Justice Kirby said attorneys for both appellants and unions filed many documents, adding that the case is very complex. He said the date on which judgment will be delivered will be communicated to the parties. Both parties employed high profile senior counsel from South Africa. Leading the arguments for the appellants was advocate Anton Myburgh, senior counsel (SC) assisted by advocate Tembeka Ngcukaitobi. Also fighting in the government's corner was attorney Parks Tafa, Lawrence Khupe and Tshepiso Katse.
On the other side, the unions, through attorneys Mboki Chilisa and Tshiamo Rantao, had engaged advocates Wim Trengove SC, Martin Brassey SC, Alec Freund and Sidney Pilane. The government had appealed Justice Key Dingake's judgment in which he ruled that the dismissal of about 3,000 essential services workers was unlawful. Summarising the appellant's heads of argument and case laws before a panel of five judges, Myburgh submitted that essential services employees are prohibited from engaging in a strike. He said such a strike by essential services workers, particularly health service workers, caused the loss of life in Botswana.
