Unionists rights judgement next month
Oarabile Mosikare | Monday January 26, 2015 12:37
The rights included the secondment of employees to union offices. Moroka declared government’s termination unlawful and set it aside saying there had been a clear violation of the principle of audi alteram partem or ‘hearing the other side too’.
The Directorate of Public Service Management (DPSM) and the Attorney General appealed the judgment, which was in favour of the Botswana Land Board, Local Authorities and Health Workers’ Union (BLLAHWU), Botswana Sectors of Educators Union (BOSETU) and Botswana Teachers Union (BTU).
In the appeal, government hoped to revoke the secondment of Ketlhalefile Motshegwa (BLLAHWU secretary general), Tobokani Rari (BOSETU secretary general) and Ibo Kenosi (BTU secretary general).
State counsel Oteng Thamuka argued that a seconded officer could be recalled without any hearing. She also said there was no hearing when the DPSM recalled the three unionists.
“Meaningful consultation might make hearing unnecessary,” said Thamuka.
She later withdrew her submission in relation to meaningful consultation. This was after Justice Ian Kirby asked her if there was any meaningful consultation with individual unions and not Botswana Federation of Public Sector Unions (BOFEPUSU).
For his part advocate Alec Freund SC, acting for the unions, submitted that the applicants made their points so clear that they did not give the unionists a hearing.
“There was no consultation and a none case is made. The Court of Appeal has a discretion to make an order it deems appropriate,” said Freund. Freund appeared with Mboki Chilisa and Godsglory Ifezue.
Other members of the CoA panel were Justices Isaac Lesetedi and Monametsi Gaongalelwe.