Judgment reserved in Tshukudu case
Innocent Selatlhwa | Tuesday April 19, 2016 15:41
On April 8, Tshukudu, who is also Botswana Teachers Union (BTU) president, was transferred from his position as senior lecturer at Tlokweng College of Education to the MTC as chief administration officer.
His lawyer Mboki Chilisa argued that his client was not afforded a chance to respond as his transfer was immediate.
He also argued that Tshukudu had no administration training as he has been a teacher all his life and transferring him to the new position could lead to him losing his job as he was likely not to do it efficiently.
Chilisa also argued that the post, which had been vacant for years, could have been filled by other government employees with administration skills.
He said the transfer was meant to bar his client from contesting for the BTU presidency in its upcoming congress.
Representing the employer, Sono Seisa conceded to a point raised by Chilisa that there was contradiction in Director of Public Service Management (DPSM), Ruth Maphorisa’s answering affidavit.
In one paragraph Maphorisa stated that Tshukudu knew about the agenda of a meeting held on April 6 prior to the issuing of the letter. However, in another paragraph, Maphorisa said the decision to transfer him had already been taken before the meeting.
Seisa however argued that the decision could not be reversed as it had already been implemented.
“Even though the applicant has not shown up for duty, he has already been transferred to his new office, nothing can be done,” he said.
However Ruhukya told him that if he finds the transfer to have been unlawful, the court order would have to be followed and Tshukudu reinstated to his position.