Molale, Nthomiwa in tug-of-war

ISAIAH MOREWAGAE
Staff Writer | Friday June 4, 2010 00:00

Lobatse High Court Judge Steven Gaongalelwe is presiding over a case in which Mabotho is challenging Molale's decision, directing Ntlhomiwa to reverse her promotion.

In her statement, Mabotho said on or about July 16, 2009, Nthomiwa told her that she had been promoted to the post of Manager Corporate Service (E2) on transfer to the Ministry of Youth, Sport and Culture.

She said Nthomiwa told her that 'I cannot stop the promotion because you deserve it, but you are not going anywhere. 'Mma Mabotho you know where you found this department in terms of performance in Human Resource Management. I don't want to imagine going back to that state'.' 

Mabotho said Nthomiwa insisted that she should give him a chance to talk to Molale. 'I agreed and sincerely believed he would do it and advise me accordingly. Almost every month I have been asking the registrar about the final decision reached in this matter. He kept on telling me that I should not worry because everything was in his hands. I had no reason to doubt him,' she said.

However, a tug-of-war between Molale and Nthomiwa started with a savingram dated March 22 2010, in which Molale notified Nthomiwa that Mabotho was offered promotion to the position of Manager, Corporate Services on E2 salary scale in the Ministry of Youth, Sport and Culture and never reported for duty at the ministry but has been paid at E2 salary scale since October, 2009.

'You are advised to revert the officer's salary to D1 grade with immediate effect and furthermore the officer should pay back all the monies that was paid to her at the E2 grade because she has never resumed duty to perform such duties,' said Molale.

The PSP also asked Nthomiwa to explain why he allowed this anomaly to occur when it was clear that there was no vacant E2 post in their establishment at which the officer could be paid.

However, Mabotho petitioned the High Court against Molale's decision to direct Nthomiwa to revert her salary to D1. The Attorney General is cited as the first respondent, while Molale is cited as the second respondent.

In her statement, Mabotho said since August 2009, she had been getting a salary at E2 without any complaint from anyone, including the PSP, Directorate of Public Service Management (DPSM) and Ministry of Youth, Sport and Culture.

'On the 23rd April 2010, I received an unsigned minute from the registrar through his secretary forwarding to me a savingram from the PSP which informed him that PSP is withdrawing my promotion and that a casualty return be raised to revert me to D1 and payback the salary I have received from October 2009,' she said.

Mabotho said the reason given was that she had never reported to the Ministry of Youth, Sport and Culture thus had not performed the duties of the new post.

She further said Molale offered her promotion through a letter directly addressed to her and he could not withdraw the promotion via a savingram addressed to the registrar.

'It is respectively submitted that no disciplinary enquiry was held against me and consequently no decision adverse to my rights and in breach of the contractual obligations of the Botswana government could be taken without giving me notice or hearing in breach of contract agreement between myself and Botswana government,' Mabotho said.

She also stated that Molale or Nthomiwa's decision is irrational, capricious and arbitrary, adding that the decision taken by Molale or Nthomiwa has serious detrimental effects on her career development.

'At a financial level, there is no doubt that I'm likely to suffer serious financial embarrassment as a result of what is clearly a capricious decision taken by the registrar or the PSP,' she said.

Mabotho is represented by attorney Katlego Bagwasi of Monthe and Marumo Attorneys, while Keaikitse Boikobo, from the AG's Chambers, represent the Attorney General and the PSP.

Gaongalelwe postponed the case to June 18 to allow for negotiations as both parties had shown interest to settle the matter out of court.