Former Mupane Gold Mine workers face renewed uncertainty over their long-awaited terminal benefits following a recent High Court ruling that has stalled the liquidation process.

In a statement issued this week, the Botswana Mine Workers Union (BMWU) said it was “disheartened” by the judgment delivered by Justice Reuben Lekorwe on October 13, 2025, which interdicted the Mupane Gold Mine liquidator and the approved bidder, Nova Africa Resources (Pty) Ltd, from proceeding with the sale of the mine’s assets.

The ruling came after Ulsan Botswana (Pty) Ltd, an unsuccessful bidder in the liquidation process, lodged an urgent application challenging the sale on procedural grounds. Ulsan Botswana alleged that the liquidator had failed to comply with its own prescribed procedures in handling the sale.

However, the union expressed strong disagreement with the court’s decision, arguing that the judgment has caused “exceptional hardship” for former mine workers whose payments have already been delayed for more than a year. The union warned that the development could mirror the 2016 BCL Mine collapse, where hundreds of employees left empty-handed after the company’s liquidation.

“The effect of this judgment is that it has caused exceptional hardship on former employees of Mupane Mine and the Union, in that payment of their terminal benefits will be further delayed by the protracted case,” said BMWU General Secretary Mbiganyi Gaekgotswe.

“It is unfortunate that the bidder who is litigating was not willing to pay employees’ terminal benefits, while the one being interdicted had undertaken to settle all outstanding salaries,” said Gaekgotswe.

The union also expressed concern that it might be forced to bear the costs of the liquidation as the original petitioner in the matter.

Justice Lekorwe ruled that it was unnecessary for Ulsan Botswana to include creditors, such as the union, in its court application, stating that they were “neither substantively nor directly affected.” He further held that any actions by the liquidator were to be regarded as actions taken on behalf of the creditors.

But the BMWU disagreed, insisting that creditors had rightfully approved Nova Africa Resources as the preferred bidder because the company had undertaken to pay all liabilities of the estate, including workers’ terminal benefits. Ulsan Botswana, the union said, made no such commitment.

“It is unfortunate that the bidder who is litigating was not willing to pay employees’ terminal benefits, while the one being interdicted had undertaken to settle all outstanding salaries,” said Gaekgotswe.

The union is now appealing to the Government of Botswana to intervene in the matter to protect workers’ interests and ensure that former Mupane employees are paid without further delay.

“We plead with government and especially Ulsan Botswana to abandon their litigation proceedings and concede to Nova Africa Resources as the successful bidder,” the statement added. “Alternatively, Ulsan Botswana should make the same guarantee to employee creditors as Nova Africa did.”

The BMWU fears that continued litigation will prolong the liquidation process indefinitely, deepening the suffering of ex-workers and risking a repeat of the BCL crisis that left hundreds destitute nearly a decade ago.