Elsewhere in this edition, we carry a story in which government has been ordered to pay local businessman, Bakang Seretse, P50 million. This being interest accrued when his funds and those belonging to his companies were restrained by the State since 2017 on allegations of proceeds of crime.
High Court Judge, Michael Leburu, said it was a fallacy for the State to say the funds being interest from the funds taken from Seretse and his companies, Khulaco (Pty) Ltd, M & B Properties (Pty) Ltd, belonged to the bank not him to play claim to it.
The story presents baffling yet wasteful realities under the previous regime. While litigation by governments is important for upholding the rule of law, ensuring accountability, and fulfilling legal obligations, government should weigh the options and consider the losses associated with its decisions. The government has been criticised for orchestrating unnecessary pressure on the public purse by starting needless litigations that could be easily avoided. Even President Duma Boko has set the tone, issuing a direct order for the State legal teams to desist from litigating against citizens in cases where government is clearly in the wrong. This is because government ends up losing millions in legal suits, money that could be utilised somewhere to benefit citizens.
However, it is baffling that less than a month since Boko’s utterances; government is already in court, fighting its employees after it took doctors to court over emergency call allowance. Although, the government found it fit to approach court on the matter, it was needless to do so, especially looking at the fact that doctors never said they were striking.
Doctors, like other essential workers should be listened to. Their grievances come a long way, and if government is serious about improving the healthcare system in the country, doctors’ conditions of service must be taken seriously. We understand that the ‘purse is empty’ but just like government saw it fit to increase pensioner’s allowance, it should find ways to resolve its issues with the doctors in a way that would be appreciated by both parties.
There are too many landmines, but as a new government, the courts should be the last places to go to, especially for dispute resolution. President Boko has admitted that doctors’ demands are reasonable, as such his government will be doing all in its power to make sure that they march together in unison with the doctors. A happy civil service will definitely lead to a better healthcare system and a thriving economy.
We urge the new government to avoid the previous regime’s pitfalls and find ways to resolve issues with its people. It is important to get priorities right. The courts will not help bring solutions to the real issues facing this country.
“Often the best approach when it comes to reducing the risk of litigation and government enforcement proceedings are to take proactive steps to prevent them before they even happen.”
– Unknown