*Ollyn demands independent board as suspension drama spins out of control
The legal tussle between suspended Board Secretary of Botswana Tourism Organisation (BTO) Kgotso Mile Ollyn has spiralled into a courtroom war, with accusations of judicial bias, unlawful suspensions, and a crippled board taking centre stage.
Ollyn dragged his employer to court this week over disciplinary proceedings that he said should not take place, unless an independent Board of Directors is appointed to preside over the findings of the panel.
A heated exchange between the Block 3 Industrial Court Justice Goodwill Makofi and Ollyn’s attorney Phenyo Sekape resulted in the latter making an application for the judge’s recusal. He argued that the judge was impatient, hostile and seemingly biased towards the respondents, to which the judge responded with a refusal against recusal, but continued with the trial.
Sekape said that he was unable to articulate his client’s arguments because of the attitude of the judge. Makofi dismissed both the recusal application, and the application for contempt of court as filed by the Board Secretary in his main application to interdict the disciplinary proceedings.
In the papers, Ollyn argues that his suspension was unlawful and in contravention of the BTO Conditions of Service and that the Board has prejudged the outcome of the hearing.
Furthermore, he sought an order restraining the respondent from taking any steps intended towards instituting or continuing the purported disciplinary proceedings, given that the initial suspension and subsequent extensions by the minister of Environment and Tourism were flawed and beyond his powers in terms of the Botswana Tourism organization Act 2009, and the BTO’s own Conditions of Service.
Sekape stated that his client was not comfortable with the Board of Directors whom he said are going to make the final decision on whether or not he should be dismissed, since some of them were former board members who initiated the disciplinary hearings and therefore were compromised.
The disciplinary proceeding was scheduled for Tuesday 23rd June, but had to be postponed to a later date since Ollyn was on sick leave.
While Makofi conceded that there was possibility of an injustice being visited upon the applicant, he was uncomfortable with some of the demands he made with regards to the powers of the court to appoint a temporary Board to make a final decision of the findings of the disciplinary proceedings panel.
Among some of the questions that the judge asked were whether the court had powers to appoint a temporary Board of Directors at BTO; where the Board will be conducting its business; and who will foot the bill for their remuneration; whether their decision will be lawful.
It was at this point that the applicant decided not to continue further, and sought the judge’s recusal.
Prior to the heated exchange, BTO attorney Gosego Lekgowe stated that there was no urgency in the matter since Ollyn had plenty of time to approach the court and seek its intervention instead of trying to negotiate with BTO, which negotiation was unsuccessful.
He stated further that the applicant failed to give convincing reasons for his delay, but he has other remedies that he can pursue if he is not satisfied with the outcome of the disciplinary proceedings.
The remedies include seeking a review for wrongful dismissal, Lekgowe argued.
He also noted that the applicant has not clearly stated what he was seeking from the court – the final interdict of the proceedings or temporary interdict, pending the establishment of an independent board.
Justice Makofi will make his final verdict on August 17.
Ollyn was suspended early this year alongside the BTO Chief Executive Officer Keitumetse Setlang on suspicions of unlawful conduct.
