President Mokgweetsi Masisi’s move to make a u-turn on the resuscitation of Public Service Bargaining Council (PSBC) and instead de-recognise trade unions last week has put his administration under heavy scrutiny in relation to trade unionism in Botswana.
The move effectively means that over 65 000 public officers in the public service are no longer effectively represented in the public service. The unions’ loss of recognition status also means that they cannot validly participate in negotiations for the revival of the PSBC. Public Sector trade unions Botswana Land boards, Local Authorities and Health Workers’ Union (BLLAHWU), Botswana Sectors of Educators’ Trade Union (BOSETU), Botswana Teachers Union (BTU) and National Amalgamated Local Central Government & Parastatal Workers’ Union then this week dragged government to the Industrial Court to fight de-recognition.
In the affidavit before court passed to Weekend Post this week the unions are worried that their members will not only lose confidence and faith in the unions, they are likely to terminate their membership of the Applicant as a result of the loss of recognition. The unions through Botswana Federation of Public, Private and Parastatal Sectors Union (BOFEPUSU) said in the papers that as a result of the loss of recognition they may no longer be able to collect subscriptions from their members.
“This is because they will lose the contractual and statutory rights to have check-off facilities administered on their behalf. Funeral schemes and other group schemes that the unions operate using the check-off facilities may collapse if premiums and subscriptions are not being collected using the check-off facilities that the Applicants currently enjoy by virtue of their recognition,” BOFEPUSU National Organising Secretary Johnson Motshwarakgole stated in the court affidavits.
Government derecognized the trade unions in a letter dated 16 October 2008, stressing that they were not entitled to continued recognition in terms of the Public Service Act. “The contentious letter raises serious doubt as to the validity of the continued recognition of the unions. It effectively suggests that the unions have no entitlement whatsoever to continue to be recognised.
The reason that is given for the submission that unions are no longer entitled to recognition is that the government has no record of their compliance with Section 46 of the Public Service Act. The letter concludes by giving the unions until 31st July 2019 to comply with the provisions of section 46,” Motshwarakgole stated in the court affidavits. BOFEPUSU further states that the date of 31 July 2019 is meaningless to them because they have no intention whatsoever to seek recognition afresh in terms of section 46 of the Public Service Act.
“As far as they are concerned their recognition which predates the promulgation of section 46 of the Public Service Act continues to be valid and has up until recently been regarded as if it were as valid as recognition that has been granted under section 46 of the Public Service Act. It is the Applicants’ respectful position that they are entitled to all the rights and privileges that a trade union is entitled to under section 46 of the Public Service Act,” Motshwarakgole asserted in the papers.
He said in the affidavit that government will not be prejudiced in anyway, and that for at least the last eight years the government has conducted itself as if the unions were for all intents and purposes validly recognised; with all the rights and privileges that flow from recognition, including the right to participate at the PSBC. He added that there therefore cannot be any harm if what has prevailed for the last eight years can be extended for a few more months pending the outcome of an application for final relief.
In 2017 the PSBC became defunct after Manual Workers Union resolved to pull out of the PSBC. The union’ decision to pull out of the PSBC was the result of being frustrated about the Khama government being continuously found, in dispute after dispute that came before the courts, to have bargained in bad faith. The other unions could not get admission to the PSBC on their own. This is because on a proper interpretation of the constitution of the PSBC they must be at least one union that on its own meets the one third threshold for admission into the PSBC.
In any event it is understood that the unions have attempted to have the Minister of Presidential affairs, Governance and Public Administration Nonofo Molefhi mediate a settlement of the dispute between the parties. Motshwarakgole continued: “the settlement discussions did not bear any fruit. The Attorney General seems to have taken the position that the Director of Public Service Management is correct in contending that the unions need to be recognised in terms of section 46 of the PSA in order to continue enjoying some of the rights and privileges that they have in the past enjoyed.”
Furthermore, it is understood that the parties’ desire to re-establish the PSBC may be frustrated. This, notwithstanding that, President Masisi made the revival of the PSBC one of his government’s priorities. In fact under his leadership, the government undertook to have the PSBC up and running by the end of September 2018. Masisi who took over from former President Ian Khama who also gave trade unions a torrid time ending up rendering the PSBC dysfunctional, also failed to reach his deadline and eventually de-recognising the unions.
Here is how one Permanent Secretary encapsulates the clear tension between democracy and bureaucracy in Botswana: “President Mokgweetsi Masisi’s Government is behaving like a state surrounded with armed forces in order to capture it or force its surrender. The situation has turned so volatile, for tomorrow is not guaranteed for us top civil servants.
These are the painful results of a personalized civil service in our view as permanent secretaries”. Although his deduction of the situation may be summed as sour grapes because he is one of the ‘victims’ of the reshuffle, he is convinced this is a perfect description of the rationale behind frequent changes and transfers characterising the current civil service.
The result of it all, he said, is that “there is too much instability at managerial and strategic levels of the civil service leading to a noticeable directionless civil service.” He continued: “Changes and transfers are inevitable in the civil service, but to a permissible scale and frequency. Think of soccer team coach who changes and transfers his entire squad every month; you know the consequences?”
The Tsunami has hit hard at critical departments and Ministries leaving a strong wave of uncertainty, many demoralised and some jobless. In traditional approaches to public administration, democracy gives the goals; and bureaucracy delivers the technical efficiency required for implementation. But the recent moves in the civil service are indicative of conflicting imperatives – the notion of separation between politicians and administrators is becoming blurred by the day.
“Look at what happened to Prisons and BDF where second in command were overlooked for outsiders, and these are the people who had sacrificially served for donkey’s years hoping for a seat at the ladder’s end. The frequency of the changes, at times affecting the same Ministry or individual also demonstrates some level of ineptitude, clumsiness and lack of foresight from those in charge,” remarked the PS who added that their view is that the transfers are not related to anything but “settling scores, creating corruption opportunities and pushing out perceived dissident and former president, Ian Khama’s alleged loyalists and most of these transfers are said to be products of intelligence detection.”
Partly blaming Khama for the mess and his unwillingness to let go, the PS dismissed Masisi for falling to the trap and failing to outgrow the destructive tiff. “Khama is here to stay and the sooner Masisi comes to terms with the fact that he (Masisi) is the state President, the better. For a President to still be making these changes and transfers signals signs of a confused man who has not yet started rolling his roadmap, if at all it was ever there. I am saying this because any roadmap comes with key players and policies,” he concluded.
The Ministry of Health and Wellness seems to be the most hard-hit by the transfers, having experienced three Permanent Secretaries changes within a year and a half. Insiders say the changes have everything to do with the Ministry being the centre of COVID-19 tenders and economic opportunities. “The buck stops with the PS and no right-thinking PS can just allow glaring corruption under his watch as an accounting officer. Technocrats are generally law abiding, the pressure comes with politically appointed leaders racing against political terms to loot,” revealed a director in the Ministry preferring anonymity.
The latest transfer of Kabelo Ebineng she says was also motivated by his firm attitude against the President’s blue-eyed Task Team boys. “The Task Team wants to own the COVID-19 pandemic and government interventions and always cry foul when the Ministry reasserts itself as mandated by law,” said the director who added that Masisi who was always caught between the crossfire decided on sacrificing Ebineng to the joy of his team as they (Task Team) were in the habit of threatening to resign citing Ebineng as the problem.
Ebineng joins the Office of the President as a deputy Coordinator (government implementation and coordination office).The incoming PS is the soft-spoken Grace Muzila, known and described by her close associates as a conformist albeit knowledgeable.
One of the losers in the grand scheme is Thato Raphaka who many had seen as the next PSP because of his experience and calm demeanour following a declaration of interest in the Southern African Development Community (SADC) Secretary post by the current PSP, Elias Magosi.
But hardly ten months into his post, Raphaka has been transferred out to the National Strategy Office in what many see as a demotion of some sort. Other notable changes coming into OP are Pearl Ramokoka formerly with the Employment, Labour and Productivity Ministry coming in as a Permanent Secretary and Kgomotso Abi as director of Public Service Reforms.
One of the ousted senior officers in the Office of the President warned that there are no signs that the changes and transfers will stop anytime soon: “If you are observant you would have long noticed that the changes don’t only affect senior officers but government decisions as well. A decision is made today and the government backtracks on it within a week. Not only that, the President says this today, and his deputy denies it the following day in Parliament,” he warned.
Some observers have blamed the turmoil in the civil service partly to lack of accountable presidential advisers or kitchen cabinet properly schooled on matters of statecraft. They point out that politicians or those peripheral to them should refrain from hampering the technical and organizational activities of public managers – or else the party (reshuffling) won’t stop.
In the view expressed by some Permanent Secretaries, Elias Magosi, has not really been himself since joining the civil service; and has cut a picture of indifference in most critical engagements; the most notable been a permanent secretaries platform which he chairs. As things stand there is need to reconcile the imperatives of democracy and democracy in Botswana. Peace will rein only when public value should stand astride the fault that runs between politicians and public managers.
Former Permanent Secretary to the President, Carter Morupisi, is fighting for survival in a matter in which the State has charged him and his wife, Pinnie Morupisi, with corruption and money laundering.
Morupisi has joined a list of prominent figures that served in the previous administration and who have been accused of corruption during their tenure in office. While others have been emerging victorious, Morupisi is yet to find that luck. The High Court recently dismissed his no case to answer application.
United States President, Joe Biden, is faced with a decision to make relating to the Covid-19 vaccine intellectual property after 175 former world leaders and Nobel laurates joined the campaign urging the US to take “urgent action” to suspend intellectual property rights for Covid-19 vaccines to help boost global inoculation rates.
According to the world leaders, doing so would allow developing countries to make their own copies of the vaccines that have been developed by pharmaceutical companies without fear of being sued for intellectual property infringements.
“A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly,” the signatories, comprising more than 100 Nobel prize-winners and over 70 former world leaders, wrote in a letter to US President Joe Biden, according to Financial Times.
A measure to allow countries to temporarily override patent rights for Covid related medical products was proposed at the World Trade Organization by India and South Africa in October, and has since been backed by nearly 60 countries.
Former leaders who signed the letter included Gordon Brown, former UK Prime Minister; François Hollande, former French President; Mikhail Gorbachev, former President of the USSR; and Yves Leterme, former Belgian Prime Minister.
In their official communication, South Africa and India said: “As new diagnostics, therapeutics and vaccines for Covid-19 are developed, there are significant concerns [about] how these will be made available promptly, in sufficient quantities and at affordable prices to meet global demand.”
While developed countries have been able to secure enough vaccine to inoculate their citizens, developing countries such as Botswana are struggling to source enough to swiftly vaccine their citizens, something which world leaders believe it would work against global recovery therefore proving counter-productive.
Since the availability of vaccines, Botswana has been able to secure only 60 000 doses of vaccines, 30 000 as donation as from the Indian government, while the other 30 000 was sourced through COVAX facility. Canada, has pre-ordered vaccines in surplus and it will be able to vaccinate each of its citizens six times over. In the UK and US, it is four vaccines per person; and two each in the EU and Australia.
For vaccines produced in Europe, developing countries are forced to pay double what European countries are paying, making it more expensive for already financially struggling economies. European countries however justify the price of vaccines and that they deserve to buy them cheap since they contributed in their development.
It is evident that vaccines cannot be made available immediately to all countries worldwide with wealthy economies being the only success story in that regard, something that has been referred to as a “catastrophic moral failure”, head of the World Health Organisation (WHO), Tedros Adhanom Ghebreyesus.
The challenge facing developing countries is not only the price, but also the capacity of vaccine manufactures to be able to do so to meet global demand within a short time. The proposal for a patent waiver by India and South Africa has been rejected by developed countries, known for hosting the world leading pharmaceutical companies such US, European Union, the United Kingdom, and Switzerland.
According to the Financial Times, US business groups including pharmaceutical industry representatives, have urged Biden to resist supporting a waiver to IP rules at the WTO, arguing that the proposal led by India and South Africa was too “vague” and “broad”.
The individuals who signed the letter, including Nobel laureates in economics as well as from across the arts and sciences, warned that inequitable vaccine access would impact the global economy and prevent it from recovering.
“The world saw unprecedented development of safe and effective vaccines, in major part thanks to US public investment,” the group wrote. “We all welcome that vaccination rollout in the US and many wealthier countries is bringing hope to their citizens.”
“Yet for the majority of the world that same hope is yet to be seen. New waves of suffering are now rising across the globe. Our global economy cannot rebuild if it remains vulnerable to this virus.” The group warned that fully enforcing IP was “self-defeating for the US” as it hindered global vaccination efforts. “Given artificial global supply shortages, the US economy already risks losing $1.3tn in gross domestic product this year.”