SOLO FIGHT

The Manual Workers Union has gone to court, accusing the government of bulldozing the appointment of a Public Service Bargaining Council (PSBC) secretary, claiming the decision was forced through an illegal vote and in violation of the council’s constitution.The National Amalgamated Central, Local and Parastatal Manual Workers’ Union has launched a court challenge against the government over the appointment of Andrew Motsamai as Secretary of the PSBC, citing the Directorate of Public Service Management (DPSM), led by Gaone Macholo, as the main respondent.The union says it flatly rejected Motsamai’s appointment and insists that veteran trade unionist Tobokani Rari was its preferred candidate. It argues that the appointment process was flawed, biased and unconstitutional.Speaking to the media, Deputy Chief Executive Officer Robert Rabasimane, said the union supports the establishment of a functional PSBC but cannot accept what he described as a forced and unlawful appointment.He said the union was invited to a meeting on 30 January 2026 to discuss a possible appointment, not to make a binding decision.According to Rabasimane’s founding affidavit, the union attended the meeting on the understanding that it was consultative, as the PSBC had not yet been formally constituted and therefore lacked the authority to appoint a secretary.He alleges that the government unexpectedly tabled Motsamai as its preferred candidate and pushed for a same-day decision through a secret ballot, despite the PSBC constitution requiring consensus rather than a majority vote.The union further claims that the DPSM Director chaired and controlled the voting process, raising concerns over impartiality.The affidavit also alleges that the DPSM Director wrongly claimed she had a casting vote in the event of a tie, a power the union says does not exist under the PSBC constitution.The union says it objected to both the process and Motsamai’s suitability, citing what it described as unresolved allegations of financial impropriety linked to his previous tenure at a trade union.Its representatives later walked out of the meeting, saying they refused to legitimise what they viewed as an unlawful process.Later the same day, the union says it was informed that Motsamai had been appointed by a simple majority vote.However, the application has been strongly opposed by other trade unions.BOPEU President and PSBC Reference Committee co-chairperson, Martin Onalenna Gabobake, has dismissed the court challenge as “meritless”, arguing that the Manual Workers Union has misunderstood the PSBC constitution.In his answering affidavit, Gabobake argues that Rabasimane did not attend the meeting and is relying on hearsay.He maintains that appointing an interim secretary was necessary to get the PSBC operational, as the constitution requires a secretary to convene meetings, admit unions and verify membership.Gabobake further argues that the Manual Workers Union lacks legal standing, as it is not yet an admitted member of the PSBC.Affidavits supporting Motsamai’s appointment have also been filed by BOPEU, BTU, BDU and BOSETU, all of whom say their members urgently need a functioning PSBC to address stalled labour issues.Sources familiar with the meeting say the Manual Workers Union lost the vote, seven to one, after which its representatives walked out. No other union, including Rari’s own, is said to have objected to Motsamai’s appointment.

Explore

More

News

SOLO FIGHT