Radibe to sue govt

RYDER GABATHUSE
Staff Writer | Friday April 13, 2007 00:00

 

The trade unionist and headmaster of Sedibelo Junior Secondary School is currently serving a three-month retirement notice, effective from April 1. He was served with the retirement letter after an earlier attempt to force him out by the Ministry of Education floundered because of public pressure.

 

The ministry is reportedly victimising Radibe because of his union activities. It is said the ministry feels he spends more time doing union work though there are also claims that BTU broadsides against government is behind his controversial retirement. 

Lawyer Phazha Kgalemang confirmed yesterday that his firm has already been instructed by Radibe and they are processing the court papers. 'I hope the case will be heard around May or so.' Kgalemang added that his client has asked for review proceedings.

 

He wants the decision to retire him to be reviewed and set aside on the grounds that it was an unlawful and malicious act done in bad faith. Radibe was recently elected the president of Botswana Federation of Trade Unions (BFTU).

His lawyers said he has done nothing wrong that called for the Director of Teaching Service Management to invoke Section 14 (3) of the Teaching Act. 'Further, Radibe was not given a fair and meaningful hearing before the decision to restore him was effected,' Kgalemang said.

 

He added that the action of the TSM was in bad faith and was merely taken to correct a wrong, which he had earlier done. 'In brief, the director's mind was clouded by the fact that he has taken an incorrect decision earlier and re-activation of the decision on March 7 was merely a formality which was not based on the Act and thus such decision was unfair, unjust and prejudicial to the interest of the appellant.'

Radibe's notice to sue shows that as of right and in terms on the Teaching Act, he intended to retire after the age of 65. 'The purported retirement under the umbrella of Section 14 (3) of the Act is not only a misdirection but also ultra vires the Act and thus of no legal consequences and thus has no legal leg to stand on.'

 

The Director of TSM Opelo Makhandlela said yesterday that he was in the dark about Radibe's notice. 'Not to our knowledge. We have heard him flexing his muscles that he will challenge the decision to retire him in court. We don't have anything concrete to that effect,' Makhandlela told Mmegi yesterday. He added that it is within Radibe's rights to sue if he is not pleased with the decision.

 

Efforts to reach Radibe at press time were futile as his colleagues reported that he was attending a BFTU meeting in Gaborone.