The Court of Appeal has ruled that the contract of employment between Botswana Land Boards Local Authorities and Health Workers Union (BLLAHWU) President Thatayaone Kesebonye and Secretary General, Ketlhalefile Motshegwa is unlawful.
The full bench of Justices Mercy Garekwe, Singh Walia and Isaac Lesetedi heard the matter in which the union’s 1st Vice President, Nicholas Mothelesi and Treasurer- Baone Seloka, were against Motshegwa’s contract renewal.
The complainants had lost the case last year in August.
Motshegwa was elected to the SG position in 2010 and was further re-elected in 2013.
He was fired from Francistown City Council the same year and his membership with the union was terminated since he was not working for any union affiliate.
The Central Executive Committee (CEC) at the time then appointed him on interim basis before his contract ended on June 30th, 2020.
According to the complainants in the matter, Mothelesi and Seloka, the Union President Kesebonye called a special meeting on the 19th of June 2020 and proposed to retain Motshegwa but the three CEC members were against the idea.
Their argument was that the SG was a non-union member and that renewal of his contract would be a violation of the constitution.
Article 17.1.2 states that the CEC shall hold office for a period of three years and with a limit of two terms.
Motshegwa has been holding the position for 10 years contrary to the constitution.
At the meeting, according to the court documents, six members were present except for Motshegwa as the meeting was about him.
Kesebonye suggested that they vote since some were against his motion and Mothelesi, Seloka and Vice President 2- Boemo Bato, voted against the motion while the other two CEC members supported it.
The union President also voted forcing a 3-3 tie and used the casting vote to break it in favour of Motshegwa, an act that the concerned applicants believe is against the constitution as the president was not supposed to vote twice.
“To therefore seek to extend the 2nd respondent’s term even further by giving him a 5 years contract, is not supported by the dictates of the union’s constitution. The 5 year term in and of itself runs foul Article 17.1.2 which stipulates that a CEC office bearer shall hold office for a period of three years. Kesebonye has no mandate or power to impose conditions of employment in a contract of SG unless such conditions have been approved by the governing council as per Article 16.2.6 of the constitution. The job contract signed between Kesebonye and Motshegwa is declared unlawful therefore null and void,” the court ruled.
Court further ordered the union and Motshegwa to pay the costs of this application on a party and party scale.
