31 Mar 2026

The Court of Appeal has struck out an appeal in a long-running public sector wage dispute, ruling that the matter has been overtaken by events following a negotiated settlement between Government and unions. 

In a judgment delivered on Friday, the Court found that a comprehensive salary agreement reached in October 2025 rendered the appeal moot, with no practical issues left for determination. 

The appeal had been filed by six unions, including the Botswana Public Employees Union (BOPEU), Botswana Teachers Union (BTU) and Botswana Sectors of Educators Trade Union (BOSETU), who challenged Government’s earlier decision to conclude a separate wage agreement with the Botswana Landboards and Local Authorities Health Workers Union (BLLAHWU). 

The dispute dates back to mid-2025 salary negotiations between Government and public sector unions under the Public Service Bargaining Council framework. 

During those negotiations, BLLAHWU broke away from the broader union coalition and entered into a separate agreement with Government in June 2025, securing salary adjustments for its members ahead of other unions.

 Government subsequently implemented the agreement through a Public Service Management directive issued on June 30, 2025. 

The move triggered objections from the remaining unions, who argued that the process undermined collective bargaining arrangements and created disparities within the public service. 

In July 2025, the unions approached the Industrial Court seeking urgent relief, including an order to halt implementation of the BLLAHWU agreement and to compel Government to resume negotiations on a collective basis. 

The Industrial Court initially granted interim relief to preserve the status quo but later declined to grant substantive orders sought by the unions. 

In its ruling, the Court found the matter only marginally urgent and discharged the interim relief. Dissatisfied with the outcome, the unions escalated the matter to the Court of Appeal, arguing that the Industrial Court had erred in failing to intervene decisively in the dispute. 

While the appeal was pending, Government and the unions resumed negotiations in October 2025, culminating in a comprehensive collective agreement on public sector wages. 

The agreement brought all parties into alignment and was subsequently implemented across the public service. In its ruling, the Court of Appeal held that the settlement effectively resolved the dispute, leaving no live issues requiring adjudication. 

The Court emphasised that it does not determine matters where no practical relief can be granted, unless issues of broader public importance arise. 

It further noted that any remaining concerns, including disputes over the accuracy of negotiation records, fall within the jurisdiction of the Industrial Court.

The Court ordered that the appeal be struck out, with each party bearing its own costs. 

The case highlights tensions that emerged during the 2025 wage negotiations, particularly around the conduct of collective bargaining and the implications of separate agreements within a multi-union framework. 

It also underscores the role of negotiated settlements in resolving labour disputes, with the Court reaffirming that litigation may fall away once parties reach agreement outside the courtroom.ENDS