Buoyed by a successful temporary halt on the holding or calling of interviews for the position of Senior Clerk of Court D2 scale by her employer, the Administration of Justice (AoJ,) pending the outcome of her urgent application pending the review of her court action against re-designation, Angela Ralekgobo is now demanding almost P100 000 from the justice department for services rendered in that position since July 2010.
In the particulars of claim encapsulated in the writ of summons filed on the 28th October 2015 before Francistown High Court judge Justice Bengbame Sechele, Ralekgobo demands to be paid P97 453-00 for having performed the functions of Senior Executive Clerk Of Court from July 2010 to date of lodging demand.
In her writ of summons against Permanent Secretary (Ministry of Justice, Defence and Security) in her official capacity as the ministry’s accounting officer and the Attorney General in her official capacity as the principal legal advisor of government, Ralekgobo demands to be paid P97 435-00 for services rendered.
Ralekgobo’s cause of action prepared by her attorney Thabiso Olatotse of Olatotse Attorneys states that in or around July 2010, the plaintiff was appointed on promotion to the position of Executive Clerk of Court (D3 scale) and transferred to Francistown to serve at the High Court.
In terms of the schemes of services applicable to the cadre under which Ralekgobo falls, the position is tenable at the Magistrates Court.
The High Court, as per the schemes of service, is served by a Senior Executive Clerk of Court, which position is higher to that of Executive Clerk of Court which carries more responsibilities and is paid at a higher scale of D2.
The plaintiff performed the functions of the position Senior Executive Clerk of Court from July 2010 to date of lodging application. “Despite performing the functions of a higher position than the substantive one she held, the plaintiff was never paid for the services rendered on that position” states her cause of action.
It is further contended that satisfied with Ralekgobo’s performance, she was delegated by the Registrar and Master of the High Court in terms of Section 17 of the High Court Act, to perform some of the functions of the office of registrar.
“The plaintiff has, in the period beginning July 2010 to date, performed to the benefit of the Defendant(s), functions of a position senior to hers and is thus entitled to be paid a monthly amount equivalent to an acting allowance between her substantive position and the position of Senior Executive Clerk of Court.
“Despite demand, the Defendant(s) failed, neglected and/or refused to pay to the plaintiff the total sum of P97, 453-00 in accumulated allowances for performing the functions of the office of Senior Executive Clerk of Court for the period of July 2010 to date” states the writ of summons in which Ralekgobo is praying for judgment against the defendants.
The defendants are being called upon to within 21 days of the service of the writ, enter appearance to defend or alternatively pay the demanded accumulated allowances.
In her court application, Ralekgobo deposed that the cause of action affects her personal, special and financial interests in relation to the money she accrued by performing functions of the position of Senior Executive Clerk of Court and some of the office of registrar which the defendants are refusing to pay, despite being due and payable.