20 Feb 2026

Government has secured what officials describe as a crucial early victory in the escalating legal battle over the appointment of the Secretary of the Public Service Bargaining Council (PSBC).

The High Court in Lobatse on Wednesday dismissed the urgent bid by the National Amalgamated Local, Central Government and Parastatal Workers Union to block the appointment of Mr Andrew Motsamai as PSBC Secretary, clearing the way for government-backed reforms to proceed — at least for now.

The union had sought an interim interdict to restrain the Director of Public Service Management (DPSM) and other respondents from implementing the January 30 decision appointing Motsamai through a secret ballot. It argued that the PSBC was not yet properly constituted and therefore lacked authority to make binding decisions.

However, the court declined to grant urgent relief, effectively allowing the status quo following the January meeting to stand pending full review proceedings.

Background: A Council Long in Limbo

The PSBC, established under the Public Service Act and Trade Disputes Act, is meant to serve as the central negotiating platform between Government and recognised public service unions. For years, however, the council has been effectively dormant amid disputes over its constitution and membership thresholds.

Recent legislative amendments and renewed efforts by the Directorate of Public Service Management sought to break the deadlock and operationalise the council. Government has consistently argued that restoring the PSBC is critical to structured wage negotiations, dispute resolution, and orderly labour relations within the public service.

In recent public statements, DPSM maintained that the January 30 meeting — at which Motsamai was appointed by majority vote — was lawful and aimed at unlocking the long-standing institutional paralysis.

Six unions reportedly supported the process, distancing themselves from the Manual Workers Union’s objections and accusing it of attempting to derail progress at a critical stage in the council’s formation.

Court Battle Far From Over

The applicant union contends that the PSBC Constitution requires consensus, not a simple majority, for binding decisions. It also argues that only a properly constituted council may appoint a Secretary and that the process adopted violated principles of legality and procedural fairness.

Government and supporting unions countered that the meeting was part of lawful efforts to establish the council’s operational structures and that urgency had not been demonstrated to justify an interim interdict.

While the substantive review application challenging the legality of the appointment is still to be heard, Wednesday’s ruling represents what insiders describe as “Round 1” going to Government.

What It Means

The decision signals judicial reluctance to halt the operationalisation of the PSBC at this preliminary stage. It also strengthens Government’s broader push to re-establish structured collective bargaining after years of fragmentation and stalled negotiations.

With the review proceedings still pending, the final outcome will determine whether the appointment withstands constitutional scrutiny. But for now, Government retains the upper hand in a dispute that could reshape public sector labour governance in Botswana. BOPA