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Court of Appeal rejects bid to stop bargaining council

06 Nov 2026

The Manual Workers Union has suffered another major legal setback after the Court of Appeal dismissed its urgent application seeking to stop the Public Service Bargaining Council (PSBC) from proceeding with its business.

Justice Cameron, sitting as a single judge of the Court of Appeal, also dismissed the union's application for an expedited appeal, ruling that the balance of convenience favoured the Bargaining Council rather than the union.

The decision represents a second setback for the National Amalgamated Local, Central Government and Parastatal Workers Union (NALCGPWU), commonly known as the Manual Workers Union, following its defeat before the High Court last month.

The latest ruling means that the union has failed in its immediate attempt to halt the Council's operations while challenging the earlier judgment.

The dispute dates back to disagreements over the constitution and operationalisation of the PSBC, particularly the appointment of Andrew Motsamai as its Secretary.

On October 16, High Court Justice Professor Bugalo Maripe dismissed the union's challenge, finding that its application lacked merit. The Court upheld the legality of the Council's constitution and its interim structures, ruling that the union could apply for membership through the established procedures.

Unhappy with the judgment, the union approached the Court of Appeal, seeking to overturn the decision and prevent the Council from continuing its business pending the appeal.

However, Justice Cameron's latest ruling leaves the Council free to proceed, with the union's attempt to secure urgent intervention unsuccessful.

The decision is significant for public officers and trade unions as the Bargaining Council provides the institutional framework for negotiations between Government and organised labour on salaries and conditions of service.

While the substantive appeal remains a separate matter, the latest ruling removes the immediate threat of a court-ordered halt to the Council's proceedings arising from the union's urgent application. ENDS

 

 

 

 

Source : BOPA

Author : BOPA

Location : Gaborone

Event : Court

Date : 06 Nov 2026