Lobatse Town Council refuses to stop ex-union members’ subscriptions
Lobatse Town Council (LTC) is refusing to stop deductions of subscriptions of its employees, who were before termination, members of Botswana Land Boards, Local Authorities & Health Workers Union (BLLAHWU); Gaborone High Court Judge Justice Terrence Rannowane heard this week.
In the matter before the High Court, ex BLLAWHU members want the court to declare that the union and Lobatse Town Council (LTC), by continuing to withhold BLLAWHU member subscription fees after having being instructed by the individual employees to stop deductions, are violating the Employment Act.
Section 79 of the Employment Act states: “(1) Except where otherwise expressly permitted by this Act or any other written law, no employer shall make any deduction or make any agreement with any employee (whether or not the agreement is contained in the contract of employment) for any deduction from the wages to be paid by the employer or from any other payments which may be due to the employee or for any payment to the employer by the employee:
Provided that this subsection shall not apply to deductions deposited with the sanction of the Commissioner under section 45. (2) any employer who contravenes subsection (1) shall be guilty of an offence and liable to the penalties prescribed by section 151(d).”
The members, who are around 65 in number, insist that BLLAHWU and LTC should be ordered forthwith from deducting their subscription fees. In addition, they request that the court direct that the duo to reimburse the claimants all monies unlawfully withheld by them. According to court documents seen by WeekendPost the members earlier this year terminated their membership with the union. However the request is said to have fallen on deaf ears.
Although members insist that they informed the Council of the termination, LTC on the other hand told court that there is no proof to substantiate the allegation. An esteemed attorney Uyapo Ndadi of Ndadi Law Firm, representing Keabetswe Sera and 65 others stated in his oral arguments in court this week that: “Lobatse Town Council (LTC) refused an instruction from employees to stop the deduction.”
He continued: “instructions came from employees when the deductions started, and now when they wanted the deductions to stop they followed the same process by writing a letter to employer (LTC) to terminate their deduction. But the employer said they are not going to accede to the request.”
The prominent Attorney explained that employees must authorize employers for the deductions and the law doesn’t give unions any power to be consulted with or be heard, adding that it’s the sole prerogative of employers. Therefore, the lawyer said, in terms of BLLAHWU he is not seeking any substantive relief against them but only from the employer, adding that unions were only cited as an interested party to the matter.
“The union (BLLAHWU) is an interested party because the money deducted from the members does go to them. By continuing to withholding BLLAHWU members’ subscriptions, LTC is violating the Employment Act. Who is deducting money in favour of the unions? It’s only employers. Unions have no control of deducting and there is nothing that the unions can do.”
In January this year, the well regarded lawyer emphasized that there was a sign and power of attorney calling the employer (LTC) to stop deductions. “Therefore they cannot be any sign of seriousness like approaching the courts,” he was quoted as saying. Ndadi said the Local Government Act is clear and gives the Council authority and power to sue and be sued where it warrants so.
In prior heads of arguments, Ndadi, together with Ramou Jallow stated that “the employer was further served with a Statutory Notice by way of registered mail to stop deductions as they are unauthorized and offensive to the Employment Act. Despite the instructions and the demand via the Statutory Notice, the deductions have continued to this day.”
They pointed out that authorization was withdrawn by the employees in relation to the employer, which renders any further deductions from their salaries unlawful and the employees are consequently entitled to a full refund of their respective subscriptions and for the deductions to stop forthwith.
For his part, a close friend of Ndadi, Martin Dingake of Dingake Law Partners who stood in for BLLAHWU, said he was surprised that Ndadi is raising the matter to the effect that they are only an interested party in the oral arguments and did not mention such position in advance in their heads of arguments so that they prepare their contrasting point.
“So today, the applicants’ lawyer (Ndadi) said we have only been cited as an interested party but unfortunately they did not state it in any of their documents like affidavits, notice of motion, heads of argument etc,” the renowned lawyer in Dingake pointed out. Dingake’s point of view was that at that point, since they know the relief is not being sought by the applicants (that Ndadi is representing), it then meant they can change their position, which might also have consequences.
He highlighted that as a consequence it means that the case should revolve around whether or not their opposition to the matter is reasonable or unreasonable and against whom. In defending BLLAHWU, the legal guru went on further to however indicate that withholding of the subscription fees by the union is only lawful adding that the matter is between employer and the union as per the collective labour agreement which is binding – as the expectations is that each deals with the other in good faith.
“Consent was given. Union members, right at the bottom of the consent pledges herself that authorization of deductions continues. Therefore there is no contravention of any law,” Dingake asserted in court. In his assessment he told court that the application is without merit and should be dismissed with costs since no relief has been sought to them (BLLAWHU) they are also entitled to costs in the matter.
Meanwhile in his written heads of argument he had stated: “the applicants did not terminate in accordance with the constitution that governs the union and as such a consequent of that they have effectively failed to terminate their membership.” As such he emphasised “the applicants have failed to terminate membership in accordance with the constitution that governs the union that they are members of and the collective labour agreement.”
When responding to the whole matter in court, Thapelo Mphala, who filed the papers with Charity Mahube on behalf of Lobatse Town Council (LTC), said he immediately abandons his earlier contention in his heads of arguments in relation to the Employment Act and raises fresh arguments of locus standi. The attorney brought to the attention of court that “Lobatse Town Council is not the statutory employer of the applicant members on this matter, and therefore deductions are not done by the Council but by the Treasure General of the union which is not an office with LTC in terms of the Local Government Act.”
However the Judge interjected to ask why they participated in the matter while they knew they had no locus standi. Mphala said they appeared because they had already been brought to court. “Applicants must instead crude against the Attorney General not LTC. LTC is a separate entity with its own functions encapsulated in the Local Government Act.” He said the Council cannot reimburse the applicants because the union (BLLAHWU), rightfully before court, is the one which holds the members’ money and not the council.
Although he said they do not have locus standi he also mentioned that the members in question have not signed to terminate their subscriptions at the Council. He argued in the papers that none of the 77 members cited in the papers appended their signatures on their termination letters except for 21 whom have already been sorted out. “We humbly submit that clearly this is a new matter and the Applicants are not being candid with this Honourable Court, they have crafted the list attached to the letter for their own convenience and to mislead the Honourable Court.”
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.