Court reinstates BFTU president

Gabobake
Gabobake

Botswana Federation of Trade Unions (BFTU) president, Martin Gabobake has triumphed against the federation after the High Court nullified his removal from the BFTU presidency. Justice Michael Leburu of the Gaborone High Court this week set aside the decision of the BFTU Executive Board to remove Gabobake from the presidency and directed that he be immediately re-instated.

Justice Leburu’s decision followed an application made by Gabobake, challenging the federation’s decision to remove him from the position. Gabobake had argued that the meeting that purportedly resolved to remove him as president was not convened in terms of the BFTU Constitution. He also argued that the BFTU Constitution has no provision for a recall, which his removal letter made reference to. Gabobake was successful as Justice Leburu agreed with him that BFTU’s decision was unprocedural because it was done without according him an opportunity to be heard.

According to Justice Leburu, it is contractually ordained and promised in the BFTU Constitution that before an Executive Board member is removed, he/she shall be given an opportunity to show cause why he/she cannot be removed from the Board.

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