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Btv Reporter Reinstated

Nthite left court beaming last week after a judgement stated that she be given her full benefits from the date of the termination of her employment.

Judges Monametsi Gaongalelwe, Lord Alistair Abernethy and Mpaphi Phumaphi delivered the judgement. 

The debacle for Nthite started on July 1, 2011 when she transferred to Kasane but only reported for duty on August 1, 2011.  She had stayed in Kasane for 14 days while looking for accommodation, but did not succeed, the court learnt.

The court also heard that on August 15, 2011 Nthite was permitted to travel back to Gaborone to collect her belongings in order to relocate to Kasane.  She was expected back in office on August 23, but did not turn up.  Since she still did not have accommodation in Kasane her supervisor, Sakaeyo Jannie permitted her to remain in Gaborone.

Permanent Secretary for Presidential Affairs and Public Administration Newman Kahiya then suspended her from work on November 1, 2011 on the grounds Nthite absented herself from work.

It is also apparent that Kahiya appointed a Mr. Phagane to conduct an investigation into her conduct.  In his report, Phagane recommended disciplinary action be taken against the appellant for misconduct.

Subsequent to the report, a letter dated January 23, 2012 written by Kahiya, invited Nthite to show cause why disciplinary action should not be taken against her.

In order to reach a justifiable decision, Phumaphi explained the first question is whether Kahiya acted in violation of the principle of natural justice?  Also the second was if the court finds Kahiya acted in violation of that principle it should order that Nthite be reinstated.

“The situation under consideration is that Kahiya was the ultimate supervisor of Nthite in the ministry of Presidential Affairs and Public Administration. He was the one who was empowered to transfer Nthite, discipline her if she became wayward, which could include expulsion from employment as it happened in this instance,” said Phumaphi.

Phumaphi added that it was submitted that Nthite did not have a fair hearing because even the charges she was facing originated from Kahiya himself.  He was already of the view that she had acted out of conduct, said Phumaphi.  The rules of natural justice require that people who sit in judgment of other must not only be fair but also be seen to be fair, he said.

“In my view, Kahiya violated the principle of natural justice.  It is clear that Jannie, who was the immediate supervisor, played a significant role in her continued stay in Gaborone. If he gave her instructions that contradicted those of Kahiya, the blame cannot be put at her doorstep,” said Phumaphi.

Speaking to the president of the Botswana Public Employees Union, Andrew Motsamai, after the judgment, he said, “We are very excited.  It has been a long two years and justice has taken its course.”

Nthite’s former colleague and former Btv newsreader, Brian Dioka, also told The Monitor that, “Justice has been served. It has been a long time coming.”