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Gov’t in 5 million pula back pay deal

Government has once again attracted a penalty, it has been instructed to back pay 5 million pula following a case in which some Botswana Public Employees Union (BOPEU) union members who are employed by Botswana Examinations Council (BEC) are demanding back pays from government.


WeekendPost can reveal that a settlement agreement was reached this week following several court appearances and battles in which the government finally conceded to pay the BEC staff the 5 million pula for the next 18 months. The back pays emanate from a BEC Board “Resolution” which was back stepped by government (BEC) for unclear reasons.


The Board meeting had took a decision to increase staff salaries after finding out about the salary disparities at the organization which warranted deserved back pays as from April 2014 to March 2016. At the time of the court appearance, both parties were in agreement about the said resolution but Acting High Court Judge Justice Zein Kebonang who presided over the matter seemed not settled by the matter and wanted sufficient proof. In light of avoiding extra humiliation the parties resolved their differences amicably to avoid further unnecessary court battles.


The parties then further compiled a settlement agreement in which government appeared to be the biggest loser as they would cough out multi-million payments to the said employees. According to the settlement agreement, signed on 10th May by both parties: “now therefore the parties agree that: pursuant to the Governing Council Resolution of the Respondent (BEC) passed on the 19th of June 2013, the Respondent (BEC/government) shall pay the balance of the salary disparity adjustment for the period between 1st April 2014 to 31st March 2016, but for a maximum period of 18 months.”
 


In addition, government was also advised that it shall also pay the amount due on or before the 31st of July 2017. It continues: “this agreement constitutes the entire agreement between the parties and each party acknowledges that there are no further agreements not expressly included herein.” The agreement was to remain binding to both the parties immediately upon signature by both of them (which was done on 10 May) and shall operate until it is approved and made an Order of Court.


Speaking to Weekend Post subsequent to the settlement, an attorney representing applicants (BOPEU) in the matter Uyapo Ndadi of Ndadi Law Firm expressed joy as he said the agreement is precisely in their favour and that the union members will be reap fruits of their labour.  “I am happy with the outcome and my clients (BOPEU) are happier for they will be reaping the fruits of their labour and will smile all the way to the bank, come end of July,” he highlighted. 


The esteemed attorney however expressed discontentment about the “wasteful government” pointing out that it was unnecessary for the matter to end up in court. “I believed in the case from day one and it didn’t have to end up in court as it was totally unnecessary,” he said.  “The litigation was waste of tax payer’s money. Officials must be held accountable and liable for the decisions or indecisions they make,” he asserted.   


He also added that those who no longer work for BEC but were employees of BEC between the stipulated periods can also come forward and claim. “This includes those who are deceased, their heirs must also claim on their behalf.” Meanwhile, in the heads of arguments, Ndadi narrated that BOPEU had, as far back as 2012, engaged BEC on salary disparities that existed among its staff, and, the talks culminated in BEC engaging consultants by the names Global Consultants and Swicon 360 to review the salary structures of BEC.


He pointed out that “from the Human Resource Committee (HRC) resolutions and recommendations, it is stated that it was observed that most of BEC employees earned salaries below market rate, mainly due to BEC pay practices that made it impossible for any progression to be achieved.” 


It is understood that the said HRC report observed that since 2007, majority of BEC employees were on band minima (lowest band) and consequently recommended that such employees should have their salaries raised to band midpoints. It was also recommended that raising the minimum salaries from band minima to band mid points be done over a period of 2 years to minimize the effect that such adjustments may have on the budget without elongating the period required to address these disparities.


According to Ndadi, it was further recommended that in the spirit of fairness and equity, those employees who were not at band minima or band maxima should have their salaries raised by 3%. “On the 19th June 2013, the Governing Council adopted and approved, among other things, recommendations by the HRC. All e-mail was sent to all staff dated 24 June 2013 confirming the approval of the recommendations by HRC.”


He explained that the decision of the Governing Council was to effect on the 1st April 2013, and that letters were issued to all concerned staff evidencing that implementation of the resolution was underway. In 2013, he remembered that all concerned staff was then given half of the increase they were entitled to and the other half was to be effected the following year.


“However those who are entitled to an increase of 3% (as per the resolution that was aimed at achieving fairness and equity) have to date not received their salary increments,” Ndadi asserted, while pointing out that that wa the crux of the matter. 
He had requested the court that all staff, (present and past) that would have otherwise been entitled to an increase in April 2013, be awarded the increase, up to the time that they left employment or up to the time of their promotion or up to the time they died, whichever might be the case.


“Our view is that the operative words are clear and in that they show that the salaries must be raised over two successive years and not just two years.” The first year that the resolution was in April 2013 and it follows that the second year of implementation ought to have been April 2014, he submitted.


On the other hand however the BEC lawyer Batlhalefi Moeletsi of Moeletsi attorneys argued that both parties agreed that the issue to be determined in the matter is whether the Resolution passed by BEC on the 19th June 2013 entitles employees to back pays or not.


He submitted that it was not in dispute that no agreement was concluded between BOPEU and BEC on the issue of back pays or any issue in respect of the implementation of BEC’s resolution. “In fact, that much is admitted by BOPEU.” Moeletsi said the resolution was a decision of BEC on how it sought to address the problem in its salary structure and nothing more.


“Seeing that the argument on contract is untenable, BOPEU then claims that the consequences of the Resolution were also administrative in that the Resolution was an undertaking to increase salaries. It is submitted that there was no such undertaking to increase salaries,” Moeletsi pointed out. He said the Resolution, was about removing salary disparities, an exercise which could of course lead to an increase in an employee’s salary. 

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Masisi to dump Tsogwane?

28th November 2022

Botswana Democratic Party (BDP) and some senior government officials are abuzz with reports that President Mokgweetsi Masisi has requested his Vice President, Slumber Tsogwane not to contest the next general elections in 2024.

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African DFIs gear to combat climate change

25th November 2022

The impacts of climate change are increasing in frequency and intensity every year and this is forecast to continue for the foreseeable future. African CEOs in the Global South are finally coming to the party on how to tackle the crisis.

Following the completion of COP27 in Egypt recently, CEOs of Africa DFIs converged in Botswana for the CEO Forum of the Association of African Development Finance Institutions. One of the key themes was on green financing and building partnerships for resource mobilization in financing SDGs in Africa

A report; “Weathering the storm; African Development Banks response to Covid-19” presented shocking findings during the seminar. Among them; African DFI’s have proven to be financially resilient, and they are fast shifting to a green transition and it’s financing.

COO, CEDA, James Moribame highlighted that; “Everyone needs food, shelter and all basic needs in general, but climate change is putting the achievement of this at bay. “It is expensive for businesses to do business, for instance; it is much challenging for the agricultural sector due to climate change, and the risks have gone up. If a famer plants crops, they should be ready for any potential natural disaster which will cost them their hard work.”

According to Moribame, Start-up businesses will forever require help if there is no change.

“There is no doubt that the Russia- Ukraine war disrupted supply chains. SMMEs have felt the most impact as some start-up businesses acquire their materials internationally, therefore as inflation peaks, this means the exchange rate rises which makes commodities expensive and challenging for SMMEs to progress. Basically, the cost of doing business has gone up. Governments are no longer able to support DFI’s.”

Moribame shared remedies to the situation, noting that; “What we need is leadership that will be able to address this. CEOs should ensure companies operate within a framework of responsible lending. They also ought to scout for opportunities that would be attractive to investors, this include investors who are willing to put money into green financing. Botswana is a prime spot for green financing due to the great opportunity that lies in solar projects. ”

Technology has been hailed as the economy of the future and thus needs to be embraced to drive operational efficiency both internally and externally.

Executive Director, bank of Industry Nigeria, Simon Aranou mentioned that for investors to pump money to climate financing in Africa, African states need to be in alignment with global standards.

“Do what meets world standards if you want money from international investors. Have a strong risk management system. Also be a good borrower, if you have a loan, honour the obligation of paying it back because this will ensure countries have a clean financial record which will then pave way for easier lending of money in the future. African states cannot just be demanding for mitigation from rich countries. Financing needs infrastructure to complement it, you cannot be seating on billions of dollars without the necessary support systems to make it work for you. Domestic resource mobilisation is key. Use public money to mobilise private money.” He said.

For his part, the Minster of Minister of Entrepreneurship, Karabo Gare enunciated that, over the past three years, governments across the world have had to readjust their priorities as the world dealt with the effects and impact of the COVID 19 pandemic both to human life and economic prosperity.

“The role of DFIs, during this tough period, which is to support governments through countercyclical measures, including funding of COVID-19 related development projects, has become more important than ever before. However, with the increasingly limited resources from governments, DFIs are now expected to mobilise resources to meet the fiscal gaps and continue to meet their developmental mandates across the various affected sectors of their economies.” Said Gare.

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TotalEnergies Botswana launches Road safety campaign in Letlhakeng

22nd November 2022

Letlhakeng:TotalEnergies Botswana today launched a Road Safety Campaign as part of their annual Stakeholder Relationship Management (SRM), in partnership with Unitrans, MVA Fund, TotalEnergies Letlhakeng Filling Station and the Letlhakeng Sub District Road Safety Committee during an event held in Letlhakeng under the theme, #IamTrafficToo.

The Supplier Relationship Management initiative is an undertaking by TotalEnergies through which TotalEnergie annually explores and implements social responsibility activities in communities within which we operate, by engaging key stakeholders who are aligned with the organization’s objectives. Speaking during the launch event, TotalEnergies’ Operations and HSSEQ,   Patrick Thedi said,  “We at TotalEnergies pride ourselves in being an industrial operator with a strategy centered on respect, listening, dialogue and stakeholder involvement, and a partner in the sustainable social and economic development of its host communities and countries. We are also very fortunate to have stakeholders who are in alignment with our organizational objectives. We assess relationships with our key stakeholders to understand their concerns and expectations as well as identify priority areas for improvement to strengthen the integration of Total Energies in the community. As our organization transitions from Total to Total Energies, we are committed to exploring sustainable initiatives that will be equally indicative of our growth and this Campaign is a step in the right direction. ”

As part of this campaign roll out, stakeholders  will be refurbishing and upgrading and installing road signs around schools in the area, and generally where required. One of the objectives of the Campaign is to bring awareness and training on how to manage and share the road/parking with bulk vehicles, as the number of bulk vehicles using the Letlhakeng road to bypass Trans Kalahari increases. When welcoming guests to Letlhakeng, Kgosi Balepi said he welcomed the initiative as it will reduce the number of road incidents in the area.

Also present was District Traffic Officer ASP, Reuben Moleele,  who gave a statistical overview of accidents in the region, as well as the rest of the country. Moleele applauded TotalEnergies and partners on the Campaign, especially ahead of the festive season, a time he pointed out is always one with high road statistics. The campaign name #IamTrafficToo, is a reminder to all road users, including pedestrians that they too need to be vigilant and play their part in ensuring a reduction in road incidents.

The official proceedings of the day included a handover of reflectors and stop/Go signs to the Letlhakeng Cluster from TotalEnerigies, injury prevention from tips from MVA’s Onkabetse Petlwana, as  well as  bulk vehicle safety tips delivered from Adolf Namate of Unitrans.

TotalEnergies, which is committed to having zero carbon emissions by 2050,  has committed to rolling out the Road safety Campaign to the rest of the country in the future.

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