Where Is BLLAHWU judgement?
Correspondent | Tuesday July 5, 2016 14:52
The application in question was seeking membership termination of the expelled president of the union comrade Kedise.
The union in its application before court argued that, Kedise is no longer a member of the applicant union and has consequently lost his presidency because his membership lapsed on account of his failure to pay his subscription fee for an accumulative period of over three(3) months.
However, the expelled president denied that. In his heads of argument, comrade Kedise through his attorney of record Obonye Jonas contended that, the court is urged to find as a fact that, the applicants continue to deduct the respondent’s subscription fee from his salary on a monthly basis, even at the time of hearing of the case by court.
I assume up to this date, the union continues to deduct the subscription fee from comrade Kedise salary and thereby regarding himself as a member in good standing.
At the time of the hearing, Joseph Akoonyatse, who was representing BOPEU in the PSBC and Botswana Federation Public Sector Union (BOFEPUSU) and not BOFEPUSU the union party, represented the union.
Comrade Kedise was not the only culprit to be suspended by his subordinates (the central Executive Committee). The union has also been engaged in legal battle with its National Treasurer.
It is almost a period in excess of one-and-a -half-year following the hearing of the case by the High Court and there is no judgement despite the existence of the case management system. The question that one may ask Justice Judge Nthoiwa is where is the judgement comrade? Kana e kaleditswe.
The Registrar of the High Court must rescue the union and protect members’ interests and rights by pronouncing comrade Kedise’s judgement, which is overdue. BLLAHWU is in management crisis. It is operating without a head, and the rib is administering the union and is now breaking. Justice delayed, is justice denied.
The embattled union
BLLAHWU (the union) is currently falling apart and it is operating without a full Central Executive Committee, almost all responsible portfolios such as that of President and Treasurer and many others are held by acted employees.
Botswana Land Board and Local Authorities Health and Workers Union and BLLAWHU Burial Society are currently engaged in legal battle and counter legal battle. The union is suing BLLAHWU Burial society for P1million in damages for alleged loss of business.
In a counter-application, the society has filed an application against the Registrar of Trade Unions and Employer Organisations and the Union (BLLAHWU) challenging the legality of the two union constitutions which were registered by the register on the 27 August 2015 and 18 December 2015, belonging and filed by the union(BLLAHWU).
The society objections to the said constitutions are that, they contained offensive clauses, which sought to assert control by the union over the society, which is a separate legal entity from the union and registered under a different Act of Parliament without the society’s consent.
The union is promoting its non-existence series of schemes; BLLAHWU legal scheme, BLLAHWU Funeral Scheme and BLLAHWU Benefit Scheme, alleged to be under the control of its insurance broker being Mokaulengwe Insurance Broker using the society’s name BLLAHWU.
The society content its legal documents that, the registration of the said constitutions without consulting the society, when its rights were clearly diminished by the said offensive clauses were unlawful as the registrar’s mandate only lied with the “trade union’’ and not the “societies’’.
The society further argues that, the registrar had acted outside its legal powers and that the registration of the said constitutions was ultra vires the enabling Act, hence demand that the said clauses be impugned from the union’s multiple constitutions.
Membership
Both the union and the burial society draw their membership from the same source being; Land Boards, Local Authorities and the Health sector employees in the local government, however, the membership is now open across the spectrum.
For one to be a principal member of the society he/she does not need to be a member of any union or need approval of the union leadership or it’s General Secretary.
Core Mandate Of A Union
I believe the core mandate and objects of a Trade Union in this particular case of BLLAHWU is to advance, promote and protect workers’ interest at the shop floor(workplace) and to bargain with employer to improve the terms and conditions of employment and not to fight for monies which is meant to assist the bereaved families during hard times.
Evil spirit of power and money
I therefore urge my fellow comrades in happiness and in grief to rise to the occasion, to unite and support their management committee of the society in its fight against self-enrichment and greediness.
PS: These are personal views and comments of the author and are not of any Union, Federation or Institution with which he may be a member with good standing.
Patle is a reformist unionist based in Gaborone City. E-mail opatle@gov.bw or whatsup@73895263.