Oliver Modise
17 November 2008
The Botswana Mine Workers Union (BMWU) has withdrawn its case against Botswana Metal Refinery (BMR), the main contractor at the collapsed Activox refinery project at Tati Nickel Mines near Matshelagabedi village, 40km from Francistown.
BMWU's secretary general, Jack Tlhagale, has confirmed that the issue has been taken for arbitration but refused to comment about why the union had decided to withdraw the case from the Industrial Court.
The BMWU and BMR lawyers have appointed Cyril Ziman to listen to the issue within two months.
"The parties agreed to abandon the proceedings of the Industrial Court to a date including the rulings delivered in that court on July 7 and July 19," reads the application withdrawing the case.
BMR has agreed to pay for the arbitration costs. After the arbitration process, BMWU shall not be entitled to make any claims related to the case.
The agreement to withdraw the case from the Industrial Court, dated November 4, states that 'the arbitrator shall hear the case and make a decision after a month'.
The union is also demanding a P5,000 relocation allowance for each worker. The respondents are the Botswana Confederation of Commerce, Industry and Manpower (BOCCIM), HATCH Africa consulting, CCB, G-LTA and Kalcon.
BMWU wants the arbitrator to make a ruling on whether BMR and its sub-contractors, notably, Hatch Africa, Hatch Africa (Pty) Ltd, CCB (Pty) Ltd, G-LTA, Kalcon followed the right procedure when demobilising their employees when the Activox project was suspended.
The union wants the employees to be given six months compensation and at least a relocation allowance of P5,000.
BMWU also wants the arbitrator to order and declare that BMR did not consult with the employees and their trade union before a decision was taken to terminate their employment.
While the union wants compensation, BMR and its sub-contractors have expressed shock at the suspension of the Activox project, pleading that 'it was beyond their control, as they had not foreseen it'. At the arbitration hearing, BMWU will be represented byYamikani Patson of Lerumo Mogobe Legal Practitioners, while BMR and the sub-contractors are represented by Mboki Chilisa of Collins Legal Consultants.
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