Limited resources have hampered the Industrial Court’s ability to resolve trade disputes and maintain positive industrial relations, according to the court registrar.
Addressing the Public Accounts Committee (PAC), TefoGoitseone Bogosi, the registrar of the Industrial Court, gave a sobering assessment of the court’s condition, revealing that more than 900 cases remain unresolved.
He said these pending matters are carryover cases that were not concluded by the end of a reporting period, though he did not specify when the cases were initially filed.
Bogosi noted progress in reducing the backlog compared to the past two years, with more than 90 percent of cases being resolved within 24 months. However, he pointed out that a dispute dating back to 2014 is still pending.
Most unresolved cases involve unfair dismissals, unpaid wages and severance pay.
He attributed the backlog to the court’s dependence on a manual filing system and chronic financial shortfalls.
Over the past three years, the court has consistently received less funding than requested, Bogosi said. The resulting budget constraints have limited the court’s ability to hold circuit courts, further worsening the backlog.
He said for the 2025–2026 financial year, the court received 18 percent less than it requested, affecting its ability to deliver services at its three centers in Gaborone, Francistown and Maun.
The court also operates seven circuit courts in Gumare, Gantsi, Shakawe, Phikwe, Letlhakane, Palapye and Tsabong, but financial limitations have curtailed how frequently they are held.
Bogosi emphasized that delays in holding circuit courts contribute to longer case resolution times.
The court is currently staffed by 10 judges: seven in Gaborone, two in Francistown and one in Maun. When circuit courts are held, judges are reassigned to remote locations, increasing their workload and worsening the backlog.
Bogosi expressed interest in expanding the court’s judicial capacity. He said available data likely underreports the true number of filings, as factors such as travel distance and litigation costs deter some people from pursuing claims.
To address the backlog, the court is developing a case management system to streamline case handling, enable real-time tracking and introduce virtual hearings.
He also called for more judicial appointments to reduce the backlog, stating, “Two acting judges in a few months would be able to push those matters forward.”
Dr. Tshepho Mogapaesi, a law lecturer at the University of Botswana, linked the problem to weaknesses in the mediation process at the Labour Commissioner’s Office, which she said contributes to the court’s overload.
She explained that all disputes must first go through mediation before they can be referred to the Industrial Court. However, many cases that could be settled at this stage are instead pushed to the court, burdening judges.
Dr. Mogapaesi called for a more structured mediation framework grounded in the principle of good faith, which she said is essential for achieving fair and timely resolutions.
“Mediation is facilitative in nature,” she said, “but for now, the legal framework leaves too much room for the process to be routine.”
She added that both employers and employees exploit the current system, often attending mediation sessions with no intention to resolve disputes.
“Parties may show up merely to have it documented that we were present, yet they lack the willingness to actively engage in the mediation process to achieve any form of settlement,” she said.
While alternative dispute resolution options exist, Dr. Mogapaesi noted that many Batswana still prefer litigation.
“As Batswana, we believe in litigation as the end-all be-all for the resolution of our disputes. Even in matters where there is no legitimate defense, or where there is a prospect of settling outside court,” she said.
She welcomed the recent introduction of Court-Annexed Mediation under the Industrial Court Rules as a potentially effective mechanism to reduce the volume of cases appearing before judges.
