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Unions drags Gov’t to court over de-recognition

In an unprecedented turn of events, government has this week took a decision to de-recognise all the public service trade unions in Botswana. However trade unions have confirmed that they are currently drafting court papers in pursuance to fight the de-recognition at court.

The decision comes following President Mokgweetsi Masisi’s initial plan to resuscitate the Public Service Trade Unions but was short lived as his government stated that they do no longer recognise such as trade unions. It is the first time government make such a pronouncement although they have been working with such unions together under the ambit of the Public Service Bargaining Council (PSBC) which later became dysfunctional due to internal bickering of government and union parties under the Lt Gen Ian Khama administration.

The de-recognition affected all public service trade unions including Manual Workers Union, Botswana Public Employees Union (BOPEU), Botswana teachers Union (BTU), Botswana Sectors of Educators Trade Union (BOSETU), Botswana Nurses Union (BONU), Botswana Land Board and Local Authorities and Health Workers Union (BLLAWHU), Trainers and Allied Workers Union (TAWU) and Botswana Government Workers Union (BOGOWU).

In a confidential letter passed to Weekend Post this week marking de-recognition; government through Directorate of Public Service Management (DPSM) Director Goitseone Naledi Mosalakatane informed unions of their non-compliance of recognition. “In response to the sound and wise advise proffered, the Directorate has been conducting a due diligence exercise to ensure that there is full compliance of the law. Our records thus far do not seem to indicate that your union has complied with the requirements of section 46 of the PSA,” Mosalakatane stated.

Section 46 of PSA states that “a trade union which is representative of one third of the employees of the employer engaged in the same trade as members of the same union, may apply to the Director for recognition for purposes of collective bargaining.” She further observed that if the unions have complied with the requirements of section 46 of the PSA, then they should furnish her with a copy of the letter of recognition emanating from the Director in terms of section 46 so that they may update their records.

The public service unions have been engaged in the process of resuscitating the PSBC in terms of part XIII (collective bargaining) of the Public Service Act (PSA). The employer (government) and all public service unions that are involved in the process are currently trying to craft a constitution for the PSBC as contemplated by section 51 of the PSA.


The said section (51) states that “as soon as practicable after the commencement of this Act, the representatives of the Government in its capacity as an employer and all recognised trade unions whose members are public officers to whom this Act applies, shall conclude an agreement on a Constitution for the Council.”

WHAT IS THE IMPLICATION OF DE-RECOGNITION

The implications of the de-recognition is that there will never be any Bargaining Council because the Public Service Act indicate that the Council can only be established by the Employer and all recognized Trade Unions. BOFEPUSU Deputy Secretary General Ketlhalefile Motshegwa has wondered that “how do you attempt to resuscitate Bargaining Council with Unions that you say are not recognised? Surely we are headed for an ugly showdown.”

He further said President Masisi must be careful of his advisors on Labour Relations, because they are the same people who misled Khama into confrontation with Trade Unions and that it is clear that beyond his promises and rhetoric, Masisi‘s administration is the same as Khama’s and might even be worse. The unionist said Masisi who pride himself as a man of rule of law, has an obligation to see to it that his Government respect prevalence of Collective Bargaining as provided for by the law and ratified Conventions.

 Failure to do so, he said they will report Botswana again to International Labour Organisation (ILO) for failing to respect the workers right to collective bargaining. Recently Weekend Post reported that government through the DPSM raised the issue of recognition of trade unions and that has stalled the progress of resuscitating the PSBC.

BOFEPUSU) Secretary General Tobokani Rari stated then that: “we are really disappointed by the conduct of DPSM, how DPSM after almost 8 years could raise the issue of whether the trade unions are recognized or not? Our strong view is that they are some few individuals within the DPSM who are remnants of the repressive past immediate Ian Khama administration who are deliberately misleading government.”

The unionist observed that it is well known and documented that the recognitions that were acquired by trade unions in accordance with Section 48 of the Trade Unions and Employers Organisation Act prior to the coming into effect of the Public Service Act (PSA) in 2010 (in particular section 46) were carried over to the new dispensation. Section 48(1) of the Act provides that “if a trade union represents at least one third of the employees of an employer, that trade union may apply for recognition under section 32 of the Trade Disputes Act.”

WHAT ENSUED FOLLOWING MASISI PRONOUNCEMENT FOR PSBC TO FUNCTION?

Government had invited the unions for a meeting on 17th August 2018 to come and discuss the resuscitation of the PSBC. On 17th August, it is understood that parties to the resuscitation of the PSBC agreed that a task team be instituted to deal with the resuscitation process and report to the reference team.It is said that on the 28th of August the first meeting of the task team was convened, at this meeting the issue of compliance to Section 52 of the PSA was raised in particular in relation to the invitation of BOGOWU.

 Section 52 requires that for the purposes of coming up with the constitution of the PSBC recognised trade unions and the employer DPSM shall convene to discuss and agree on the constitution. Indications suggest that the 6 trade unions, Manual Workers union, BOPEU, BTU, BOSETU, BONU and BLAWHU raised the issue, requiring that DPSM should confirm whether BOGOWU is recognised and there comply with PSA, Section 5.  

This was justified to be that in 2013, the Court of Appeal held that BOGOWU has not been properly recognized and declared its recognition illegal. Following the decision of the court, DPSM wrote to all stakeholders declaring that they have de-recognised the BOGOWU. In 2016, DPSM also wrote again to BOPEU warning BOPEU that they cannot act jointly with BOGOWU because they are not a recognized union. “So the 6 unions wanted prove as to whether the status core has changed.”

Instead of DPSM providing the evidence of recognition of BOGOWU, it is further understood that they raised an issue that all unions are not recognized according to section 46 of the PSBC, and this is in spite of the fact that the recognition of the unions that were recognized prior to the coming into effect of the PSA were carried over to the new order as a matter of right. It then came to a standstill when government indicated that all unions were not recognized then the reference group agreed that the process should be halted pending the resolution of this issue of recognitions.

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Bangwato regent speaks ‘respect for Dikgosi’

23rd May 2022
Bangwato

Presidential Commission of Inquiry into the Review of the Constitution held a meeting in Serowe this week. The meeting was to accord Bangwato, just like other tribes, a platform to give their opinions, contributions and what they think is the horse power and limitations of the current Constitution of Botswana.

Bangwato Regent, Kgosi Serogola Seretse said, he is of the understanding that the Commission has not come for anything apart from getting their opinions on how things could be made better. His contribution was that he solely knows of only two social positions in the world; Dikgosi and Pastors. He said other positions are just benedictions. He further urged that, Batswana should respect God’s ordained protocols such as Dikgosi and Pastors.

Seretse pointed out the importance of acknowledging and appreciating Dikgosi as nation builders. He cautioned and warned that, the Commission should ensure that their dealing with Dikgosi is harmonious. He called for an amendment to be made on the ‘National Order of Precedence’ noting that Dikgosi are put at number 11, but should at least be taken a little higher to number 7.

One resident, Tshepo Moloi while giving his contribution said there must be provisions of Social Justice that ensure equal distribution of resources to all citizens. He said this provision should entail an obligation that all citizen have equal opportunities to different Government Initiatives. Moloi substantiated that, all ‘Presidential Commissions’ be engraved on the Constitution

Alfred Thogolwane who is as well a resident of the biggest village in the Central District, pointed out the need for preservation of the country and resources thereof, saying “it must dawn onto all that, the calabash that fetches water for the family cannot fixed once its broken.”  Another resident, Keikantsemang Sebedi advocated for Polygamous marriage, saying that men should marry as many wives as they please. She said there is no need for any socioeconomic assessment done on men who wish to marry more than one wife.

She advised that, the country should benchmark from the Zezuru culture that does it, with no complexities. On the other hand, Sebedi said that, there must be considerations done on the Old Age Pension. She said people who earned P4000 should not receive the old Age Pension upon their fullness of age.  Forshia Koloi called for amendments on Section 77 and all the provisions that speaks to the subject of Bogosi and the powers infested in them. He said they should be made more detailed and avoid ambiguity in clauses.

Mr Tlhaodi said there must be Land Audits done in the country. Citing an example of the Tati Land as one that should be thoroughly audited. He further advised that, Election Day be put on the Calendar. He said, if it happens that the day be a Saturday, there should be some special dispensation for the 7th Day Adventist Church members to take part in voting without compromising on their day of worship. Tlhaodi added that there must be People’s Complaint Commission in the country.

Speakers emphasized the need for the country to review the exercise of ‘Political Party Funding’. They articulated that lack of funding political parties’ results in political parties resorting to finding funds for themselves. They reiterated that sometimes going to the extent of getting funds through illegal means. Bangwato agreed in one accord that they want the President be tried whilst in office if suspected of any criminal offences. This was revealed in their contributions. They pointed out that, the law should not to wait until the end of their tenure.

For his part, the Deputy Chairperson of the Commission Johnson Motshwarakgole expressed gratitude to the residents of Serowe. He applauded women for their kindness saying it is only them, who always take responsibility for doing things amicably in the society.

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Parliament unveils major shake-up plans & reforms

23rd May 2022
Parliament

Parliament has revealed that it plans to rollout a Community Score Card (CSC) exercise as part of sweeping reforms to its role and mandate among others.

The planed shakeup, along with the rollout of CSC will see creation of new Parliamentary Portfolio Committees on Health, HIV&AIDS, Education and Skills Development, Trade and Economic Development, Agriculture, Lands and Housing and Local Governance and Social Welfare.
Parliament informed government ministries and departments that the CSC is a participatory, community based monitoring and evaluation tool that enables citizens to assess the quality of public services and interact with services providers to express their concerns.

According to Parliament, the CSC will assist to inform community members about available services and their entitlements and to solicit their opinions about the accessibility and quality of certain services related to the portfolio committees mentioned.  It said the main objective is for Parliament through identified oversight committees is to conduct a participatory monitoring and evaluating process that puts ownership and responsibility for delivery of services in the hands of both the Government and the service recipients.

“Through scorecards developed around identified sectors and services, communities and implementing departments remain in touch with progress made through the programme delivery cycle and are able to respond timely to bottlenecks,” the National Assembly said.  Some of the measurements and expected outcomes for the rolling out of the CSC include among others, improved monitoring and economic evaluation, to determine the impact of spending, so as to be able to direct resources from where they having the least benefit to those projects and programmes where they will have a larger positive impact.

The National Assembly explained further that this could result in a willingness to close down ineffective programmes and institutions and not to implement projects that do not deliver adequate returns, improved productivity in the public services, especially given the substantial pay increases.

The National Assembly believes that the rolling out of CSC is also expected to result in efficiency savings: many public services and programmes could be delivered more effectively at lower costs, by improving management and accountability, and making use of e-services. “This would yield financial savings that could be used for development programmes or reducing the deficit,” the National Assembly said.

The exercise is also expected to result in “Careful scrutiny of subsidy schemes and termination of those that do not address market failure or assist truly needy Batswana.”  The National Assembly revealed that proposed Parliamentary Portfolio Committee on Health and Wellness has been established in accordance with the Standing of National Assembly of Botswana.  It explained that the mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Ministries, Departments and Agencies with portfolio responsibilities in respect of Health and HIV/AIDS.

“There is need to identify reasons for inefficiency and poor outcomes and ensure that health system reform improve productivity and value for money. Key areas of focus for scorecard, availability of drugs, staffing ratios, accessibility of health services, speciality care and services and sexual reproductively health,” the National Assembly said.

Another proposed Committee is on Local Governance and Social Welfare. The mandate of the Committee is mainly to exercise Parliamentary Oversight and Scrutiny over Government Ministries. Departments and Agencies with Portfolio responsibilities in respect of Local Governance and Social Welfare.

“Strategies under NDP 11 to improve outcomes of social uplifment include; diversification of rural economies, development and support of small businesses, provision of social safety nets, eradication of absolute poverty, provision of quality and equitable education and harmonisation of social protection programmes,” said the National Assembly.  It said social nets need to be improved so as to target these most in need (at present some social safety nets benefit many people who are not the most needy, but also miss out some of those who are needy).

“Some social development policies more broadly should also aim to reduce household vulnerability to shocks such as those arising from fluctuations in agriculture, climate change, incomes and employment and improve their ability to handle shocks, thereby building household resilience,” the National Assembly said.

Another Committee established is on Agriculture, Lands and Housing. The mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Institutions, Departments and Agencies with portfolio responsibilities in respect of Agriculture, Lands and Housing.

The National Assembly said the average growth rate of the agricultural sector since the beginning of National Development Plan 11 (NDP11) (i.e. during the 2017/2018 and 2018/19 financial years) was 2.5 percent, making it the slowest growing sector of the economy, in line with its historical performance.

“Over the same period, its share of GDP has been stagnant at around 2 percent. The sector also contributes job opportunities for about 80 000 adults. Food security has become paramount since the onset of the corona virus pandemic,” the National Assembly said.  The National Assembly said the Government realises the need to increase food production for products in which Botswana has a cooperative advantage such as beef, grains and other horticulture products.

The Committee on Finance, Trade and Economic Development has also been established. One of the mandates of Committee would be to exercise Parliamentary oversight and scrutiny over government ministries, departments and agencies with portfolio responsibilities in respect of Finance, Development, Trade and Industry.

“The sector is at the core of industrialisation aspirations and strategies for economic development in Botswana. Manufacturing in particular can be the driver of economic growth through technological improvements and innovation,” the National Assembly said. Hence, it said, the development of the sector could also foster export diversification and export led-growth in Botswana while benefitting from the African Continental Free Trade Area (AFCFTA).

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Salbany, Bareetsi threaten to sue DIS

23rd May 2022
Salbany Bareetsi

Two senior members of Directorate on Corruption and Economic Crime (DCEC) have threatened legal action against Directorate of Intelligence and Security (DIS), it has transpired. The threat is contained in an answering affidavit of Director General of DCEC, Tymon Katlholo in which he is seeking an interdiction from High Court to stop the DIS from accessing investigation files at his office.

After the DIS detained DCEC officials Joao Salbany and Tsholofelo Bareetsi on December 16, 2021, they filed an official complaint against DIS and some officials. They complained about abuse of office by DIS and five officers. Salbany and Bareetsi also complained about unlawful detention by DIS and unlawful dissemination of classified information contrary to Section 44 of Corruption and Economic Crime Act. “The DIS interviews were premised on information divulged during the course of official DCEC work product, that is the Monday media brief meeting,” they wrote.

They further requested leave to institute a civil suit against the DIS and its officers, and invariably the State for inhuman and degrading treatment they suffered and unlawful detention. They also pondered a declaratory seeking a sanction against the DIS and Botswana Police Service (BPS) and clarification of the role of BPS officers seconded to DIS.

“The envisaged suit against BPS and DIS officers and the DIS will inevitably centre on investigations done by the DCEC and the scope of the protection availed to DCEC officers for conduct done in the course and scope of DCEC official duties.” The duo said it was self-evident from the conduct of the DIS officers that there was nothing urgent about the information required by the DIS, justifying their detention at its Sebele facility from 08:30 hours on December 16, 2021 until 02:00 hours on December 17, 2021.

They reasoned that the information required by the DIS could have been obtained by a simple request to DCEC Director General. “What the DIS did was to seek to intimidate officers of the DCEC whom they knew were carrying out investigations against some of the DIS officers who were part of their investigation team. This turn of events has a chilling effect not only on the functioning of the DCEC but also on the official conduct of officers of the DCEC as to how they conduct their official duties.”

They concluded by stating that in the event the request is granted, they would further request to be advised as to the provision of legal representation as the unalwful detention and the degrading and inhuman treatment by the DIS was in relation to matters conducted by and on behalf of the DCEC.

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