Unions drags Govt to court over de-recognition
News
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.
You may like
News
BTC launches the 3rd Francistown Marathon 2024 and handover proceeds to the 2nd Francistown Marathon beneficiaries

Botswana Telecommunications Corporation Limited (BTC) has announced that its 3rd Francistown Marathon will be held on Saturday 20th April 2024 at Obed Itani Chilume Stadium in Francistown. The BTC Francistown Marathon is officially recognised by World Athletics and a Comrades Marathon Qualifier will offer race categories ranging from 42.2km, 21.1 km, 10km, 5km fun run, 5km peace run for children and has introduced a 5km and 10km categories for wheelchairs athletics.
BTC also used this opportunity to announce beneficiaries who received donations from proceeds made from the 2nd BTC Francistown Marathon that was held on April 23rd 203. BTC donated a play area, plastic chairs and wooden tables for pupils worth a total of thirty eight thousand, one hundred and three pula, fifty thebe each (P38, 103.50) to Monarch Primary School, Tatitown Primary School, Mahube Primary School and Gulubane Primary School. Ditladi and Boikhutso clinics each received a donation of benches, television sets and 10, 000 litre water tanks worth thirty seven thousan, eight hundred and ninety eight pula (P 37, 898.00). Additionally, BTC also donated seventy thousand pula (P70,000.00) to their marathon technical partner, Francistown Athletics Club (FAC) which will be used for daily operations as well as to purchase equipment for the club.
The BTC Francistown Marathon aligns seamlessly with BTC’s corporate social investment programme, administered through the BTC Foundation. This programme is a testament to BTC’s dedication to community development, focusing on key areas such as health promotion. The marathon, now in its third year, not only promotes a healthy lifestyle but also channels all proceeds to carefully chosen charities as part of BTC’s commitment to impactful and sustainable projects.
Speaking at the launch, the BTC Managing Director Mr Anthony Masunga stated that the marathon underscores BTC’s commitment to community upliftment and corporate social investment. He stated that “the annual event which has been in existence since 2016, having taken a break due to the covid and other logistical issues, is instrumental to the economic upliftment of the city of Francistown”. He congratulated all the beneficiaries for having been nominated to receive the donations, adding that “the donation of proceeds from the 2023 marathon aims to highlight BTC’s commitment and heart for Batswana and our continued impact in the different industries”.
He further stated that through this marathon, “we demonstrate our steadfast commitment to having a good influence on our communities, this event is a manifestation of our dedication to promoting education and a healthier, more active society”. He concluded by stating that “BTC looks forward to another successful marathon that will leave a lasting positive influence on the greater Francistown community and the country at large” he said.
Giving welcome remarks, the Councillor for Donga, Honourable Morulaganyi Mothowabarwa stated that “he is ecstatic that BTC is collaborating with the City of Francistown on yet another installment of the Marathon”. He continued to offer his support to BTC to enable this marathon to continue over the coming years, stating that the “CSI element is a welcome development that helps empower our communities”, he said.
The 3rd BTC Francistown Marathon is officially open for registrations and athletes may use the following platforms to register and pay; through Smega by dialling *173# and choosing opton 5, then choose Option 3 for the Francistown marathon, at any BTC store or by visiting the BTC website and clicking on the BTC Francistown Marathon and choosing the relevant options.

Thapelo Letsholo, Member of Parliament for Kanye North, delivered a moving speech at the United Nations International Anti-Corruption Day commemoration, praising President Dr. Mokgweetsi Eric Keabetswe Masisi’s digitalization initiative in the fight against corruption. Letsholo highlighted the importance of embracing digitalization in governance as a crucial step in curbing corrupt practices.
According to Letsholo, the implementation of digital systems in government services can significantly reduce direct interactions between citizens and officials, which often serve as fertile grounds for corruption. By minimizing these opportunities for illicit activities, the efficiency and transparency of public services can be enhanced. Letsholo pointed to Estonia’s success in digital governance as an example, where public services have become more transparent, accessible, and efficient.
The MP commended President Masisi’s commitment to digitalization and E-Governance, emphasizing that it aligns with global anti-corruption standards. He called for full support and active participation from all sectors to ensure the success of this initiative.
Letsholo also stressed the importance of improving detection methods and refining whistleblower laws to effectively combat corruption. He highlighted the unseen and unspoken facets of corruption as its lifelines, emphasizing the need for robust detection mechanisms and a system that encourages and protects whistleblowers.
Addressing the societal role in fighting corruption, Letsholo focused on the crucial role of everyday citizens and civil servants who often witness corrupt practices firsthand. He acknowledged the existing reluctance to report corruption due to the perceived risks of repercussions. To change this narrative, Letsholo advocated for creating an environment where staying silent is deemed more detrimental than speaking out. He called for a cultural shift where the potential benefits of exposing corruption outweigh the risks, ensuring that whistleblowers are protected and feel secure in coming forward.
Letsholo called for collective responsibility and action in creating a system that not only detects and reports corruption but also supports those who stand against it. He expressed hope that under President Masisi’s digitalization initiatives, the future of governance in Botswana will be characterized by integrity, transparency, and accountability. Letsholo’s speech resonated with the sentiments of hope and determination that permeated the commemoration, emphasizing the need for unity in the fight against corruption.
In summary, Letsholo lauded President Masisi’s digitalization initiative in the fight against corruption, highlighting its potential to curb corrupt practices, enhance efficiency and transparency in public services, and align with global anti-corruption standards. He emphasized the importance of improving detection methods, refining whistleblower laws, and creating an environment where speaking out against corruption is encouraged and protected. Letsholo called for collective responsibility and action in creating a future characterized by integrity, transparency, and accountability in governance.

FaR Property Company (FPC) Limited, a property investment company listed on the Botswana Stock Exchange, has recently announced its exceptional financial results for the year 2023. The company’s property asset value has risen to P1.47 billion, up from P1.42 billion in the previous year.
FPC has a diverse portfolio of properties, including retail, commercial, industrial, and residential properties in Botswana, South Africa, and Zambia. The company owns a total of 186 properties, generating rental revenues from various sectors. In 2023, the company recorded rental revenues of P11 million from residential properties, P62 million from industrial properties, and P89 million from commercial properties. Overall, the company’s total revenues increased by 9% to P153 million, while profit before tax increased by 22% to P136 million, and operating profit increased by 11% to P139 million.
One notable achievement for FPC is the low vacancy rate across its properties, which stands at only 6%. This is particularly impressive considering the challenging trading environment. The company attributes this success to effective lease management and the leasing of previously vacant properties in South Africa. FPC’s management expressed satisfaction with the results, highlighting the resilience of the company in the face of ongoing macroeconomic challenges.
The increase in profit before tax can be attributed to both an increase in income and effective control of operating expenses. FPC managed to achieve these results with fewer employees, demonstrating the company’s efficiency. The headline earnings per linked unit also saw an improvement, reaching 26.92 thebe, higher than the previous year.
Looking ahead, FPC remains confident in its competitiveness and growth prospects. The company possesses a substantial land bank, which it plans to develop strategically as opportunities arise. FPC aims for managed growth, focusing on consumer-driven developments and ensuring the presence of supportive tenants. By maintaining this approach, the company believes it can sustainably grow its property portfolio and remain competitive in the market.
In terms of the macroeconomic environment, FPC noted that inflation rates are decreasing towards the 3% to 6% range approved by the Bank of Botswana. This is positive news for the company, as it hopes for further decreases in interest rates. However, the fluctuating fuel prices, influenced by global events such as the war in Ukraine and oil output reductions by Russia and other Middle Eastern countries, continue to impact businesses, including some of FPC’s tenants.
FPC’s property portfolio includes notable assets such as a shopping mall in Francistown with Choppies Hyper as the anchor tenant, Borogo Mall located on the A33 main road near the Kazungula ferry crossing, and various industrial and commercial properties in Gaborone leased to Choppies, Senn Foods, and Clover Botswana. The company also owns a shopping mall in Mafikeng and Rustenburg in South Africa.
The majority of FPC’s properties, 85%, are located in Botswana, followed by 12% in South Africa and 3% in Zambia. With its strong financial performance, competitive position, and strategic land bank, FPC is well-positioned for continued growth and success in the property market.