In its freshest court victory before Justice Jennifer Dube of the Lobatse High Court, the judge interdicted the Botswana Health Professions Council (BHPC) from proceeding with pre-registration examinations of public health practitioners.
BONU approached the courts on urgency last week following the BHPC's decision, which adopted a pre-registration examination requirement against nurses to be declared and thus outside the protection of immunity from suit extended by the Botswana Health Professions Act.
The union wanted the BHPC's decision, which adopted a pre-registration examination requirement against nurses, to be reviewed and set aside.
This followed the BHPC's refusal to register nurses with public health qualifications despite the above criterion never being part of the registration requirement. Justice Dube interdicted the BHPC from proceeding with pre-registration examinations of public health nurses pending the determination of the review application filed on October 13.
Attorney Lesedi Rammika represented BONU while the BHPC made no appearance before court. The BHPC, through Sebego Attorneys, has since stated it will comply with the court order.
“We have noted the court order attached in your letter abovementioned and advise that our client shall comply with same and shall not proceed with the administration of pre-registration examinations of public health [practitioners],” Sebego Attorneys' Phemo Mosweunyane wrote. In August 2021, the Maun High Court ruled in favour of BONU that the BHPC recognise some of its members.
Justice Godfrey Nthomiwa found that the BHPC's decision to invoke bars against BONU members from registration is discriminatory by elitism as well as ultra vires and therefore unlawful.
According to court papers, BONU filed the application on its behalf and on behalf of its members who according to the union are candidate Public Health Practitioners registerable under the Health Professions Act but barred from such registration based on their professional background as nurses.
The refusal of BHPC to consider member nurses of BONU for registration as Public Health Practitioners under the BHPC despite holding qualifications under Public Health prompted the application.
In his ruling, Justice Nthomiwa declared BHPC erroneous for finding nurses who are members of BONU with qualifications of Public Health to be specialist public health nurses rather than public health practitioners. “Consequent to the above, BHPC’s decision to bar members of BONU with public health qualifications from applying for registration as public health practitioners in the allied professions be declared unlawful.
BHPC is ordered to henceforth allow members of BONU with public health qualifications to apply for registration and be considered on merit per the requirements of the BHPA," he said.
