Court stops BONU from increasing subscriptions
Goitsemodimo Kaelo | Tuesday April 9, 2024 11:11
This follows the resolution by the union’s executive committee (CEC) to increase membership subscription from a fixed amount of P100 monthly to one percent of a member’s salary or P200 for members without a deduction code at the end of February. The increment was to take effect from April 1, 2024.
It seems the decision to increase the membership subscription did not go down well with some members of the BONU who approached the court to interdict the union and its president, Peter Baleseng and secretary general, Lebogang Phillip from implementing the increment.
The applicants in this matter are Unangono Modo and Jabalane Montsho (suspended chairperson and secretary for Gaborone Branch and Region 1 respectively), Ishmael Magogodi, Kelebogile Molatlhegi, Cynthia Monei and Boitumelo Kamanga. According to court papers, the applicant’s impugn this decision arguing that it is contrary to the union’s constitution.
The applicants complain that the CEC has committed a constitutional wrong by arrogating to itself the powers that properly belong to the Annual General Conference (AGC). However, the Baleseng and Phillip believe the constitution empowers the CEC to run the affairs of the union in between the annual conferences which may include increasing membership subscriptions.
They aver that the union has been operating on a budget deficit for several financial years and not raising the subscriptions could widen the deficit to P5 million. They argued that this is a lot compared to the paltry amounts to be deducted from the applicant's salaries. In a ruling delivered on March 26, Judge Lekorwe ordered the CEC or any officer or structure purporting to represent the union against implementing the decision pending the final determination of the review proceedings launched by the applicants. Judge Lekorwe agreed with the applicants that they have the individual right to defend the constitution of the union.
He agreed that the applicants have a prima facie right. “I do not know how else an illegality of the nature I’m presently concerned with can be repaired other than stopping it in its tracks,” stated Lekorwe in his ruling. Furthermore, the judge agreed with the applicants that on the balance of convenience, the increment immediately would definitely alter the applicants’ financial positions. “The respondents have kept up with the P100 subscriptions for a number of years and surely it can wait for a few more months or even a year when the parties’ rights are still under judicial enquiry,” the judge stated.