Ellis loses with costs
13 Nov 2024
The founding chief executive officer of the National Arts Council of Botswana (NACB) Ms Shombi Ellis has lost her urgent application case with costs.
Ms Ellis had approached the court on urgent basis seeking to interdict termination of her contract by her former employer, which she argued was unconstitutional.
She therefore prayed with the court to order the reversal of the decision and also order her reinstalling.
In his ruling, Justice Tshepo Motswagole of the Gaborone High Court however, indicated that the matter was not urgent.
"I have come to the conclusion that the applicants case is no different from the many cases of dismissal of employees that are pending before courts," he said.
Justice Motswagole further ruled that there was no doubt that the applicant had other alternative reliefs at her disposal, such as review proceedings or action for damages for breach of contract, or other similar reliefs.
"So I conclude that this matter is not urgent and is accordingly struck out, and the applicant shall pay the costs of the suit at ordinary scale," he said.
Justice Motswagole also further indicated that the applicant was at liberty to Institute review proceedings or an action for damages in due course.
ends
Source : BOPA
Author : Olekantse Sennamose
Location : GABORONE
Event : court case
Date : 13 Nov 2024
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