BOFEPUSU appeal crosses first key step
Mpho Mokwape | Wednesday March 30, 2016 16:24
Justice Isaac Lesetedi of the Court of Appeal (CoA) yesterday ruled granted the federation a right to appeal against Judge President Tebogo Maruping’s decision of March 16.
Lesetedi said BOFEPUSU had successfully shown cause why their appeal was urgent and that the respondents, the Botswana Public Employees Union (BOPEU) had not shown that the union would suffer any prejudice.
“In the cause of no prejudice shown by the respondents, the application pending appeal against the Industrial Court decision succeeds and it will be enrolled for hearing at the end of the April session,” he said.
Earlier on, BOFEPUSU legal counsel, Alec Freund had argued that the appeal was premised in that the trial court had failed in interpreting the PSBC’s constitution.
He argued that the Industrial Court erred in holding that the constitution of the bargaining council only permitted trade unions already admitted as parties to the council to form an acting jointly arrangement.
“The court a quo also erred in failing to find that the manner in which the trade union side of the PSBC was constituted in November 2011 could not be brought into issue by BOPEU several years after,” he said.
Freud said the trial court failed in finding that BOPEU had a locus standi to seek any or all of the orders that were granted on the basis that it was the largest union which was admitted as a party to the bargaining council and that it had expressed its interest in continuing to be a member of the council.
Arguing for the matter to be granted as an urgent case in the CoA, Freud said it had caused a lot of concern among public officers.
“The importance of the present dispute to all public officers and the need to determine this dispute speedily was correctly recognised by the trial court also when it held that ‘the dispute had given the court a lot of anxiety and that there was a great deal at stake for both parties especially for public officers who are looking forward to being represented in the Salary and Conditions of Service Negotiations for 2016/17.
Time is obviously of the essence’,” he said.
BOPEU attorney, Joseph Akoonyatse in countering said the applicants had not shown any exceptional circumstances for an urgent appeal.
He however said the federation would not suffer any prejudice if they were to be given redress at a later stage, because all public sectors would still be represented at the bargaining council
He explained that only trade unions that are recognised by the government, as the employer, were entitled to be admitted as members of the bargaining council.
“The court has also left the matter for resolution by both parties and the employer therefore the federation could still get a redress before the substantive appeal,” he said.