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Trade Unions must forget the so-called ‘labour-friendly judges,’ and rather trust in their numbers to fight for their rights.

The relevance of a trade union can never depend on having friendly judges on its side, as much as law on its own is not a guarantor of protection of the members of the union. Officiating at the 22nd

General Council of the Botswana Bank Employees Union (BOBEU), early this month in Mahalapye, Senior Partner at Monthe Marumo & Partners law firm, Dr. Baatlhodi Molatlhegi urged the trade union fraternity to get back to the basics for the sake of their “just” struggle. He stressed that the union’s relevance and achievements does not now and has never depended on having friendly legislation alone. “Your success is not measured by the fact that you may have the best lawyers in the country or in the world on your side,” he said. Neither is it based on having labour friendly judges. “We welcome such judges but such judges alone are not a solution for your members’ challenges. They are not a substitution for an effective and accountable trade union that is responsive to its members' needs and concerns,” he said.

He cautioned that the latest trend in which some judges in the Industrial Court and in the formal courts “have taken a very individualistic and legalistic approach to labour disputes,” should worry trade unions. He said the courts have passed judgment that undermines collective rights and giving primacy to individual