Hearing recommends dismissal of Motshegwa

The disciplinary hearing at which the Secretary General of the Botswana Landboard and Local Health Workers Union (BLLAHWU), Ketlhalefile Motshegwa, is defending himself against accusations of being absent from work without leave or reasonable excuse that were levelled against him earlier this month has recommended dismissal from work for the unionist.

Motshegwa is employed as a town clerk at Francistown City Council (FCC). The hearing was chaired by former Vice President of BLLAHWU responsible for collective bargaining and case management, Robert Rabasimane, who is currently working at Lobatse Town Council as Chief Human Resource Administration Officer.It is expected that Francistown City Clerk, Lebuile Israel, will deliver a letter of dismissal to Motshegwa by today (Friday). Israel has been delegated to appoint and discipline, and fire officers in A3-D2 bracket from work. Motshegwa falls in this bracket.During the proceedings, the committee argued that Motshegwa deserted from work without reasonable excuse from 20 August 2014 to 12 May 2015, a total of 181 days. They further argued that his secondment period had long elapsed and he should therefore have resumed duty at FCC.

Sources have informed this publication that the committee relied on a letter written to Motshegwa by the then Director of Public Service Management (DPSM), Carter Morupisi, dated 15 October 2014 responding to communication from the President of BLLAHWU, Samuel Kedise, that BLLAHWU had taken a decision for its Secretary General to resume his duties at FCC with immediate effect.“I wish to confirm as the President of BLLAHWU that we have taken the decision that the Secretary General Comrade Ketlhalefhile Motshegwa should resume duty at the Council with immediate effect pending our negotiations with the Directorate of Public service Management for possibility of extension of secondment,” the letter reads in part. In his defence, Motshegwa - who was accompanied by the Secretary General of Botswana Federation of Public Sector Unions (BOFEPUSU), Tobokani Rari, argued that Kedise had authored the letters while he was not a member of BLLAHWU and its presidency.

It is his considered opinion as he stated that the employer authorized his absence and he is now shocked as to what the employer’s complaint is,” the findings of the committee say. “He further stated that he attends board and bargaining council meetings with the employer, hence the employer is aware of his whereabouts.”  The recognition agreement of 2009 between BLLAHWU and Department of Local Government Services Management (DLGSM) states that an elected official of a union can be seconded for 12 months. “Parties agree that the trade union may submit a written request to the employer for secondment of any employee who is an elected official of the union to its organization for a period not exceeding twelve (12) months,” states Clause 9 of the agreement. By then, DGLSM was deemed to be the employing authority whose powers were later passed on to DPSM upon commencement of the Public Service Act of 2008.

BLLAHWU LIMPING
This latest development means that the union will be operating without some members of the Central Executive Committee (CEC) who were voted at the Mmadinare Congress in 2013. Last year the union President, Samuel Kedise, was suspended from the union after he failed to subscribe for his membership for a period of six months. He was also interdicted from participating in the affairs of the union. Kedise then challenged the matter at the Lobatse High Court where Justice Godfrey Nthomiwa has reserved judgment. Treasurer General Yarobi Motswaiso was also slapped with a suspension for violating the constitution of the union for alleged gross misconduct. She challenged the matter before Justice Terrence Tafa of Lobatse High Court where it is expected to continue next month.
Stated Rabasimane in his recommendation: “The respondent be dismissed from service.

Based on a balance of probability, all the charges laid before Motshegwa have been adequately proved. The respondent showed no remorse or any signs of rehabilitation when given a chance to mitigate. I take this decision considering all factors brought before me, both mitigation and aggravating circumstances despite the fact that the respondent chose not to mitigate.” Rabasimane’s recommendation also awaits a final verdict from Town Clerk of FCC. Should the City Clerk dismiss him, he will cease to be the Secretary General of BLLAHWU and have to vacate his position of Deputy Secretary General of BOFEPUSU. Efforts to contact Motshegwa proved futile at the time of going to press.