Motsamai, Manual Workers leaders clash over injurious remarks’

The development follows allegations by Manual Workers Union representative, Robert Rabasimane and the union’s consultant, Johnson Motshwarakgole, who claimed that Motsamai was not fit to hold office due to what they described as unresolved and serious allegations of financial impropriety in his previous tenure at the Botswana Public Employees Union (BOPEU). The allegations were contained in Rabasimane’s founding affidavit and were further echoed by Motshwarakgole during a press conference held on February 2. The Manual Workers Union has already approached the High Court on an urgent basis, filing a notice of motion against the Director of Public Service Management, six trade unions, Motsamai and the PSBC.

The union seeks an interim interdict halting the implementation of Motsamai’s appointment pending the finalisation of review proceedings challenging the lawfulness, validity and constitutionality of the decision. It argues that Motsamai’s appointment is unlawful, contending that it was made during an ad hoc meeting convened outside the constitutional structures of the PSBC. However, Motsamai has strongly rejected the allegations levelled against him, insisting that they amount to character assassination.

Through his attorney, Kago Mokotedi of Otto Itumeleng Attorneys, Motsamai has also issued a demand letter to the Manual Workers Union’s lawyers, calling for an immediate retraction and expungement of the remarks. In the letter, Mokotedi refers specifically to averments made at paragraph 37 of Rabasimane’s affidavit, which state that there were unresolved allegations of financial impropriety arising from Motsamai’s time at BOPEU. Mokotedi argues that these claims paint his client in a bad light and are inaccurate and misleading.

[paywall]

“Your client stated that ours lacks integrity. The above statement and the contents of your client’s affidavit are injurious, malicious and defamatory,” reads part of the letter. Mokotedi further notes that Motshwarakgole compounded the alleged defamation by publicly questioning Motsamai’s integrity during the February 2 press conference.

According to Mokotedi, Motsamai voluntarily relinquished the BOPEU presidency in 2017 and was never the subject of any criminal investigation. He said investigations conducted by the Botswana Police related to companies engaged by BOPEU’s commercial arm, Babereki Investments (Pty) Ltd. “The investigations were completed on August 4, 2022.

Our client was never a subject of investigation, as appears in the police report addressed to BOPEU,” Mokotedi stated, adding that Motsamai has since been successfully vetted and is a fit and proper person to hold his current position. Motsamai has also filed an affidavit responding directly to the allegations, describing them as baseless and an abuse of court process. “I earnestly aver that to attack my personal character and repute in these proceedings is an abuse of court process and borders on frivolity,” Motsamai stated.

“I have no financial impropriety or scandal with BOPEU. My integrity is intact, and I have not been accused of any criminality or wrongdoing,” he further said.

[/paywall]