23 Apr 2025

The ongoing legal dispute between public service doctors and their employer, the Directorate of the Public Service Management (DPSM), is now under consideration for arbitration, as urged by Botswana Doctors Union (BDU) attorney Dr Baatlhodi Molatlhegi during a court appearance yesterday before Industrial Court Justice Isaac Bahuma.

Dr Molatlhegi said that the matter had persisted for years and proposed that the court exercise its authority under section 20 of the Trade Dispute Act to refer the case to the Commissioner of Labour for arbitration. 

However, before reaching a conclusion, Justice Bahuma suggested that both  applicants and respondents  should engage to find out how the court should proceed. 

Upon reconvening, Mr Virgil Vergeer, representing DPSM and the Attorney General, explained to court that they did not have a mandate to refer the dispute for arbitration. 

Earlier in the proceedings, Justice Bahuma had earlier criticised BDU for issuing a press statement about a temporary order he had issued over the holidays, in favour of the applicants. 

He further inquired whether an application for his recusal, as mentioned in the press statement, would be forthcoming in which  Dr Molatlhegi responded that he had not been given such authorisation.

“It is unacceptable that when an order comes, which is not in your favour, you go to the press,” Justice Bahuma stated. 

He expressed frustration over the union’s decision to utilise the press instead of opting to appeal the ruling, emphasising that court decisions could swing either way and that the union’s statement constituted an attack on his integrity.

The case has been postponed to Friday, alongside an extension of the interim order requiring doctors to resume their emergency call duties. 

Last week, Justice Bahuma issued a rule nisi, mandating BDU members to fulfill their emergency responsibilities. ENDS