Botswana Federation of Public, Private and Parastatal Sectors Unions (BOFEPUSU) has said it is banking on Vice President Mokgweetsi Masisi normalize relations with labour when he assumes the office of the President in April next year.
The union federation said this at a press conference on Thursday whose purpose was to summarise the year 2017 as they saw it and position them-selves for the next one which will see VP Masisi installed president in April. The Federation says it is prepared to give Masisi the benefit of the doubt. Speaking at the press conference, BOFEPUSU Secretary General, Tobokani Rari said as an observation that Botswana is sliding way back on the issues of democracy and that’s the trade union’s conclusion this year as they await Masisi.
“We are looking forward for the incoming President Mokgweetsi Masisi on the 1st of April 2018 in terms of what his administration will do to reverse all those that the current president Lt. Gen. Seretse Khama Ian Khama did,” Rari pointed out. He waxed lyrical that Khama was a president who did not want to sit with the unions and it appears is also leaving office when he never met the trade unions despite writing to him several times asking for a meet up.
Rari continued: “so we are now looking upon the incoming president to see whether he will perpetuate what his predecessor has done that is shunning trade unions and not wanting to meet them.” On his part, BEFEPUSU deputy Secretary General Ketlhalefile Motshegwa cautions Masisi that he will inherit a rotten and arrogant civil service and therefore when he lands the highest office should start with firing Minister in the Office of the President Eric Molale, Permanent Secretary to the President (PSP) Carter Morupisi and top Permanent Secretaries and Directors if he wants to improve the performance and policies in the public service.
On opposition cooperation
Rari said they have witnessed amazing developments in the opposition side in particular the birth of a new party Alliance for Progressives (AP) which is a splinter of the BMD following protracted disagreements. According to Rari, opposition political parties need to really have a strong mechanism of dispute resolution to avoid what led to the split of BMD.
“The issues in the BMD were left out until it was too late to an extent that at the end it was not able to be resolved. That pointed to a weakness in our opposition that while they are waiting to take over as government probably in 2019 they should also know that there are ways in which to deal with dispute resolution.”
He said the development is a set-back in the opposition political parties agenda of trying to unseat the ruling BDP. As BOFEPUSU he said they are waiting for their conference/congress which will make a pronouncement and give a way forward on opposition support since there is a split in the parties. “They will give us a word go on it and after that will make a pronouncement on it,” he emphasised. On a different note, Rari however said UDC, which they have been supporting all along, has lost track and even became distant from BOFEPUSU. On AP he said they just started and do not know yet and how it will turn out so can’t say whether they will support them or not.
The BOFEPUSU Secretary General said the other issue which was of highlight this year was the crisis in the judiciary. He pointed out that the judiciary was under attack this year courtesy of the current regime of the ruling Botswana Democratic Party (BDP) which did a lot of damage to the judiciary.
“It became even more glaring that the executive arm of government was encroaching into the jurisdiction of the judiciary and blaring the separation of powers when judges were suspended for flimsy reasons like on account that they failed to pay back the money (housing allowance) which they were supposed to pay back. We feel that it was deliberate as certain Judges were targeted and the excuse was used. We believe most importantly believe it doesn’t feature well in the democratic credentials of Botswana as they are slowly but surely getting eroded,” Rari insisted to the journalists.
Not only that in the judiciary but Rari also highlighted that some Judges are also facing possibility of been taken to court on the basis that they wrote and said their views about the Chief Justice and that in the event even refused to apologise, and the issue is still ongoing. “We are hearing that the Judges are under surveillance by the security apparatus of this country. This is a clear sign of interference by the executive on the operations of the judiciary,” he said.
The unionist also went on further to state that the Court of Appeal has also of recent been used as a gate keeper where cases that go against the executive are reversed or overturned at the highest court. “As if that is not enough, Khama also violated the law by refusing to appoint a certain individual in the form of Omphemetse Motumise despite the right procedures having been followed in his recruitment. The Judicial Service Commission (JSC) recommended Motumise to Khama. But Khama turned him down on the basis of reasons he could not disclose although we hear he said it’s for security reasons. The matter was before the courts and they ruled in favour of Motumise but still he has not been appointed.”
In addition to judiciary concerns for the year Rari said they also took to court a matter to say they cannot deal with Judges of the Court of Appeal that have not been appointed legally or not legally constituted through legal process. He continued: “we took it upon ourselves as role players in the democratic space of this country that we need to protect the judiciary and the case came in our favour and later on a bill was taken to parliament to legitimize what has always been the case.”
More Labour laws amendments concern
The BOFEPUSU leader asserted that they are also worried by manner in which government hurried the amendments of the labour statutes as almost all are under review and in some cases these are done at a supersonic speed that make them wonder whether they are really in good faith.
For example he explained that the statutes which regulate the labour are all under review or have already being reviewed like the Trade Dispute Act (TDA), Employment Act, Public Service Act, Trade Unions and Employers Organisations. TDA, he said they amended it not to allow certain cadres to undertake industrial action in the country. That’s why we saw Botswana making it to the top 40 countries at the International Labour Conference that are regarded as violators of the core conventions of the ILO, he pointed out.
He emphasised that ILO has got a list of conventions and there are those that are regarded as core and fundamental and one of them is convention 87 and the ILO does not take lightly if it’s violated. Botswana, he added that was charged in that they violated it because they have amended the TDA and in amending it they made employees who are not within the framework definition of ILO regarded as essential services but were made essential services.
“Botswana for the first time appeared before ILO disciplinary conference to answer to the charges before the committee of applications of standards before the ILO and they were grilled, they answered by their answered proved to be unsatisfactory and conclusions were made. Their conclusion was that Botswana should go and assemble a team of tripartite and with the expert from ILO, should then start to do amendments to reverse the amendments that they have done to the TDA to comply with convention 87.”
According to Rari, this is a dent on the democratic credentials of a country and a major highlight for this year. He stressed that it happened under the watch of the BDP government and the outgoing President Khama and therefore if there is anything that he will get out of office feeling guilty of it is one of them because he allowed it to happen under his nose.
Collapse of the Bargaining Council
The BOFEPUSU Secretary General insisted that under President Festus Mogae, President Sir Ketumile Masire, Botswana did quite ok in terms of ratification of conventions and then moving towards implementing the ratified conventions because they went further in allowing legislation being amended to go hand in hand with the ratified conventions.
He continued: “but then came in Khama, we moved about 10 steps back because he made sure that conditions for trade unions became very difficult and it even became evident this year when he bypassed the PSBC and did all they could to take the trade union to court so that the PSBC does not operate to an extent that at the end the unions become frustrated and could not operate until BOFEPUSU pulled out of the PSBC.”
He also this also applied to Commissioner of Labour who following dis-affiliation of BOFEPUSU in the PSBC, last week said now that since there are no trade union parties at the PSBC, it cannot sit and therefore said to the effect that the entity should be de-registered. “So we smell ulterior motives in the conduct of government and the Commissioner of Labour in that regard,” Rari said.
For so many years, Botswana has been trying to be a self-sufficient country that is able to provide its citizens with locally produced food products. Through appropriate collaborations with parastatals such as CEDA, ISPAAD and LEA, government introduced initiatives such as the Horticulture Impact Accelerator Subsidy-IAS and other funding facilities to facilitate horticultural farmers to increase production levels.
Now that COVID-19 took over and disrupted the food value chain across all economies, Botswana government introduced these initiatives to reduce the import bill by enhancing local market and relieve horticultural farmers from loses or impacts associated with the pandemic.
In more concerted efforts to curb these food crises in the country, government extended the ploughing period for the Southern part of Botswana. The extension was due to the late start of rains in the Southern part of the country.
Last week the Ministry of Agriculture extended the ploughing period for the Northern part of the country, mainly because of rains recently experienced in the country. With these decisions taken urgently, government optimizes food security and reliance on local food production.
When pigs fly, Botswana will be able to produce food to feed its people. This is evident by the numbers released by Statistics Botswana on imports recorded in November 2020, on their International Merchandise Trade Statistics for the month under review.
The numbers say Botswana continues to import most of its food from neighbouring South Africa. Not only that, Batswana relies on South Africa to have something to smoke, to drink and even use as machinery.
According to data from Statistics Botswana, the country’s total imports amounted to P6.881 Million. Diamonds contributed to the total imports at 33%, which is equivalent to P2.3 Million. This was followed by food, beverages and tobacco, machinery and electrical equipment which stood at P912 Million and P790 Million respectively.
Most of these commodities were imported from The Southern African Customs Union (SACU). The Union supplied Botswana with imports valued at over P4.8 Million of Botswana’s imports for the month under review (November 2020). The top most imported commodity group from SACU region was food, beverages and tobacco, with a contribution of P864 Million, which is likely to be around 18.1% of the total imports from the region.
Diamonds and fuel, according to these statistics, contributed 16.0%, or P766 Million and 13.5% or P645 Million respectively. Botswana also showed a strong and desperate reliance on neighbouring South Africa for important commodities. Even though the borders between the two countries in order to curb the spread of the COVID-19 virus, government took a decision to open border gates for essential services which included the transportation of commodities such as food.
Imports from South Africa recorded in November 2020 stood at P4.615 Million, which accounted for 67.1% of total imports during the month under review. Still from that country, Botswana bought food, beverages and tobacco worth P844 Million (18.3%), diamonds, machinery and fuel worth P758 Million, P601 Million and P562 Million respectively.
Botswana also imported chemicals and rubber products that made a contribution of 11.7% (P542.2 Million) to total imports from South Africa during the month under review, (November 2020).
The European Union also came to Botswana’s rescue in the previous year. Botswana received imports worth P698.3 Million from the EU, accounting for 10.1% of the total imports during the same month. The major group commodity imported from the EU was diamonds, accounting for 86.9% (P606.6 Million), of imports from the Union. Belgium was the major source of imports from the EU, at 8.9% (P609.1 Million) of total imports during the period under review.
Meanwhile, Minister of Finance and Economic Development Thapelo Matsheka says an improvement in exports and commodity prices will drive growth in Sub-Saharan Africa. Growth in the region is anticipated to recover modestly to 3.2% in 2021. Matsheka said this when delivering the Annual Budget Speech virtually in Gaborone on the 1st of February 2021.
He said implementation of the African Continental Free Trade Area Agreement (AfCFTA), which became operational in January 2021, could reduce the region’s vulnerability to global disruptions, as well as deepen trade and economic integration.
“This could also help boost competition and productivity. Successful implementation of AfCFTA will, of necessity, require Member States to eliminate both tariffs and non-tariff barriers, and generally make it easier to do business and invest across borders.”
Matsheka, who is also a Member of Parliament for Lobatse, an ailing town which houses the struggling biggest meat processing company in the country- Botswana Meat Commission, (BMC), said the Southern African Customs Union (SACU) recognizes the need to prioritize the key processes required for the implementation of the AfCFTA.
“The revised SACU Tariff Offer, which comprises 5,988 product lines with agreed Rules of Origin, representing 77% of the SACU Tariff Book, was submitted to the African Union Commission (AUC) in November 2020. The government is in the process of evaluating the tariff offers of other AfCFTA members prior to ratification, following which Botswana’s participation in AfCFTA will come to effect.”
Women continue to shadow men in politics – stereotypes such as ‘behind every successful man there is a woman’ cast the notion that women cannot lead. The 2019 general election recorded one of Botswana’s worst performances when it comes to women participation in parliamentary democracy with only three women elected to parliament.
Botswana’s former Minister of Health, Professor Sheila Tlou who is currently the Co-Chair, Global HIV Prevention Coalition & Nursing Now and an HIV, Gender & Human Rights Activist is not amused by the status quo. Tlou attributes this dilemma facing women to a number of factors, which she is convinced influence the voting patterns of Batswana when it comes to women politicians.
Professor Tlou plugs the party level voting systems as the first hindrance that blocks women from ascending to power. According to the former Minister of Health, there is inadequate amount of professionalism due to corrupt internal party structures affecting the voters roll and ultimately leading to voter apathy for those who end up struck off the voters rolls under dubious circumstances.
Tlou also stated that women’s campaigns are often clean; whilst men put to play the ‘politics is dirty metaphor using financial muscle to buy voters into voting for them without taking into consideration their abilities and credibility. The biggest hurdle according to Tlou is the fallacy that ‘Women cannot lead’, which is also perpetuated by other women who discourage people from voting for women.
There are numerous factors put on the table when scrutinizing a woman, she can be either too old, or too young, or her marital status can be used against her. An unmarried woman is labelled as a failure and questioned on how she intends on being a leader when she failed to have a home. The list is endless including slut shaming women who have either been through a divorce or on to their second marriages, Tlou observed.
The only way that voters can be emancipated from this mentality according to Tlou is through a robust voter education campaign tailor made to run continuously and not be left to the eve of elections as it is usually done. She further stated that the current crop of women in parliament must show case their abilities and magnify them – this will help make it clear that they too are worthy of votes.
And to women intending to run for office, Tlou encouraged them not to wait for the eleventh hour to show their interest and rather start in community mobilisation projects as early as possible so that the constituents can get to know them and their abilities prior to the election date.
Youthful Botswana National Front (BNF) leader and feminist, Resego Kgosidintsi blames women’s mentality towards one another which emanates from the fact that women have been socialised from a tender age that they cannot be leaders hence they find it difficult to vote for each other.
Kgosidintsi further states that, “Women do not have enough economic resources to stage effective campaigns. They are deemed as the natural care givers and would rather divert their funds towards raising children and building homes over buying campaign materials.”
Meanwhile, Vice President of the Alliance for Progressives (AP), Wynter Mmolotsi agrees that women’s participation in politics in Botswana remains a challenge. To address this Mmolotsi suggested that there should be constituencies reserved for women candidates only so that the outcome regardless of the party should deliver a woman Member of Parliament.
Mmolotsi further suggested that Botswana should ditch the First Past the Post system of election and opt for the proportional representation where contesting parties will dutifully list able women as their representatives in parliament.
On why women do not get elected, Mmolotsi explained that he had heard first hand from voters that they are reluctant to vote for women since they have limited access to them once they have won; unlike their male counterparts who have proven to be available night or day.
The pre-historic awarding of gender roles relegating women to be pregnant and barefoot at home and the man to be out there fending for the family has disadvantaged women in political and other professional careers.
Special Economic Zone Authority’s (SEZA) P126 million Master Planning of Pandamatenga Special Economic Zones Business Case, Urban & Landscapes tender is in court after one of bidders, Moralo Design challenged its disqualification from the tender.
SEZA is transforming Pandamatenga into an Agropolis which will combine modern farming with top notch industrial, residential, commercial and recreational land use. The project is measured at 137, 007 ha which comprises of 84, 500 ha for commercial production, 12 400 ha for the subsistence production, 107 ha will be for Agro-processing while 40 000 ha will be for the Zambezi Integrated Agro-commercial Project (ZIACDP).
In their court papers, Moralo Designs, represented by Jones Moitshepi Firm, said they received a letter from SEZA on or around the 12th November 2020 notifying that their bid has been disqualified at the technical evaluation stage of the tender adjudication process.
In their response, Lonely Mogara who is Chief Executive Office of SEZA said Moralo Designs is not entitled to be heard by the court as the company never participated in the disputed tender hence SEZA knows the bidder as Moralo Design Consortium.
“Moralo Designs had failed to establish any right to be heard by the court. The fact that they had submitted a tender was not guarantee that they would be awarded the tender,” he said. “The reasons for the disqualification of Moralo Design Consortium’s bid were valid and justified because their bid was insufficient as it lacked vital information as required by the terms of reference.”
SEZA Chief said the requirements for the work plan and project programme were clearly stated in the Invitation To Tender (ITT). Moralo Design Consortium was not penalised for non-existent requirements. In disqualifying the bid by Moralo Designs Consortium, Mogara further indicated that SEZA considered that there was a requirement for a programme and work plan.
“The purported “project programme” that was submitted by Moralo Design Consortium failed to depict the activity durations, activity phasing and interrelations, milestones, delivery dates of reports and logical sequence of activities constituent with methodology and showing a clear understanding of the terms of reference,” said Mogara in responding affidavit.
He said the ITT required that there be provision of delivery dates within the programme hence Moralo Designs Consortium failed to consult with SEZA when they felt that such a requirement would be impossible to provide. He continued to say there was an avenue available when the tender was being prepared, but they failed to use it.
“Moralo Designs’ application for interim relief lacks merit and only seeks to delay SEZA from completing the evaluation and award of a tender that will serve the greater good of the nation,” said Mogara.
He went on to say Moralo Designs has no prospects of succeeding in its review application as the possibility of court granting the review are so remote in that the court does not possess the requisite technical knowhow on what constitutes an adequate work plan and what ought to be contained in it.
A bidder disqualified for failure to provide adequate information has no right to be protected by the court. Irreparable harm can only be suffered by one who has shown that there exists a right in so far as having stood the chance of being awarded the tender.
The financial benefit likely to be derived by Moralo Designs- which is highly unlikely- is outweighed by the nature of the project. In the unlikely event that the application for review is successful, they can claim for damages. The availability of such remedy weighs in favour of the interdict being refused. The refusal stands to benefit the nation more than the financial interest that Moralo Designs seeks to protect.
Moralo Designs failed to establish the urgency of their application. They waited for more than a month and half after the disqualification to approach the court on urgency. Meanwhile when delivering the State of the Nation Address (SONA) last year, President Mokgweetsi Masisi revealed that the detailed design and construction of 12 steel grain silos — with an overall storage capacity of 60 000 metric tonnes — is underway at the Pandamatenga SEZ and the P126 million project will be completed by August 2021.