Dr Galani has since launched an application at the Maun High Court, seeking reinstatement to work. In the application filed through his lawyers, Moahi Attorneys, the resolute Galani wants an order declaring that the judgment of BIUST Appeals Committee delivered on September 16, 2024, which nullified his dismissal, is final, valid, and effective in line with Clause 10.2.7 of BIUST Terms and Conditions of Service. Secondly, Galani is seeking an order declaring that Totolo has no power to vary, override, and/or ignore the decision of the BIUST Appeals Committee constituted and appointed in terms of the institution’s current Terms and Conditions of Service which were approved by the BIUST Council on February 24, 2011. Furthermore, he also wants an order directing the University to comply with the judgment of the BIUST Appeals Committee delivered on September 16, 2024, by reinstating him from the date of dismissal without loss of benefit or seniority as per the judgment. Galani is of the view that the respondent together with the legal advisors are mistaken as it relates to the powers of the Vice Chancellor, the provision they seek to rely on to justify the refusal to comply with the Appeals Committee judgment doesn't confer the power they allege. He argues that Clause 10.4.5, which the respondents allege confers power to the vice chancellor relates to recommendations emanating from the Disciplinary Committee not the Appeals Committee.
He also argues that the clause they want to rely on is mistakenly headed as “Final Decision following Appeal”, however the contents therein are clear in that it stipulates thus: “The decision of the Vice Chancellor, based on the recommendation of the University Disciplinary Committee in respect of any disciplinary action, is final.” “The Vice Chancellor duly exercised his powers on January 9, 2024, when he acceded to the recommendation to dismiss me as recommended by the Disciplinary Committee that presided over my hearing. As it relates to Appeals outcome, the Vice Chancellor’s role is limited to confirming the decision of the Appeals Committee, unlike as it relates to outcome of a disciplinary hearing, the Appeal Outcome is not a recommendation to the Vice Chancellor which can be rejected, rather the decision of the Appeals Committee is final and the Vice Chancellor is expected to confirm same upon being notified of the decision without reservations and proceed to implement same,” he argues.
