Effect given to the recommendations of the committee and the Governing Body - Report No 367, March 2013

Case No 2722 (Botswana) - Complaint date: 24-JUN-09 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 21. The Committee last examined this case at its meeting in March 2011 [see 359th report, paras 16–21]. This case concerns the alleged forced retirement from his post of Mr Japhta Radibe, President of the Botswana Teachers’ Union (BTU) and School Head at Sedibelo Community Junior Secondary School, by the Department of Teaching Service Management (TSM), in order to prevent him from heading the BTU.
2. 22. At its March 2011 meeting, the Committee expressed the view that a clear determination between the BTU and the Government on time-off facilities for the exercise of legitimate trade union activities – which would balance the granting of such facilities with the need for the efficient operation of the educational institution Mr Radibe was teaching – would help to avoid further conflicts in this regard. It therefore requested the Government to engage the parties with a view to achieving a joint negotiated settlement of the dispute, including the possible reinstatement of the trade union leader affected, and to keep it informed in this respect. The Committee also requested the Government to immediately undertake an inquiry into the allegation that Mr Radibe and members of his family are regularly followed and to keep it informed on the outcome.
3. 23. In a communication dated 25 November 2011, the Government states that Mr Radibe appealed the High Court decision of 25 March 2010 which dismissed his application against the TSM for unlawful, unfair and wrongful dismissal. It indicates that Mr Radibe was ordered to pay the sum of BWP30,000.00 (around US$3,714) as security for costs and that, as the appellant failed to do so, the case, which was supposed to be heard in January 2011, was still pending before the Court. In a communication dated 24 May 2012, the Government states that, on 8 May 2012, the Minister of Labour met with Mr Radibe to whom he made the promise that the Permanent Secretary would write to the Commissioner of Police and the Director of Intelligence and Security to bring to their attention the fact that Mr Radibe believed that security agents were following him and his family. Both the Commissioner of Police and the Director of Intelligence and Security have indicated that Mr Radibe was an ordinary citizen with no security threat around him and that he and his family were not under surveillance.
4. 24. The Committee notes the information provided by the Government. With regard to the indication that the appeal by Mr Radibe against the High Court decision is still pending before the Court of Appeal and that the case could not be heard because of the appellant’s failure to pay the sum of BWP30,000.00 (around US$3,714) as security for costs, the Committee expresses its concern that the sum to be paid may constitute an insurmountable obstacle to the judicial process, in particular as the appellant has been without a job for a number of years as a consequence of his dismissal. Moreover, the Committee regrets that almost three years have elapsed since the lodging of the appeal and that a decision is still pending. The Committee urges the Government to take all measures within its power to ensure that the ongoing judicial proceedings regarding the allegedly unfair early retirement of Mr Radibe are swiftly concluded. It requests to be kept informed of the final outcome of these proceedings and of the measures of redress taken, in line with the Committee’s previous recommendations, should the appellant be successful. Furthermore, the Committee notes with regret that it appears that the Government did not engage the parties with a view to achieving a joint negotiated settlement of the dispute, including the possible reinstatement of the trade union leader affected, as previously requested. The Committee is therefore bound to reiterate this request. Finally, the Committee takes note of the information provided by the Government in relation to the allegation that Mr Radibe and members of his family are regularly followed. While noting that both the Commissioner of Police and the Director of Intelligence and Security have indicated that Mr Radibe was an ordinary citizen with no security threat around him and that he and his family were not under surveillance, the Committee requests the Government to ensure the security of Mr Radibe and his family should they or the complainant organization again raise this concern.