The government is under fresh legal fire after failing for nearly three years to pay over P20 million in standby allowances to 32 judges’ drivers
GAZETTE REPORTER
The government is under renewed legal pressure after failing for nearly three years to fully comply with a High Court order to pay more than P20 million in standby allowances owed to 32 drivers serving judges.
Attorneys representing the drivers, Olatotse Solomon Attorneys, have served a statutory notice on Deputy Registrar and Master of the High Court, Maggie Rampha, and the Attorney General, warning that they will seek a writ to compel payment if the matter is not resolved within 30 days.
ORIGINS OF THE DISPUTE
The dispute dates back to a November 18, 2022 judgment by the Francistown High Court, which ruled in favour of the drivers. The court declared that their “peculiar circumstances” entitled them to standby allowances, directed that they be treated equally to drivers employed by Industrial Court judges, and instructed the government to implement provisions of the government’s Green Book conditions of service. Retrospective salary payments dating back to 2003 were also ordered.
CONTINUED NON-COMPLIANCE
Despite the ruling, the state has repeatedly failed to comply, according to the drivers’ lawyers. “Three years passed without the Respondents complying with the Court Order,” they said. Even after a follow-up application to report non-compliance was determined in August 2023, the government allegedly continued to ignore the order.
A contempt application was subsequently filed, resulting in a contempt order. While authorities later provided calculations and paid a portion of the owed sums, the balance remains outstanding.
WRIT OF EXECUTION PENDING
On September 1, 2025, the drivers applied for a writ of execution to attach government property. However, the application has yet to be signed or rejected by the Assistant Registrar. “To date the writ has not been signed or rejected and the balance remains unpaid,” the attorneys said.
SUBSTANTIAL SUMS OWED
The 32 drivers are owed varying amounts, ranging from just under P300,000 to over P1 million each. The largest award of P1,000,115 is due to Tshenolo Molefe, while others such as Boipelo Itshakeng (P910,345) and Mbigani Sechele (P949,220) are also owed substantial sums.
DRIVERS’ PLIGHT
Frustrated by delays, the drivers last year petitioned the Francistown High Court seeking permission to attach and auction property belonging to the Office of the Chief Registrar to recover their money. They argue they were effectively on call 24 hours a day, transporting judges to court circuits, official duties, and unscheduled assignments, including trips for judges’ family members.
The drivers maintain that other government departments, such as the Ministry of Health, provide standby allowances under similar working conditions.
The standoff places the Ministry of Justice and Correctional Services in an awkward position, accused of defying orders issued by the very courts it administers.
If the government fails to act within the statutory notice period, the drivers will return to court seeking an order compelling officials to execute payment.