, the employee trustees shall forthwith vacate their offices and no further business of trustees of the fund shall be carried out until the terms of this settlement have been duly complied with.