Manual Workers Union loses Motsamai case with costs

In its judgment delivered last Thursday, the court found that the union failed to establish a substantive legal right to challenge the decision, effectively clearing the way for the operationalisation of the council.

The Manual Workers Union had approached the court on an urgent basis, requesting an interim interdict to prevent Motsamai’s appointment pending a review of the matter. The union had taken the director of Public Service Management, Attorney General, Botswana Teachers Union, Botswana Public Employees Union, Botswana Sectors of Educators Trade Union, Botswana Land Board and Local Authorities and Health Workers Union, Botswana Nurses Union, and Botswana Doctors Union and Motsamai to court, arguing that their decision to appoint Motsamai was unlawful. The union argued that the appointment was irregular and sought to suspend its implementation until its concerns could be properly ventilated.