BONU interdicted from increasing membership subscription

 

Botswana Nurses Union (BONU) Central Executive Committee has been interdicted from increasing subscription fees for their members.

On the 19th of February 2024, the Central Executive Committee (CEC) announced that membership subscriptions will be increased from P100 to one percent of basic salary as at 1st April 2024. Six members of Gaborone branch approached the court to interdict the CEC decision to increase membership subscription.

In his judgement, Justice Reuben Lekorwe stated that the applicants’ disapproval of the CEC’s decision to increase the subscription does not stem from lack of need for such. He said it arises from elsewhere and it is their case that the said decision is unconstitutional.

“They aver that the decision to increase membership subscription fees has been reserved for the body higher than the CEC, that is; the AGC. For that reason, the applicants’ position is that the CEC’s decision is reviewable.

“The applicants assert that they have a clear right. It is stated to be the right to defend the constitution of the first respondent (BONU) and contribute to the maintenance of the union’s standards of behaviour, organisation and discipline,” the judge said.

Justice Lekorwe indicated that the applicants aver that they stand to suffer irreparable financial harm if the respondents are allowed to implement their unlawful decision.

“According to them, they have financial commitments which stand to be affected by the deduction of the inflated subscription fees.

On the other hand, it is averred, the respondents would suffer no harm if interdicted as the first respondent still receives monthly subscriptions from members,” the judge said, adding that the applicants aver that there is no alternative remedy that they may explore as the union has clearly expressed the resolve to implement the decision effective April 1st 2024. He said on why they are seeking relief as a matter of urgency, the applicants say they were only informed of the decision to increase subscriptions on the 26th February 2024. Its effective date is imminent.

“Now, have the applicants set forth explicitly, circumstances that render this matter urgent? I am more favourably inclined to the applicants' version that the decision to increase the membership subscription fees was made at the earliest, on the 26th February 2024.

“It could not have been announced to the applicants before then. The respondents' version that it was communicated on the 19th of February 2024 is intrinsically false. That version is belied by the very contents of the same letter forming the basis of this application,” the judge found.

"If I accept, as I must, that the impugned decision was announced on the 26th February 2024, it cannot be said, by any stretch of fancy, that an application that comes two weeks later is unconscionably late.

“In any event, the applicants have taken the court into confidence in terms of what they did between the day the CEC decision was announced and when this application was filed. The implementation date, that is; 1st April 2024 is upon the applicants. In my view therefore, the applicants have complied with the first limb.”

The judge stated that the applicants therefore, in the totality of the circumstances, have made a case for the interim interdict sought. "I have noted that the way the applicants have couched their prayer for an interdict. They somehow want to gain a declaration of unconstitutionality and unlawfulness of the decision complained of through the backdoor. The issue must properly remain one for the review court,” Judge Lekorwe said.