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Botswana: 'Debswana 461' Future Bleak
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Mmegi/The Reporter (Gaborone)
18 July 2008
Posted to the web 18 July 2008
Bame Piet
The future of the 461 ex-employees of Debswana, who were fired in 2004 gets bleaker every day, as the resolution to their case continually shifts into the distant future.
It has emerged that the case should have been heard at the Court of Appeal this month but the lawyers for the two parties failed to reach an agreement on security of costs until the 2nd of this month.
The deadline for enrolment of cases at the appeals court was June 20th. This means the case will only be heard during the January 2009 session of the Court of Appeal. The October session has since been set aside.
However, there are accusations flying between BMWU's Lerumo Mogobe attorneys, representing the 461 through Botswana Mine Workers Union and the Acting Registrar and Master of the Industrial Court, Kwena Rammekwa.
The attorneys accuse Rammekwa of deliberately delaying the case by not forwarding records to the Court of Appeal. In a letter written to BMWU on July 10th, their attorneys allege that Rammekwa still had not transcribed the record.
"We can confirm to you as a matter of fact that Registrar Rammekwa, since 05 June 2008, is yet to transcribe and transmit the record to the Court of Appeal. Under this circumstance it would appear that this matter is likely to be heard in January 2009 Court of Appeal session. We indeed are deeply troubled by this," the letter reads.
But on the other hand, Rammekwa accused the BMWU attorneys of not telling their clients the truth. He said the attorneys for both parties could not reach an agreement on the security of costs at a meeting held in his office on June 5th. The meeting was adjourned to the following day on the grounds that they come after having reached an agreement.
"They never showed up. Unless security for costs is paid, we cannot prepare the record of the case to the appeals court. That's the procedure," he stated. He said that the BMWU attorneys have just made an undertaking that they will pay for costs, which was unacceptable to the court. "Security for costs is either paid in cash or you post a bond, but neither was done," he added.
He revealed that on the 2nd of this month his office received the bond from BMWU attorneys but then it was too late for the case to be heard at the Court of Appeal July session. He further stated that he has long transcribed the record of the case, despite BMWU attorneys having not paid the security for costs. He denied accusations by BMWU attorneys that he was deliberately delaying the case.
"I don't blame BMWU for being angry. It is their attorneys who are delaying their case and causing this confusion," he stated.
He said that even the registrar of the Court of Appeal was shocked to hear from him that BMWU attorneys said that he promised them that their case could be squeezed into the July session.
Reached for comment, the registrar at the Court of Appeal confirmed that they still haven't received the record of the case. He said that BMWU attorneys phoned him in connection with the case but he explained to them that the roll for the Court of Appeal was already complete and that the cases were on. He said he further explained to the attorneys that their case could only be heard under exceptional circumstances if they prove its urgency, and show a certificate that they have paid security for costs or that they have posted a bond.
"They never came back to me. As we speak I don't have the record of the case in my office and I don't know the latest developments," he said.
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Motlhabi said that the case may only be put on the roll once they Court of Appeal has its record.
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