The Gaborone High Court dismissed with costs an application by the National Amalgamated Local, Central Government and Parastatal Workers’ Union (Manual Workers Union) challenging the governance arrangements of the Public Service Bargaining Council (PSBC).
In a statement released on October 16, 2026, the Office of the President confirmed that the court dismissed the application in its entirety, upholding the legality of the PSBC Constitution and key aspects of the council’s governance structures.
The union instituted legal proceedings in July 2026, challenging the validity of the PSBC Constitution and elements of its governance, including the appointment of the council’s secretariat.
In his ruling, Justice Bugalo Maripe determined that the Manual Workers Union lacked locus standi (legal standing) to bring the case forward because it was not a recognized member of the PSBC. The court noted that the union had never formally applied for admission to the council, clarifying that signing the constitution did not, in itself, confer membership status.
Furthermore, the court ruled that the PSBC Constitution remains legal and fully operational, affirming the validity of the council’s 4,000-member admission threshold. It also found that the interim structures established to operationalize the council were lawful, reinforcing the existing framework for public service collective bargaining.
The ruling holds significant implications for public sector labor relations. The PSBC serves as the essential platform for negotiations between the Government and recognized trade unions on key matters, including salaries and working conditions.
With the dismissal of the application, the council maintains its mandate to facilitate structured engagement and collective bargaining. The judgment leaves the PSBC’s governance framework intact, providing definitive legal clarity on membership criteria and organizational operations.
The Office of the President confirmed that because the application was dismissed with costs, the union was ordered to bear the applicable legal expenses in accordance with the court’s ruling.
