08/06/2026
FOR IMMEDIATE RELEASE
COURT OF APPEAL RULES IN FAVOUR OF MUPANE GOLD MINE LIQUIDATOR AND BMWU MEMBERS
08 June 2026
The Botswana Mine Workers Union (BMWU) welcomes the landmark judgment of the Court of Appeal of Botswana in the matter involving Mr. Kopanang N. Thekiso, in his capacity as Liquidator of Mupane Gold Mining (Pty) Ltd, and the Nova Africa Resources (Pty) Ltd/AONE Commodities DMCC Joint Venture against Ulsan Botswana (Pty) Ltd and others.
In a unanimous decision delivered in Gaborone on 28 May 2026, the Court of Appeal upheld the appeals brought by the appellants and overturned the decision of the High Court.
The Court ordered that:
• Both appeals are upheld with costs against Ulsan Botswana (Pty) Ltd.
• The decision of the High Court is set aside.
• The application for an interim interdict brought by Ulsan Botswana (Pty) Ltd is dismissed with costs.
The judgment represents an important legal victory for the Liquidator of Mupane Gold Mine and former employees of Mupane Gold Mine, affirming the appellants' position and clearing the way for the continuation of the sale process of Mupane Gold Mine, which had been delayed through the interim interdict proceedings.
Of particular significance is the Court's recognition of the welfare and interests of former employees. In overturning the High Court ruling, Justice Lesetedi stated at paragraph 69 that ;
"The High Court did not consider the welfare of the former employees of Mupane Gold Mine whose livelihoods depended on their income and whose non-payment of wages was, through the court petition of their union, what triggered the placement of Mupane into liquidation."
This acknowledgment by the Court is a vindication of the long-standing concerns raised by BMWU regarding the plight of workers who have endured years of financial hardship, uncertainty, and unemployment following the collapse of the mine.
The Court's ruling reinforces the principle that interim relief must meet the necessary legal requirements before being granted and confirms that the circumstances of this matter did not justify the continuation of the interdict previously obtained.
BMWU believes that this judgment must now pave the way for the urgent conclusion of all processes relating to the sale of Mupane Gold Mine and the resolution of outstanding employee claims. The Union calls upon all stakeholders to respect the decision of the Court of Appeal and to refrain from any actions that may further delay justice for former employees.
The Union further calls for the prioritisation of all lawful claims owed to former employees, including outstanding salaries, benefits, severance entitlements, pension-related obligations, and any other monies due to workers who have patiently awaited the outcome of this matter.
BMWU also expects that any successful purchaser or investor will give due consideration to employment creation and the re-engagement of former Mupane employees, whose skills, experience, and dedication contributed significantly to the success of the mine over many years.
As the organisation that stood with workers when wages went unpaid and whose legal intervention ultimately led to the liquidation proceedings, BMWU remains steadfast in its commitment to ensuring that workers' interests remain at the centre of all decisions affecting the future of Mupane Gold Mine.
The Union welcomes the judgment and remains committed to ensuring that all future processes concerning Mupane Gold Mine are conducted in accordance with the law, transparency, accountability, and the best interests of workers and all stakeholders.
BMWU further commends the resilience, patience, and unwavering determination shown by former Mupane employees throughout this difficult period. Their pursuit of justice has been long and challenging, but this judgment marks an important step toward achieving a fair and lawful resolution.
The Court of Appeal has spoken. It is now incumbent upon all parties to move forward in a manner that respects the rule of law, advances the interests of justice, and delivers meaningful relief to the workers whose welfare was expressly recognised by the highest court in the land.
ISSUED BY THE GENERAL SECRETARY’S OFFICE
Mbiganyi Gaekgotswe
General Secretary
📞 +267 75 327 760
📧 [email protected]
"An Injury to One is an Injury to All."
