Garebakwena, a headman of arbitration in Molepolole, and 870 others around the country have filed a law suit against government for discriminating against them.
According to papers served by their lawyer, Ookeditse Maphakwane, on the Attorney General, the headmen claim that they have been employed by the Ministry of Local Government in their current positions and that they are accordingly entitled to be remunerated at the B3 salary scale in terms of the grading and remuneration system in place.
They are unhappy that unlike others doing the same job, they are not paid according to the set grading and remuneration systems in place, but are instead credited with monthly allowances.
The headmen argue that failure by the Ministry of Local Government to remunerate them in accordance with the remuneration system attendant to headmen B3 scale amounted to violation of their right to be protected from unfair or discriminatory treatment that flows from the Constitution.
They further argue that this also contravenes an important tenet of industrial relations jurisprudence, the entitlement to equality and fair treatment in a work place. That the way they are being treated is wrongful and unlawful and constitutes unfair labour practice.
The headmen want the High Court to order that the ministry should declare that, as headmen of arbitration, they are entitled to the same monthly remuneration and benefits as those on B3 scale.
The also want the court to rule that the discrepancy between their remuneration and that of their counterparts constitutes discrimination, is unfair and unconstitutional. Finally, they claim that they be awarded costs of the suit.
