..to address nurses concerns
GAZETTE REPORTER
The High Court has blocked the restructuring exercise at Sir Ketumile Masire Teaching Hospital (SKMTH).
In a ruling delivered by Justice Michael Motlhabi, the court granted interim relief restraining SKMTH from continuing with its restructuring process until the main dispute is finalised in the Lobatse High Court.
The case pits the Botswana Nurses Union (BONU) against SKMTH in a dispute over whether the hospital can proceed with structural and administrative changes while a related contractual matter remains pending before another court.
At the centre of the matter is a Memorandum of Understanding (MoU) signed on 19 March 2026 between BONU and SKMTH, which the union argues is binding and requires meaningful consultation before any restructuring affecting employees is implemented.
DISPUTE
According to court records, the dispute unfolds on two levels. First, the Government of Botswana, as shareholder, initiated a policy shift to transition SKMTH from a privately managed institution into a public healthcare facility. Second, SKMTH moved to implement restructuring measures arising from that transition—an action now frozen by the court.
Justice Motlhabi noted that BONU is not challenging the broader policy decision, but SKMTH’s implementation of restructuring “pending finalisation of the declaratory relief” before Justice Mokibe in the Lobatse High Court under Case No. CVHGB-000913-26.
That matter seeks a declaration confirming whether the March 2026 MoU is legally binding and enforceable.
INTERDICTED
In its ruling, the High Court found that allowing the restructuring to proceed could prejudice the outcome of the pending case, justifying an urgent interdict.
BONU welcomed the ruling, describing it as a safeguard for workers’ rights and procedural fairness.
In a statement, the union said: “The Court granted interim relief restraining Sir Ketumile Masire Teaching Hospital from proceeding with the restructuring exercise pending determination of the main matter before the Lobatse High Court.”
The union argued that the MoU was intended to establish “a structured framework for consultation and engagement” during the transition process, adding that SKMTH had proceeded “as though the agreement was not binding.”
BONU said the court intervention preserves the integrity of the pending proceedings and ensures the matter is not overtaken by events.
The union also called for calm among members, saying it remains committed to dialogue and cooperation while the legal process continues.
“BONU remains committed to constructive engagement and meaningful dialogue in the interests of employees and the continued delivery of healthcare services to the people of Botswana,” the statement said.