Gaborone High Court has thrown out former Chief Executive Officer (CEO) of the National Arts Council Botswana (NACB), Shombi Ellis' urgent application against her former employer and ex-minister of Youth, Gender, Sports and Culture, Tumiso Rakgare.
Ellis had urgently approached the court following her dismissal just before the 2024 General Election, seeking to interdict the termination of her employment contract. She argued that her dismissal was not constitutional as she was fired for only refusing to accept corruption. Furthermore, she argued that there was a personal vendetta by former Minister Rakgare to oust her to enable him misuse of public funds.
However, Judge Tshepo Motswagole dismissed her application with costs this morning. In his judgment, Justice Motswagole found that Ellis’s application was not urgent. "I have come to the conclusion that the applicant's case is no different from the many cases of dismissal of employees that are pending before the courts,” Motswagole said. Judge Motswagole said the applicant should explore other ways to seek remedy. “There is no doubt that the applicant had other alternatives reliefs at her disposal such as review proceedings or action for damages for breach of contract or other similar reliefs,” he said.
Motswagole further advised Ellis of her right to appeal the ruling. “So I conclude that this matter is not urgent and is accordingly struck out and the applicant shall pay the costs of the suit at ordinary scale,” Motswagole said. Ellis endured a difficult tenure during her time at the NACB. She was last year suspended indefinitely just six months into her contract on full pay. She was later on reinstated following an investigation into the matter.
However, Judge Tshepo Motswagole dismissed her application with costs this morning. In his judgment, Justice Motswagole found that Ellis’s application was not urgent. "I have come to the conclusion that the applicant's case is no different from the many cases of dismissal of employees that are pending before the courts,” Motswagole said. Judge Motswagole said the applicant should explore other ways to seek remedy. “There is no doubt that the applicant had other alternatives reliefs at her disposal such as review proceedings or action for damages for breach of contract or other similar reliefs,” he said.
Motswagole further advised Ellis of her right to appeal the ruling. “So I conclude that this matter is not urgent and is accordingly struck out and the applicant shall pay the costs of the suit at ordinary scale,” Motswagole said. Ellis endured a difficult tenure during her time at the NACB. She was last year suspended indefinitely just six months into her contract on full pay. She was later on reinstated following an investigation into the matter.
