Justice Bugalo Maripe has ordered BIUST to reinstate lecturer Dr Malatsi Galani with no loss of benefits or seniority, declaring that the Appeals Committee’s September 2024 decision was final and binding. The judgment, delivered in Maun on Friday, is a stinging rebuke of the university’s decision to disregard its own internal appeal process. Galani had been dismissed by the VC on January 9, 2024, after a disciplinary process that lasted 38 days and found him guilty of several allegations, including wilful access to a complainant’s systems, dishonesty, failure to act in the best interests of the university, and breach of confidentiality. Galani appealed, and on September 16, 2024, the Appeals Committee upheld his appeal, finding that the disciplinary process had not been conducted promptly as required by the university’s terms and conditions of service. It ordered his reinstatement from the date of dismissal, without loss of benefits or seniority. BIUST, however, refused to implement the decision and instead, the university maintained that the VC could disregard the Appeals Committee’s decision and rely on the original disciplinary findings. That position has now been decisively rejected by the High Court, with Justice Maripe finding that the VC was bound by the Appeals Committee’s decision and had no power to simply override it.
“Failure to do so was wrongful and unlawful,” the judge held. The court went further, warning against public and administrative authorities taking the law into their own hands whenever they disagree with a decision.
