The day BOFEPUSU, BOPEU met in Court
Chakalisa Dube | Thursday April 13, 2017 14:29
Tuesday this week shall remain engraved in the minds of many trade unionists that had thronged the Courtroom of Justice Bengbame Sechele in Francistown where former partner trade unionists clashed on a principle of law. For Francistowners, the case of this magnitude was perhaps the first of its kind and it was worth attending. The Botswana Public Employees Union (BOPEU) and its former partner Botswana Federation of Public Private Parastatals Sector Unions (BOFEPUSU) were at loggerheads with BOPEU, having applied to the High Court seeking to disqualify BOFEPUSU from the membership of the Public Sector Bargaining Council (PBSC).
The matter was taken to Court Monday this week on a motion of urgency. It is apparent that the urgency of the matter was precipitated by a recent case in which BOFEPUSU won, compelling the Government to suspend the three percent salary increase award for the 2016/2017 financial year. Tuesday morning, afternoon and evening, Justice Sechele’s Courtroom No.3 was the cynosure of all eyes. It was the day public sector trade Unions literally clashed in Court.
The clash might have not been physical, but definitely it was a clash of egos and pride. It also turned out to be a clash of titans.
The atmosphere reeked of anger and frustration, which were written all over the faces of the many who had thronged the Court. For a moment, it was very silent even before Justice Sechele called his Court to order. One could hear the heartbeat of a neighbour. Certainly, one could tell who the parties to the matter are. At the front row of the lower public gallery and to the furthest left, sat the BOFEPUSU leadership in no formal order; Johnson Motshwarakagole, Ketlhalefile Motshegwa, Tobokani Rari and supporting acts from Botswana Sectors of Educators Trade Union (BOSETU) leadership and members led by BOSETU president, Kwenantle Modukanele.
Directly opposite sat Andrew Motsamai, Topias Marenga and some BOPEU regional leadership.
Trade unionists of the two parties took the pattern of their leaders’ sitting arrangement leaving the Courtroom bitterly divided. It is probably this form of division that left one unidentified man worried that the public service will never be the same in its service deliver, divided as they are.
It is no secret that this week’s case, even before it goes to its merits, has left the public service polarised even more if the departure of BOPEU had previously left a dent in the delivery of services in the public sector. It is not over yet as BOFEPUSU has only won the first round of the case that seems set to tumble skeletons from the closets of the two organisations. As for the attendance, a lot of teachers could not go to their respective schools on the closing day just to honour the court case. Equally, some public servants who are members of BOPEU spent their day in court to see the case to its end on Tuesday.
Court orderlies had to bring more benches into the courtroom as all the chairs at both the lower and higher public galleries were fully occupied with some sharing the little seats in the galleries. Except for the many who had adorned shirts and T-shirts, emblazoned BOFEPUSU, BLLAHWU, BOSETU and BOPEU, the majority of the members chose to appear in neutral colours as a way of not publicly showing their leaning. There were not many breaks in the case, but the lunch one already provided a platform for the trade unionists to second guess how the proceedings would go.
This is after long deliberations by learned colleagues, Mboki Chilisa for respondents, BOFEPUSU and Martin Dingake for the applicant, BOPEU. Chilisa and Dingake are reputable attorneys, especially in the area of labour law and human rights. In a Court case, there is a loser and a winner.
Their arguments were indeed a mental stimulating journey as they articulated the principles of law to the core. Without trying to play the role of the High Court, and although Court cases are tricky by nature, trade unionists could easily pre-empt how the scales were going to be tilted.
It did not come as a surprise when the Court ruled in favour of BOFEPUSU that there was no urgency in the BOPEU application as that is what the majority of the trade unionists had already concluded. Women adorning BOSETU paraphernalia broke into song and dance just in front of the courtroom. They were joined my men and more women to celebrate their hard-earned victory. It may not be over yet, but to them, it’s worth celebrating.
“…BOFEPUSU e kelemile ka ditshwanelo tsa rona (BOFEPUSU continues to surpass the expectations of our rights)” is the song that set the stage alight as more BOFEPUSU trade unionists celebrated their victory. BOSETU NEC member, Mosa Modise who was among hordes of BOFEPUSU members who celebrated the Court victory, said the federation is in the right direction with regards to fighting for the rights of the workers.
“This case to some extent also signifies that BOPEU has a grudge against BOFEPUSU. They are doing things in bad faith. Their case was without merit,” said Modise. Winston Radikolo who is BOSETU northeast region chairperson said he hopes that the outcome of the case will help BOPEU change tact and start fighting for the rights of the workers.
“BOFEPUSU might have won the case, but there is nothing to rejoice because the workers do not benefit anything from these constant Court cases,” he said. He also said what is pleasing is that Courts appear to be recognising the importance of the bargaining council. As for their opposite numbers at BOPEU, the loss seemed to have affected them bitterly as they could not even field question from the press.