19 Oct 2026

The High Court has dismissed an application by the National Amalgamated Local and Central Government and Parastatal Workers Union (NALCGPWU), commonly known as the Manual Workers Union, challenging the constitution of the Public Service Bargaining Council (PSBC).

In a judgment delivered on Friday in Gaborone, Justice Professor Bugalo Maripe of Maun High Court ruled that the application lacked merit and must fail.

“It is apparent that the applicant’s entire application has no merit and must fail,” Justice Maripe said, ordering the dismissal of the application and that the applicant bear the costs for the first to the fifth respondents.

NALCGPWU had dragged the Attorney General, six other trade unions, Mr Andrew Motsamai and Mr Tobokani Rari to court, arguing that the composition of the Bargaining Council’s constitution was flawed. At the centre of the dispute was the union’s opposition to the appointment of Mr Motsamai as Secretary of the PSBC.

Justice Maripe found that the real grievance was not the constitution itself, but the appointment of Mr Motsamai.

 He noted that the applicant did not deny in its replying affidavit that its complaint was the appointment.

He said the court was only dealing with a matter geared to assuage the injured feelings of the applicant, whose preferred candidate for secretary had not found favour with the other participants.

Dismissing the argument that the constitution was broken, Justice Maripe said, “The constitution is not broken. All the applicant has to do is to apply for membership. That’s all.”

He said the applicant was punching above its weight by arrogating to itself the power of alpha and omega and insisting that only its participation could save the constitution, without showing what special characteristics it has above other unions.

The court further found that the PSBC constitution was legal and operational, and that even the temporary structures created to operationalise the Council were legal, valid and necessary.

“It would have been impossible for the parties to operationalise the council without the interim structures. They will eventually fall off when the secretaries begin the process of admitting members,” Justice Maripe stated.

Following the ruling, attorney Mr Kago Mokotedi, who represented four of the respondent unions, welcomed the judgment as a victory for the PSBC and for workers’ rights, saying it paved the way for other unions to be admitted and for the Council to commence its business. ENDS