The liquidator of Mupane Gold Mine, Kopanang Thekiso, has raised alarm over an Industrial Court ruling that awarded nearly P17 million to former senior managers who were not unionized at the time of their retrenchment, despite the mine being under liquidation.
In a report submitted to the Master of the High Court Silibaliso Daramola and creditors recently, Thekiso noted that all legal proceedings were supposed to be stayed once Mupane was placed under final liquidation in November 2024.
The case, Mbaakanyi Lenyatso and 20 Others vs. Mupane Gold Mine, came to Thekiso’s attention only on May 12, while he was finalizing his report. “I received a copy of an order issued by the Francistown Industrial Court, directing the company to pay the applicants approximately P17 million by May 15, 2025,” he said.
“It is unclear how this matter proceeded in light of the company’s liquidation and the general stay of pending legal proceedings that applies once a final liquidation order has been granted,” Thekiso said.
He said the amount awarded appears to include back pay, terminal benefits, and retrenchment packages. “I have instructed Armstrong Attorneys to take appropriate legal steps to address the order granted by the Francistown Industrial Court,” he said.
Thekiso also questioned the legitimacy of the award, noting: “We also have to investigate how the applicants — who I am informed were non-unionized former senior managers — justified the quantum awarded, particularly as my review of company records has not revealed any retrenchment agreements or documentation supporting the amounts claimed.”
Another pending matter, Mupane Gold vs. Botswana Mine Workers Union, involves an appeal by the company against an Industrial Court ruling that had granted unionized employees the right to a 13th check.
“The appeal was scheduled for hearing on January 20, 2025. I was only made aware of the matter shortly before that date, after being contacted by an attorney from Mogale Legal Practice, who were on record as the company’s attorneys in the matter,” Thekiso said.
He added that the Botswana Mine Workers Union was represented by Paul Mozimo of Paul and Partners. “Upon learning of the pending hearing, I immediately instructed Armstrong Attorneys to contact Mr. Mozimo and inform him that the company had been placed under final liquidation and that, by law, all legal proceedings had been stayed,” he said.
Thekiso said both attorneys appeared before the Court of Appeal on the scheduled date and informed the judge of the company’s liquidation and its legal implications. “The court accordingly postponed the appeal sine die pending conclusion of the liquidation process,” he said.
Mupane Gold Mine, once Botswana’s only major gold producer, was placed under liquidation earlier this year amid mounting debt and declining production. The mine’s closure led to the retrenchment of many employees — both unionized and non-unionized — triggering widespread concern over unpaid wages and benefits.
