The Court of Appeal yesterday declared participation of essential services employees in the civil service strike of 2011 unlawful, dealing a severe blow to the hundreds who are affected.Public sector unions had appealed the ruling of Industrial Court President Justice Tebogo-Maruping who had declared the strike by essential service employees illegal.In his judgment before a packed courtroom in Gaborone, Court of Appeal Judge President Ian Kirby said a large number of public officers embarked on a nationwide strike for improved wages on April 18, 2011.
Describing the strike as a watershed development in the history of Botswana, Justice Kirby said never before had operations of the public service been disrupted in this way by industrial action. "Public officers engaged in the provision of essential services also took part in the strike, and this affected, in particular, the delivery of health services," he said. "In due course, on May 6, 2011, the essential service workers were interdicted by the Industrial Court at the suit of the Attorney General from further involvement in the strike on the grounds that their participation appeal has been brought." He observed that the strike was now long over, and it could be argued that the appeal was therefore moot.
