In the latest matter before the Industrial Court, the union’s faction led by vice president Charles Tsiane has taken sides with BOSETU subsidiary employee, Kabo Bruno Moitoi against secretary-general Tobokani Rari. The move is allegedly meant to curtail Rari’s administrative powers. In an ongoing BOSETU factionalism war in the aftermath of last year's elective congress, Tsiane’s faction has decided to join a civil matter in which Moitoi, a PEUBO employee, has taken the union to court for unfair transfer. The faction, which is the dominant one, has given the employee the ammunition to challenge Rari’s mandate to appoint the power of attorney to represent the union in the matter.
Eleven members of the National Executive Committee (NATEX) have written affidavits to the Industrial Court, tearing apart Rari’s powers to appoint a law firm to represent the union without a resolution passed by the National Executive Committee. Moitoi and some members of the BOSETU NATEX want the court to rule against the union, arguing that Rari has no authority to appoint an attorney on behalf of the union without a board resolution. Moitoi says the 11 NATEX members informed him that Rari has never informed the NATEX about the impending application against the union and only learnt about it through social media. He further argues that the said members have also told him that there was never a meeting of the national executive committee prior to or on January 17, 2025, where his application against the union was reported, deliberated upon and resolutions were taken to oppose it. “There was no other means through which the second respondent (Rari) procured the consent and/or consensus of the first respondent’s (BOSETU) National Executive Committee to oppose the main application prior to post-January 17, 2025,” states Moitoi in his supporting affidavit.
. “The first respondent’s National Executive Committee never expressively or implicitly authorised the second respondent to sign the power of attorney authorising Ramalepa Attorneys to act for and on behalf of the first respondent,” he added. Moitoi says the NATEX believes that the matter would have been resolved amicably without litigation if they believed it was in the best interest of the union to redeploy him. On the other hand, Rari says this latest matter is another attempt by some NATEX members failing to embrace the outcome of the August 2024 election to destabilise the union, particularly since the position of secretary-general wasn't won by a member of their faction. He pointed out that since the elections, these members have consistently placed factional interests above those of the union, refusing to put aside their political ambitions and instead engaging in conduct that undermines the governance and operational stability of BOSETU. Rari said the present application must be viewed in this context—not as a genuine constitutional dispute, but as a continuation of factional battles through the courts, with Moitoi’s case being actively supported by members of NATEX who are determined to frustrate the leadership of BOSETU by any means possible.
“Instead of utilising the proper internal governance structures to address their concerns, these NATEX members have chosen to side with an adverse litigant, supporting legal action against their own organisation in a move that is both irresponsible and detrimental to BOSETU’s stability,” states Rari. He argues that had he waited for a NATEX resolution before appointing legal representation, BOSETU would have been unrepresented in court, exposing the union to a default judgment with potentially severe consequences. The applicant and their supporting NATEX faction fail to consider the long-established practice of BOSETU regarding the management of legal matters, which justifies the actions taken in this instance. Rari says BOSETU has over the years, developed an established and uninterrupted practice in which the secretary-general has been the designated signatory for court resolutions and powers of attorney.
