Staff Reporters
The Principal Secretary of the Ministry of Education and Training, Ratšiu Majara, this week dodged a six-month imprisonment over his Ministry’s failure to execute a Labour Court’s directive.
Majara appeared before the Court on Monday after being tracked down by the police following the issuance of a warrant for his arrest for contempt of court.
The Labour Court had last week ordered for his arrest following repeated failure for him and his ministry to obey different judiciary bodies’ directives to pay several teachers for different Quthing and Mohale’s Hoek schools, who had been underpaid.
He undertook before the court to ensure that the eight teachers who are owed by the government, will be fully paid by December 10 this year.
Prior to the Labour Court’s arrest order, Majara and the Ministry representatives had failed to appear before two hearings by the Directorate of Dispute Prevention and Resolution (DDPR), and also failed to execute their two corresponding default judgments.
According to the court documents, Majara failed to pay varying amounts to eight school teachers for underpayment, unpaid wages, hardship and acting allowances after the DDPR had ruled in their favour.
Trouble started when applicants, Nthabiseng Hesman, ‘Matholang Ntjana, ‘Mamotiki Khutlang, Ntšepeng Tlali and ‘Mathapelo Rankibitle brought a pay dispute against their employers before DDPR for arbitration.
The teachers were represented by the Construction, Mining, Quarrying and Allied Workers (CMQ) union in the dispute before the DDPR.
The Teaching Service Commission, Teaching Service Department, Education Ministry’s Principal Secretary Ratšiu Majara and the Attorney General were the first to fourth respondents in the case heard in September 2023.
Ntjana testified before the DDPR that the government owed her M95 457.04 plus M2 475.00 in salary underpayment and hardship allowance underpayment accrued from 2018 to 2020. Hesman said she was owed M21 000.00 plus M27 375.00 for salary underpayment and hardship allowance underpayment. Khutlang said she was owed M123 210.00 for salary underpayment.
Tlali said she was owed M186 440.00 and M40 754.40 for salary underpayment and acting allowance underpayment, while Rankibitle was owed M71 697.00 for salary underpayment, according to the documents before the DDPR.
The court records showed that on the day of the hearing of the matter, all the respondents did not show up before the DDPR despite having been notified. Leading up to the judgement, the DDPR indicated that in the absence of any evidence to rebutt that of the applicants, their version would be assumed as the correct one.
“The Labour Court in the Mokoaleli vs Standard Bank and another LC/REV/21/2007 held that a right to be heard can only be given to a party who is willing to utilise it. The Tribunal subscribes to the view that the conduct of the respondent on this instance is tantamount to waiver and unwillingness to utilize this right.
“This is premised on the fact that on the 11th August 2023, ‘Mathabo/Matsebo Theoha who is a personal secretary of the third respondent signed the notice of set down. On the same date, the notice was served to Dathney Lebese, who was the acting director of the second respondent. On the very same day, the set down was served upon one Reitumetse Motopi of the fourth respondent.
“That notice of set down reflects the 14th September 2023 at 9am at Quthing as the date, time and place of hearing this case. That is proof that respondents were aware of the date and time of hearing but failed to show up for reasons not known to the Tribunal.
“There is no reason why the provisions of section 227 (8) (c) of the Labour Code Amendment Act of 2000 cannot be implemented in this case. In the Metropolitan Lesotho vs Thabo Daniel Thoso LC/REV/251/06, the Labour Court held that default judgments are machinery by which courts fight the delay in the administration of justice, and they are not intended to be the denial of the audi alterom partem precept,” the DDPR said.
The DDPR then delivered a default judgment in favour of the applicants in December 2023, and directed for the respondents to pay the teachers within 30 days of receipt of the arbitration award.
A similar case involving Atang Simon Makoetlane (owed M72 960.00 plus 25 800.00), Thabang Lechesa (owed M84 512.00 ) and Nteea Nkhahle from Mohale’s Hoek against the same respondents about the same issues was handed down by the DDPR in December 2023 in favour of the applicants, with the exception of Nkhahle’s claim, which was dismissed.
The respondents failed to head the two directives of the two cases, and after 30 days the teachers approached the Labour Court seeking enforcement of the DDPR awards.
In response, the Labour Court on April 30 this year, ordered for the Ministry of Education to pay the aggrieved teachers within 31 days in accordance with the DDPR awards.
But the 31 days passed without the Ministry of Education taking any action, and the Labour Court on June 6 then issued a warrant of arrest for Majara. He is scheduled to re-appear before the court on July 1.
