The High Court had ruled that DIS officers are entitled to benefit from multiple grading and the adjustment of the C-band salary scale
GAZETTE REPORTER
In what appears to be a direct challenge to President Duma Boko’s recent directive discouraging state litigation against citizens where government is at fault, the Directorate of Intelligence and Security (DIS) has filed an appeal against a High Court ruling that favoured its own officers.
The court had ruled that DIS officers are entitled to benefit from multiple grading and the adjustment of the C-band salary scale.
However, DIS and Directorate of Public Service Management (DPSM), through the Attorney General, have opted to take the matter to the Court of Appeal, arguing that the High Court erred in its interpretation of the relevant employment frameworks.
Clearly in the wrong
Media reports indicate that President Boko issued the direct order calling on government legal teams to desist from litigating against citizens in cases where government is clearly in the wrong.
“This is a standing instruction to all government legal teams that (they) do not litigate against a citizen where you have clearly wronged the citizen,” he reportedly said at the High-Level Business Engagement Forum recently. “Do not litigate but settle. This is the approach going forward.”
In the judgment by Justice Zein Kebonang of Gaborone High Court, over 400 officers were granted a default judgment against the directors of DIS, DPSM and the Attorney General for salary back pays.
The whole judgement
This was after they took DIS to court challenging the decision of the employer not to implement the multiple grading and titling of the C-band scale as per Directive No.6 of 2008.
The decision by DIS to challenge the High Court judgement comes amid another High Court judgement in which Justice Matlhogonolo Phuthego of Lobatse High Court ruled that boarding masters and matrons are entitled to benefit from C-Band multiple grading and titling positions as provided for in the Directorate of Public Service Management (DPSM) Savingram dated May 30, 2007 and Directive No.6 of 2008.
In the current application before the Court of Appeal, the appellants namely, Attorney General, DPSM and DIS, “complain of the whole judgment of the High Court” that was delivered by Justice Kebonang.
Discretion
“The claim of entitlement to multiple grading and titling of C-band (which Appellant claimed to have paid the Respondents), is a clear dispute of fact on which evidence ought to have been led,” stated the application for appeal.
According to the state’s application before the Court of Appeal, “the Orders of the Court remain unenforceable as the Respondents ‘s case was for an unliquidated claim and there is nothing before the court that speaks to payment breakdown of each Respondent”.
It further states: “Application of the directive is in the discretion of the Appellants and the Appellants have justly applied the same directives and savingram.”
Legitimate expectation
DIS prays that the Court of Appeal set aside the orders issued by Justice Kebonang. Meanwhile, in his judgement, Justice Phuthego declared as unlawful the government’s lack of extending the benefits of multiple grading and titling of C-Band positions as provided for in the DPSM savingram dated May 30, 2007 and Directive No.6 of 2008 to Boarding Masters and Matrons.
“The plaintiffs had a legitimate expectation that there would be no discrimination in the application of the savingram and directive in issue of public officers who work for the same government, hold the required qualification and were in the C-band salary scales at the savingram in issue came into effect,” said Justice Phuthego.
The boarding masters and matrons had taken the government to court over concerns of lack of implementation of multiple grading and titling of the C-band positions as well as lack of implementation of the scheme of service pertaining to them and prayed that the court declare such conduct unlawful.