The Manual Workers Union has launched an urgent legal application to halt the appointment of Andrew Motsamai as secretary for Botswana’s Public Service Bargaining Council, alleging the process was unconstitutional, procedurally flawed and conducted in bad faith.
The National Amalgamated Local and Central Government and Parastatal Workers Union argues that the government and several other public sector unions unlawfully appointed Motsamai to the post during a disputed meeting on Jannuary 30, 2026.
The union is seeking an interim order to prevent Motsamai from assuming office, pending a full review of the appointment. It contends that the selection violated the council’s own constitution, which requires decisions to be made by consensus, not by a simple majority vote.
The application names 10 respondents, including the Director of Public Service Management, the Attorney General, six other public sector unions, Motsamai, and the bargaining council itself.
The union raised further objections regarding what it described as “unresolved and serious allegations of financial impropriety” from his previous role at the Botswana Public Employees’ Union.
According to a founding affidavit by the union’s deputy chief executive, Robert Ronny Rabasimane, the meeting was called at short notice and presented as a consultative discussion. Instead, the Director of Public Service Management, who is cited as the first respondent , allegedly insisted on an immediate appointment by secret ballot, a method , they argue, not provided for in the council’s governing document.
When the union and others objected, arguing that the council was not properly constituted and that consensus was required, the director reportedly claimed to have a casting vote, an assertion the union calls “patently false.”
The government then nominated Motsamai, who currently serves as a district commissioner in Serowe. The union raised further objections regarding what it described as “unresolved and serious allegations of financial impropriety” from his previous role at the Botswana Public Employees’ Union.
Despite these objections, the appointment was pushed through by majority vote after the Manual Workers Union walked out of the meeting.
In its submissions, the union argues that the appointment process undermines the independence and legitimacy of the bargaining council, a key institution for public sector labor relations. It also claims the move violates constitutional rights to freedom of association and meaningful participation in collective bargaining.
“Any conduct by the State or its officials which undermines binding collective bargaining instruments, disregards agreed governance structures, or imposes outcomes through coercive or unilateral means constitutes a direct infringement of Section 13 of the Constitution and an affront to the supremacy of the Constitution,” the affidavit states.
The union warns that if Motsamai is allowed to take office, it will “irreparably undermine” trust in the council and damage labor relations across the public service.
