OBJECTION TO UNCONSTITUTIONAL "SPECIAL CONFERENCE" AND DEMAND SPECIAL CONGRESS

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The Issue

Date: 14 May 2026

 

TO:

THE PRESIDENT

UNIVERSITY OF BOTSWANA
STAFF AND ALLIED WORKERS UNION (UBSAWU)

GABORONE, BOTSWANA

 

CC:

The National Executive Committee (EXCO), UBSAWU

All General Members, UBSAWU

 

PETITION: FORMAL OBJECTION TO UNCONSTITUTIONAL "SPECIAL CONFERENCE" AND  DEMAND FOR A SPECIAL CONGRESS UNDER RULE 15

 

1. Formal Objection to the Unconstitutional "Special Conference"

We, the undersigned bona fide members, raise a formal objection to the planned "Special Conference."

No Constitutional Basis: The Union Constitution does not recognize, define, or authorize any organ or meeting named a "Special Conference." We demand that the Executive Committee immediately cancel the unconstitutional "Special Conference."

 

2. Formal Demand for a Special Congress (Rule 15)

In place of the invalid conference, we hereby petition and demand that the EXCO fulfill its constitutional duty to convene a Special Congress under Rule 15.1.

Proportionate Representation (Rule 13.1 & 13.2): Unlike a conference, a Special Congress guarantees true worker democracy. It mandates that each constituency elects exactly 10% of its membership as voting delegates. This ensures full and fair representation across all structures.


3. Mandatory Agenda Items for the Special Congress

Under the strict agenda restrictions of Rule 15.1.5, this Special Congress is called exclusively to address the following critical items:

 

Item 1: Presentation of Audited Financials, Current Balances, and Finance Policy Approval
While financials for past years were presented, the audited financial reports for the 2024/2025 financial year were suppressed and omitted at the Triennial Congress. Members have a right to full transparency regarding union funds. This includes a resolution for an auditing/forensic auditing of past finances, especially the amount which was proposed to be declared bad debt.


1.1 Independent Auditor Presentation: We demand that the Union's Independent Auditor physically attend the Special Congress to present true, unadulterated copies of the audited financials for the 2024/2025 period and the 2025/2026 financial reports.
1.1.2 Current Balances: The Executive Committee must present a complete financial update showing the exact, live figures and current bank balances of the union as of May 2026 from all bank accounts.


1.2 Finance Policy Approval: The proposed Union Finance Policy must be formally tabled, debated, and voted on for final approval and adoption by the Congress.

 

Item 2: Dissolution and Election of All Committees and the National Executive Committee (EXCO)


The Demand: Governance failures and constitutional breaches have compromised the mandate of the current leadership structures. The Special Congress must exercise its supreme power to dissolve and democratically elect new members into all Constitutional Committees, including the entire Executive Committee (EXCO), via a constitutional secret ballot under Rule 36.
Alternative: Alternatively, Congress can resolve to vote for vacant positions in all structures, including the executive.


4. Constitutional Notice to Leadership

Under Rule 15.1.3, the Executive Committee is constitutionally bound to officially convene this Special Congress within one month of receiving this petition, on the same date as proposed: 6 June 2026.

Failure to act on this lawful demand will result in immediate escalation to the Registrar of Trade Unions and the courts to enforce compliance, protect union assets, and restore constitutional order.

 

Accordingly, we request the Executive Committee to consider this petition and take the necessary constitutional steps toward convening the requested Special Congress, proposed for 6 June 2026, or such other date as may reasonably comply with constitutional requirements.

 

We submit this petition in good faith and in the collective interest of strengthening constitutional governance, promoting transparency, preserving member confidence, and ensuring the continued integrity of the Union.

 

We remain hopeful that these matters can be addressed amicably and constitutionally through established Union processes.

 

Yours faithfully,

 

PETITIONERS

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Petition created on 14 May 2026