Jurisdiction of Gaongalelwe�s court in stay of execution case questioned
Goitsemodimo Kaelo | Wednesday May 10, 2017 15:16
BOPEU had, jointly with Government, applied to the Court of Appeal (CoA) to suspend the implementation of the judgement of Justice Tshepo Motswagole of the High Court.
Motswagole had ruled that the Public Service Bargaining Council (PSBC) has the sole powers to negotiate and effect salary increments on behalf of all public servants as opposed to the Government’s unilateralism on the matter.
He then granted an interim interdict which banned Government from continuing paying the three and four percent salary increases outside the auspices of the PSBC to those employees who are not members of the BOFEPUSU Acting Jointly Arrangement (BOFEPUSU AJA).
He ordered the parties to return to court on May 24, where the interdict would be made a final Court order or be withdrawn. Now, BOFEPUSU says by hearing the matter, which was still alive in another Court with competent jurisdiction, could put the Judiciary into crisis.
“Justice Gaongalelwe accepted the case of stay of execution and set aside an order of another Court with competent jurisdiction while the matter is still returnable to Court on May 24.
This is going to cause a clash of Courts now if justice Motswagole upholds and makes his initial order final,” BOFEPUSU secretary Tobokani Rari said.
“The matter was live before another judge so Gaongalelwe should not have heard the case. The judiciary will find itself in crisis,” he said. Meanwhile, the Secretary for Labour Johnson Motshwarakgole attacked President Khama and Gaongalelwe.
He said Khama “is the worst thing to happen to this country”. “Se ke petso ya ga Satane, eseng Modimo. It was a big mistake for him to lead this country.
Gaongalelwe is another person whose actions should be condemned,” he said. He said the two are destroying the country. Their actions should be seriously condemned.