25 May 2025

The Lobatse High Court  on Thursday passed a ruling that Boarding Masters and Matrons are entitled to benefit from C-Band multiple grading and titling positions as provided for in the Directorate of Public Service Management (DPSM) Savingram dated May 30, 2007 and Directive No.6 of 2008.

Justice Matlhogonolo Phuthego passed the judgment in a case in which Ms Kamogelo Lekagane and 104 others had taken government to court over concerns of lack of implementation of multiple grading and titling of the C-band positions as well as lack of implementation of the scheme of service pertaining to them calling for the court to declare such conduct unlawful.

The boarding masters and matrons had contended that government introduced multiple titling and grading of all positions in the C-band through DPSM Savingram dated May 30, 2007 and Directive No.6 of 2008 documents as part of the broader strategy of improving public service capacity. 

Thus a decision was made that all positions at the C-band be multi titled and graded being C1, C2,C3, and C4 to effectively create a pool of posts at the C-band and in addition provide ministries flexibility in the recruitment and filling of such posts.

Through their attorney, Ms Samantha Mbikiwa, they brought before court a complaint that despite their eligibility to benefit as per the savingram and directive, their respective permanent secretaries did not implement the two documents which they noted undermined the objectives which government sought to achieve, that as a consequence they were stuck at one C level for more than 10 years without progression whilst other C-band occupants benefited.

The High Court issued an order declaring unlawful government’s lack of extending the benefits of multiple grading and titling of C-Band positions as provided for in the DPSM savingram dated May 30, 2007 and Directive No.6 of 2008 to Boarding Masters and Matrons. 

Furthermore, the High Court issued an order directing government to implement the multiple grading and titling of posts in favour of the boarding masters and matrons, with retrospective effect, within one month from the date of the court order.

Additionally, the High Court ordered government to place boarding masters and matrons in the positions they would have been in, had multiple grading and titling of posts, as provided for in the DPSM savingram dated May 30, 2007 and Directive No.6 of 2008 been properly applied in their favour. 

The High Court also issued an order directing government to pay the boarding masters and matrons salary arrears that resulted from their exclusion from multiple grading and titling of posts as provided for in the DPSM savingram dated May 30, 2007 and Directive No.6 of 2008 within one month from the date of the court order.

Justice Phuthego stated in his judgment that the Savingram and Directive did not stipulate that officers in the stand alone cadres were excluded from benefitting from the savingram therefore the contention by the defendant (government) that boarding masters and matrons could not claim entitlements to progress every two years from C4 to C1 because the said grades did not exist was not supported by any evidence that the government put before court. 

“The plaintiffs had a legitimate expectation that there would be no discrimination in the application of the savingram and directive in issue of public officers who work for the same government, hold the required qualification and were in the C-band salary scales at the savingram in issue came into effect,” stated the judgment.

Furthermore, Justice Phuthego said government “had the power to put in place a system that could have ensured that the plaintiffs were not disadvantaged more so that they had been absorbed from other cadres where progression was not a problem. 

They should not be given a raw deal simply because they had been employed as boarding masters and matrons.”

“We have fought this battle since 2019 and we registered the case with the High Court in 2021. It was not an easy journey, we have encountered a lot of challenges along the way but we did not give up and in the end we made it,” said Moshupa Senior Secondary School boarding matron, Ms Kamogelo Lekagane in an interview after victory in court. 

She expressed optimism on implementation of the court judgment which she noted was not only victory for them as applicants but was victory for public servants in other cadres who were on C4 scale ceiling. ENDS