BLLAHWU's Motshegwa prevail in Appeals Court
The Court of Appeal has put to the rest the protracted legal battle between Botswana LandBoard, Local Authorities and Health Workers Union (BLLAHWU) and some members of the union.
The members had dragged before court, the union President, Thatayaone Kesebonye and Secretary General, Ketlhalefile Motshegwa over an employment contract for Motshegwa. The Court of Appeal stated in a judgment that the High Court judge correctly observed that there was no reason why the Appellants could not challenge the decision to amend the constitution and the appointment of Motshegwa at the time of the occurrence even while
awaiting the outcome of the appeal in the other matter.
“He also properly found that the declarators sought would be academic with no practical effect as the Appellants were no longer members of the union. The judge was also right in holding that the spirit behind controversy between the parties is the fight for control of the 3rd Respondent, and that would not be resolved through the reliefs sought. It cannot be said that the discretion of the judge a quo was injudicially exercised,” said Jusitce Leatile Dambe.
Appellants sought a number of reliefs for some resolutions and decisions taken by the 3rd and 4th respondent, respectively, be declared unlawful and null and void, and these are: an order declaring that all decisions and actions taken by the 4th Respondent from the 19th June 2020 to the date of that order and his participation in any forums of the 3rd Respondent, in his purported capacity as the Secretary General; an order declaring all decisions and resolutions made at the special congress of the 3rd Respondent held on the 29th October 2021; an order declaring the decision of BLLAHWU Central Executive Committee, made at a meeting allegedly held on the 22nd December 2021, in terms of which it was resolved to appoint the Motshegwa to the position of Secretary General; an order declaring the contract of employment concluded between BLLAHWU and Motshegwa, on or about the 22nd December 2021; and an order setting aside and declaring as null and void the constitution purportedly adopted at the congress of the 29th October 2021 and approved by Registrar of Trade Unions and
Employers Organisation on the 6th December 2021.
Justice Dambe stated that the counsel for the Appellants also submitted that the Appellants had been dismissed for filing their application in the High Court on the basis that in doing so they had brought the union into disrepute and that the declaratory orders sought were bound to benefit his clients because once the actions of the Executive Committee had been successfully challenged it would mean that the committee's actions were a nullity and that would also apply to the Respondents' act of dismissing the Appellants. She said this argument is devoid of merit.