High Court Faces Asset Seizure

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High Court Faces Asset Seizure
High Court Faces Asset Seizure

Africa-Press – Botswana. The High Court is staring at the possibility of its movable property being auctioned off after 32 former government drivers won a legal battle to recover over P20 million in unpaid standby allowances.

Scores of drivers at the Ministry of Justice have petitioned Justice Bashi Moesi of the Francistown High Court to direct a deputy sheriff to attach and sell the property of the Chief Registrar of the High Court, Beulah Kgakgamatso Mguni, in her official capacity.

The decision by the drivers to seek an official order follows the state’s failure to settle long-standing claims of drivers who provided services to the judiciary.

They want the writ to direct that property belonging to the Office of the Chief Registrar be seized and auctioned to satisfy the claims, which range from just under P300,000 to more than P1 million per claimant.

Hefty payouts

The largest individual award, P1,000,115, goes to Tshenolo Molefe. Others hefty payouts will go to Chusin Modisawame Tshenolo (P700,000), Boipelo Itshakeng (P910,345), and Mbigani Sechele (P949,220).

Smaller but still significant awards include P279,359 for Simon Khudu and P416,002 for Qabile Phuti.

Altogether, the 32 claimants are owed over P20 million in standby allowances, money that the High Court ruled was unjustly withheld despite their service.

March 2022

The case dates back several years to complaints by drivers that they were entitled to standby allowances for extended working hours but were never compensated.

After years of legal wrangling, the court decided in their favour, ordering the Ministry of Administration of Justice to pay them.

The applicants, Chusin M Tshenolo and 31 others, had filed a claim before Francistown High Court on 23 March 2022 seeking orders against their employer, the Ministry of Justice.

Peculiar circumstances

They asked the court for a declaratory that their peculiar circumstances entitle them to payment of standby allowance.

The employees further stated in their court papers that they are always on 24-hour call, the only exception when on leave.

They averred that they transport judges to and from work during circuit court, undertake other unscheduled trips and are always on call. The unscheduled trips include transporting judges and their families.

The applicants maintained that the respondent is duty-bound to pay them standby allowances similar to drivers of the Ministry of Health (MoH), who enjoy such benefits.

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