COA reserves Khama, BOFEPUSU judgement

This case emanated from Justice Michael Leburu’s ruling that last year’s four percent wage hike by government would not stop the federation from bargaining for a higher increase or seek redress through a normal court process, rather than on urgency.

BOFEPUSU legal team, South African advocate senior counsel Alec Freund, Mboki Chilisa, Godsglory Ifezue, said refusal to hear the case as an urgent one has had irreversible prejudice on their client, and damning implications if not remedied. Freund said by announcing the four percent salary hike ahead of the 2014 wage negotiations, Khama pre-empted and diminished the bargaining powers of the federation. He further said the ruling was legally erroneous, as it did not prelude the protection of the five trade unions’ right to negotiations founded on good faith. “There is a legally enforceable obligation to negotiate in good faith. No party is allowed to act unilaterally,” he argued.