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BOFEPUSU-BOPEU settlement collapses

BOPEU President, Andrew Motsamai

The tiff between BOPEU and BOFEPUSU has proven to be a runway train crashed into smithereens. The two labour movements have failed to settle out of court and theirs will only be halted by a steep embankment in the form of a Court of Appeal (CoA) decree.

The failure to reach an out-of-court settlement by the two labour movements has been described as “indicative of our fundamental differences”, in words of one union boss.

A triad of CoA judges comprising its President, Justice Ian Kirby, Justices Isaac Lesetedi and Steven Gaongalelwe last month advised the warring labour movements to explore an out of court settlement, after Kirby had described the case as “a power struggle without facts of law”.

In its proposed terms of settlement seen by this publication, BOFEPUSU demanded that, “BOPEU irrevocably abandon both judgements of the Industrial Court that it won and that after agreeing and inking the deal, BOFEPUSU will notify CoA that its current appeal falls away.”

It also said that as part of the deal BOPEU shall pay the costs of BOFEPUSU’s current appeal at the CoA.

BOFEPUSU also demanded that as part of the deal, BOPEU must fall on its own sword and recognise the Federation’s November 2011 admission as an Acting Jointly Arrangement (AJA) into the Bargaining Council and further recognise the AJA and admission as valid and still standing.

BOFEPUSU also sought to preserve the status quo of the Bargaining Council.

Its settlement proposal states that BOPEU shall agree that: “the representation threshold referred to in clause 6.1.1 of the constitution of the Bargaining Council is met where the combined membership of the parties to an AJA equals at least one third of the membership of all recognised trade unions whose members are public officers in terms of the Public Service Act, 2008.”

It continues: “this applies for all purposes contemplated in the Constitution, including admission of trade union parties to the council in terms of clause 6 and or continued membership of trade union parties to the council in terms of clause 7 of the constitution.”

Clause 6.1.1 of the Bargaining Council states that for a union to be admitted into the Council, it shall represent at least one third(1/3) of the membership of all recognised trade unions whose members are public officers in terms of the PSA Act of 2008.

The labour bloc also states that the admission threshold into the Council shall be hung at the 28,780 mark and that the Council shall then urgently determine whether or not the joint application submitted in January 2016 by BOPEU, Botswana Nurses Union (BONU) as well as Trainers and allied Workers Union (TAWU), otherwise known as Botlhe Bargaining Forum (BBF) complies with admission requirements.

However, BOPEU in its counter-proposal gunned at overturning the status quo.

It states in its curt proposed terms that the representation threshold of 1/3 shall be reduced to 5000 members of all recognised trade unions in terms of the PSA Act. It goes on to state that this is to make the Bargaining Council an inclusive organisation allowing even the smallest trade unions an opportunity to be members of the Council in their own right.

It further states that admission to the Council be limited only to individual trade unions as compared to an AJA and that the AJA shall be only be permissible where there is a union admitted into the Council in its own right.

Is also says that each party should bear its own costs in the current appeal.

In a circular passed to regional chairpersons, BOPEU says that if it should abandon the cases it has won against BOFEPUSU, the meaning attached to it is to such conduct will be that BOPEU itself, does not believe that it was entitled to the orders granted to it by the industrial court.

It further states that BOFEPUSU terms of settlement were crafted aimed at extracting political fodder as abandoning the orders will give it breathing room to maintain that it always was right from the beginning.

BOPEU also says that if it should pay costs for BOFEPUSU in the appeal as proposed, it will give the impression that it has acted wrongly in the whole matter.

It also states that if the BBF application fails then BOFEPUSU will remain the sole trade union party to the Bargaining Council and will participate alone in the 2016/2017 wage talks.

The Court of Appeal is expected to rule on the case that Kirby described as very complex that it might take some time before the verdict is out.

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State forged Kgosi’s arrest warrant

22nd July 2021
FORMER DIS BOSS: ISAAC KGOSI

In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).

The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.

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UDC parties discuss by-elections

22nd July 2021
UDC

Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.

Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.

The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.

This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).

The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.

The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.

In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.

Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.

Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.

“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.

Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.

“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.

The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.

UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.

Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.

Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.

Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”

Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.

FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS  

With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.

BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.

BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.

It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.

Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”

It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.

At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.

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DIS infiltrates Police fingerprint system

22nd July 2021
Makgope

Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.

Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.

BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.

The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.

By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.

In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.

“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.

“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.

The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.

All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.

“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.

Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.

Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.

COVID-19 RAVAGES POLICE

As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.

“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.

The cops further complain about that working spaces are small, as such expose them to contact the virus.

“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.

The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.

“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.

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