COA reserves Khama, BOFEPUSU judgement

Baboki Kayawe | Monday January 26, 2015 12:24

 

This case emanated from Justice Michael Leburu’s ruling that last year’s four percent wage hike by government would not stop the federation from bargaining for a higher increase or seek redress through a normal court process, rather than on urgency.

BOFEPUSU legal team, South African advocate senior counsel Alec Freund, Mboki Chilisa, Godsglory Ifezue, said refusal to hear the case as an urgent one has had irreversible prejudice on their client, and damning implications if not remedied. Freund said by announcing the four percent salary hike ahead of the 2014 wage negotiations, Khama pre-empted and diminished the bargaining powers of the federation. He further said the ruling was legally erroneous, as it did not prelude the protection of the five trade unions’ right to negotiations founded on good faith. “There is a legally enforceable obligation to negotiate in good faith. No party is allowed to act unilaterally,” he argued.

According to Freund, interdiction was the only effective remedy since the matter would set bad precedence.

State Attorney David Moloise argued that his team had only prepared to argue against the urgency of the matter, not its substance. He said the case should have been brought in as a normal one, since the rules of negotiations for the 2014 salary talks were not yet existent when the announcement was made.

However, Justice Ian Kirby said that did not matter because the employer and union parties agreed upon the procedure for negotiations in 2013.