The appeal was yesterday heard as a matter of urgency before Justices Ian Kirby, Isaac Lesetedi and Lord Arthur Hamilton, ending months of dispute between RIPCO and the National Amalgamated, Local and Central Government and Parastatal Workers Union (NALCGPWU). The two parties have been embroiled in a legal battle since late 2012, following the decision by RIPCO to renounce an early exit package agreement the two parties had signed in April 2012. The agreement was signed after RIPCO announced its intention to merge with the Botswana Technology Centre (BOTEC) to create a new entity. RIPCO used Section 37(2) of the Trade Disputes Act, which gives public companies the power to terminate a collective labour agreement, on condition that the notice to terminate will not be served without permission, in writing, of the minister before six months following the day the agreement comes into force.
Yesterday, the CoA upheld Mothobi's judgement and amended it, finding that the repudiation of the agreement, by RIPCO, was unlawful. The repudiation was set aside. The company was also ordered to pay both the costs of yesterday's appeal and the High Court case.Arguing for the appellants yesterday, Advocate Moatlhodi Marumo sought the court to decide the case on the issue of his clients having their statutory power to repudiate the agreement. He argued that in the Mothobi judgement, the case had been decided on the lack of authority of Dr.Matz Mosienyane, who signed the notice to repudiate. Marumo submitted yesterday that there was no evidence that his clients used their discretionary statutory power unlawfully. He argued that their use of the power in Section 37(2) may have been found unlawful if there could be demonstration that they used it with an ulterior motive.
