The High Court has temporarily stopped the restructuring exercise at Sir Ketumile Masire Teaching Hospital following a legal challenge by the Botswana Nurses Union (BONU).
In a ruling delivered by Justice Michael Motlhabi , the court granted an interim interdict restraining the hospital from proceeding with the restructuring process pending the outcome of a separate case before the Lobatse High Court.
The legal battle stems from the government’s decision to transition the hospital from a private institution into a public healthcare facility. BONU challenged the hospital’s implementation of the restructuring exercise, arguing that management had failed to honour a Memorandum of Understanding signed between the union and the hospital on March 19, 2026.
According to the ruling, the main dispute before Justice Mokibe in Lobatse seeks a declaration that the agreement between the two parties is “binding and enforceable”.
Justice Motlhabi noted that the litigation involved decisions made at two levels -the government’s broader policy decision to convert the hospital into a public institution and the hospital’s subsequent move to implement the restructuring exercise.
“What Botswana Nurses Union impugns is Sir Ketumile Masire Teaching Hospital’s decision to implement the restructuring exercise pending finalisation of the declaratory relief,” the ruling states.
“The High Court has now intervened to preserve the integrity of the pending proceedings and to ensure that the matter before the Lobatse High Court is not overtaken by events before it is heard and determined,” the union said.
In a statement issued after the judgment, BONU welcomed the court’s intervention, saying the ruling was a significant step towards safeguarding fair labour practices and procedural fairness.
“The High Court has now intervened to preserve the integrity of the pending proceedings and to ensure that the matter before the Lobatse High Court is not overtaken by events before it is heard and determined,” the union said.
BONU argued that the Memorandum of Understanding was intended to establish a structured framework for consultation and engagement between the hospital and the union during the restructuring and transition process.
The union maintained that SKMTH was obligated to meaningfully consult workers before implementing measures affecting employees.
“However, despite the agreement and pending court proceedings, SKMTH proceeded with the restructuring exercise as though the agreement was not binding,” BONU said.
The union further called on members to remain calm and disciplined while the legal process unfolds.
“BONU remains committed to constructive engagement and meaningful dialogue in the interests of both employees and the continued delivery of healthcare services to the people of Botswana,” the statement added.
