Dingake advocates for establishment of Industrial Court of Appeal

Chakalisa Dube | Friday December 2, 2016 16:14

Dingake made the averment at the Botswana Public Employees Union (BOPEU) Central Executive Committee meeting this week. Currently, all matters heard at the Industrial Court are appealed at the Court of Appeal (CoA) which is a general court.

Dingake added that when the Industrial Court was established, the idea was to also have the Industrial Court of appeal.

“If there is a court of appeal (to deal with issues from the industrial court) there will be consistency in the jurisprudence.

“When you go to a general practitioner in Princess Marina Hospital and she messes up with your teeth you do not appeal to another general practitioner.

You go to a dentist, a specialist in teeth, that was the same idea,” added Dingake as he laid down the importance of having a court to solely hear appeals from the industrial court. 

He also advised government to treat the Industrial Court as a specialised area by hiring lawyers who are specialist in labour law, a move he says would improve the competence of the court.

“When the Industrial Court was established initially, the thinking was that it should be a specialist court manned by specialists in labour law.

“The understanding was that not all lawyers are competent to preside over labour law, given its sensitivity and nature. It was supposed to be a specialist court manned by experts who cannot be doubted in that field,” Dingake explained.

In another revelation, the judge expressed worry about the tendency to depend more on attorneys and law by some members of the trade union.

“It is an honour to be worshipped but, you must not exaggerate the importance of law and treat it as a magic wand to solve any other problem. It can’t be. Law has limitations,” he said.