Molefe and Showa have taken BBSL premises hostage - board chair
Board chair says they have refused to observe their suspensions effected on Tuesday.
Pius Molefe and Sipho Showa have refused to observe their suspensions and have written the Company to state they will continue to report for duty in defiance of a lawful order from their employer, BBS board chair Pelani Siwawa-Ndai said in a statement this morning.
According to Ndai’s, Molefe was on the Tuesday suspended from his duties as Managing Director pending finalisation of litigation brought against the Company by Molefe and Showa. She said Showa was similarly been suspended from his duties as Head of Marketing, Communication and Company Secretary.
“The suspended employees have taken the BBSL premises and communications facilities hostage and have employed private security to refuse the Board members access to BBSL premises,” she wrote adding that stakeholders are advised that the laws of Botswana do not permit self-help remedies and that it is unlawful for any employee, including senior management such as Messrs Molefe and Showa, to refuse to obey a suspension ordered by their employer.
The suspension comes after court reversed the duo’s dismissal on Monday. Court ruled that the resolutions passed by BBSL’s board of directors to dismiss Messrs Molefe and Showa on 5 April 2021 were a nullity by reason that Molefe, in his capacity as a director, was not given proper notice of the Board meeting where these resolutions were passed.
Against this background, the Company resolved again on 19 April 2021 to terminate the contracts of employment of Messrs Molefe and Showa, who are each accountable to the Board. However, Messrs Molefe and Showa urgently approached the Industrial Court on the same date and obtained an order interdicting the Company from taking any steps to enforce these resolutions.
“In order to abide by the court order, the Company wishes to advise stakeholders that it then resolved to suspend, on full pay, Messrs Molefe and Showa from their duties with effect from 20 April 2021 pending the finalisation of the proceedings brought against the Company by the suspended employees, or the completion of investigations into possible professional misconduct by Messrs Molefe and Showa,” Ndai said.