UB Academics and Senior Support Staff Union dispute finally settled
The Court of Appeal has ordered the University of Botswana Academics and Senior Support Staff Union ( UBASSSU) to constitute an inclusive interim Executive Committee by the warrying factions.
This is after UBASSSU and Chairman Dr. Kaelo Molefhe withdrew the court application filed with the appeals court which was to be heard in the October session. Dr. Molefhe has since joined Office of the President as Director of Governance.
UBASSSU has since early last year been in court where warring factions - one led by union Chairperson Dr. Molefhe and the other by chairmanship aspirant Motsomi Ndala Marobela – are fighting over the holding of an Extra- Ordinary Congress to elect new leadership of the union.
The Extra- Ordinary Congress was to be held in June last year after two members of the unions won a case against Dr. Molefhe at the High Court. Dr. Molefhe had sued the duo for organising to convene an extra- ordinary congress to elect new leadership.
The union National Executive Committee ( NEC) led by Dr. Molefhe had applied to the court seeking an interdict against chairperson aspirant, Marobela and Keoneng Magocha, from convening an extra- ordinary congress of the union.
After losing the case Dr. Molefhe appealed the judgement issued by Justice Gabriel Komboni. He sought permanent stay of execution of the judgement pending the hearing of the appeal.
A panel of Court of Appeal judges has now ordered that the interim Executive Committee be constituted comprising the three remaining members
of the existing Executive Committee plus three other members to be named by Marobela and Magocha.
The panel stated that for the avoidance of doubt the current acting Chairman William Sentshebeng shall chair the interim committee.
“Kealeboga Dipogiso shall be the Executive Secretary of the interim Committee. Gobakwe Gaogane shall remain as treasurer of the interim committee.
The interim committee shall take office as soon as it is constituted by the addition of the three nominees.
“The interim committee shall convene an Elective Biennial Congress in terms of the 1st Appellant ( UBASSSU)’ s Constitution on or before 15th March 2021,” reads the order by agreement handed down by Court of Appeal
President Ian Kirby together with Justices Isaac Lesetedi and Abednego Tafa.
The court also ordered that the interim committee shall determine the procedure for the conduct of the elections and a new electoral officer shall be elected at the congress in terms of clause 9.8 of the union’s constitution.
Early last year in a notice that was communicated by Magocha to union members he explained that they were calling the Extra Ordinary Congress, by re- issuing the notice of 16th April 2019.
He stated that in accordance with UBASSU constitution, they invoke Article 10, Clause 10.1.2 which states, “The Extra Ordinary Congress shall be convened at the request of at least 25 percent of the general membership stating explicitly the reason for such Congress”.
“The mandate of the old Executive Committee elapsed on the 19th February, 2019 where it was dissolved during the Extra Ordinary Congress. As a result of failure to elect a new committee, UBASSSU has been left without a Union Leadership resulting in a leadership vacuum.
“Leadership paralysis is not good for the welfare of general membership and day to day Union business.
The situation is therefore dire and calls for immediate election of a new Union Leadership,” said Magocha in the notice to members at the time.