BOSETU dismisses BIUST Disciplinary Panel as ‘Kangaroo Court’
BOSETU Secretary General Tobokani Rari has dismissed the so-called disciplinary panel as a kangaroo court that was assembled illegally with the sole intention to come up with a cooked-up verdict of guilt against Dr. Galani.
He said the guilty verdict that the panel arrived at was “predetermined” and an instruction from their masters.
“At the beginning of the hearing we pointed out to the so-called disciplinary panel that they have been illegally assembled, contrary to Article 10.5.1 (ii) of the BIUST Terms and Conditions of Service that points out that ‘Each committee shall consist of the following: Chairperson; Two Management Representatives; Human Resources Official (as Advisor and Secretary); and The Legal Services Official (as Advisor and Observer)’. “The panel was rather made up of all people that are not members of the university, single-handedly picked by the university management without adhering to the above regulated composition,” Rari argued.
He said they brought this to the attention of the panel and asked them to recuse themselves, but they rather chose to ignore this legitimate call and decided to stick on and proceeded with the hearing with the intention to pronounce a guilty verdict as assigned, just as they did.
The union expressed surprise that when the sanction was being read to Dr Galani on Tuesday 9th January 2024 recommending dismissal to Vice Chancellor of the University, the Human Resource Director was standing outside with a letter of dismissal of Dr Galani from the University.
“This no doubt shows that the so –called independent disciplinary panel has always been conferring with the university management. We are therefore not surprised by this outcome, it was expected. As BOSETU, we will leave no stone unturned in this matter, we will fight to the bitter end to protect our shop steward and members of BOSETU at the institution.
“This case is quite fundamental to us as a union, as it is involving fighting corruption to protect public funds. This case involves protecting whistleblowers in exposing heinous acts of crime and maladministration.”
According to Rari if they don’t protect Dr Galani, then other whistleblowers will be intimidated and shy away from blowing the whistle to protect public goods, not only at BIUST but in all other public institutions.
In the case Dr Galani Vs BIUST, Judge Lekorwe has put it succinctly that, “we cannot suppress and muzzle whistle blowing using institutional confidential clauses” Rari quoted.
The union says it will be triggering a process of an alternative dispute resolution mechanism, which will commence with an appeal process that will end up at the Industrial Court and ultimately Court of Appeal if not resolved.