Motumise Steals The Show
Oarabile Mosikare | Monday February 15, 2016 16:05
The urgent application that started at 11am and ended at 9.30pm last Friday attracted many unionists and observers in the courtroom of the Industrial Court Judge President Tebogo Maruping. Motumise, whose candidacy to the bench was rejected by President Ian Khama, kept the court alive with his sense of humour and sharp legal brain complimented by body language.
He was appearing for the PSBC and PSBC general secretary Willard Ulaula. “What really does BOPEU want? You don’t see that in their prayers. They don’t say what they want in their orders. Their first primary objective is to dislodge BOFEPUSU from the bargaining table,” submitted Motumise.
In his entire submissions Motumise would ask questions and provide the answers. He asked: “What is BOPEU’s interest in dislodging BOFEPUSU from the table? BOPEU doesn’t provide answers. The question that might arise is when BOPEU says remove BOFEPUSU, dismantle BOFEPUSU, they don’t say who are deserving candidates. They don’t say they are deserving.”
He added that the applicant is not a model of consistency in action or in paper. “The whole application is for the court to save BOPEU from BOPEU.” He said BOPEU withdrew from the PSBC and made certain choices. “And those choices are coming home to bite. If they chose life outside BOFEPUSU and PSBC it is their choice,” he said before adding that the union in the middle of the horse race chose to change horses.
He told the court that BOFEPUSU and the first four unions who are some of the respondents in the matter were admitted into the council as a unit. “BOPEU left the salary negotiations in progress. Their application under Botlhe Bargaining Forum (BBF) is waiting. They should exercise patience. The applicant has no locus standi. First it is not a member of the council.
“Urgency is self-created. They are appealing for sympathy. Rules cannot be circumvented to accommodate the applicants.”
He said BOPEU failed to support the orders it sought. He said the application was frivolous and must be dismissed with costs. Judgement would be delivered before February 18.