Botswana Sectors of Educators Trade Union (BOSETU) awaits a judgment in which they have applied for contempt of court against former Director of Public Service Management (DPSM) Goitseone Mosalakatane.

This is in a case in which the High Court Judge Godfrey Nthomiwa ruled that all teachers offering accounts, business studies and other related subjects should be paid scarce skills allowance retrospective from July 2013. The government has since failed to implement the court order hence the contempt proceedings.  In his replying affidavit BOSETU Secretary General Tobokani Rari reiterated that the application for contempt is necessary to the extent that the respondents, that is Directorate of Public Service Management, Mosalakatane and Attorney General, have not fully complied with the order of the court dated March 27, 2019.

“The order was very clear and explicit, that the Respondents were directed to pay all teachers holding Accounting and related qualifications and are actually teaching accounting and Business Studies to be paid scarce skill allowance from 1^st April 2013 to date of payment. I reiterate that the first respondent has complied with that order,” Rari said.

Rari said the order was very clear and explicit, that the DPSM was “directed to pay all teachers holding Accounting and related qualifications and are actually teaching accounting and Business Studies to be paid scarce skill allowance from 1^st April 2013 to date of payment”. The first respondent has not fully complied  with that order in that teachers  who actually  teach accounting and business studies holding the  following qualifications are being denied  scarce skill allowance; Diploma Secondary Education (Accounting and Business Studies), Bachelor of Economics and Management Sciences, Bachelor of Education (Business), BCom Business Management, BCom Education, Baccallaures Commerce (specialising in Accounts), Bachelor of Arts Social Sciences  (specializing in Accounting) and Bachelor of Business  and Commerce (specializing in Accounting). 

“I reiterate that the first respondent has not paid all teachers teaching Accounting and Business Studies scarce skill allowance despite holding accounting or related qualifications and actually teaching accounts and business studies in Government schools.” Rari also said the fact  that the Attorney General’s Chambers  was  vetting  the teachers  who are supposed  to be paid  scarce skill allowance   begs  the question which criteria  did they use, to vet out   “unqualified  teachers”. “The minutes of the vetting exercise have never been produced even to date.”

“I reiterate that the Order of 27^th March  2019 never gave the Attorney General or any respondent the latitude  to engage in some  unilateral vetting exercise using a formula or criteria  only known to themselves about the deserving qualifications to be paid scarce skill allowance. Hence I aver that the first and second respondent are in contempt of the order of this court and must be ordered to pay the teachers who are actually delivering the subject of Accounting  and Business Studies.”

The Secretary General said at the  various  meetings and court appearances  the court made it very  clear  that  it was not happy  that  its order  was not being complied  with and was causing  unnecessary court applications. The current respondents’ attorney was urged to urge his clients to urge them to fully comply with the order.

“Noting that the respondents were intransigent and defiant, the applicant launched the first contempt proceedings which resulted in the Order of 27^th March 2019. This is the order which has not been complied with by first and second respondents.”

Rari said BOSETU has made out a case for the orders sought to be granted. “The applicant will pray for punitive cost order against all Respondent’s conduct has been made cavalier manner and warrants court’s  rebuke and disproval with a punitive cost order,” he added.

Justice Nthomiwa has reserved judgment to February 25, 2022.