The Minister responsible for Employment, Labour Productivity and Skills Development, Tshenolo Mabeo has hauled Botswana Federation of Public, Private and Parastatal Sectors Union (BOFEPPPUSU) over hot coals for reporting the government of Botswana to the International Labour Organisation (ILO) based in Geneva, Switzerland.
BOFEPUSU had reported the government at the ILO for what they regard as “trampling and disregarding the lawfully instituted Public Service Bargaining Council (PSBC)” and also query the controversial amendment of the Trade Dispute Act. WeekendPost has established that the international body, ILO representative, under the Freedom of Association branch, Keren Curtis visited Botswana this week in a move to meet the tripartite structure to follow up on the BOFEPPPUSU letter reporting key violations of workers’ rights in the country.
As a result, Curtis met Minister Mabeo, as well as Assistant Minister of Presidential Affairs, Governance and Public Administration Thato Kwerepe, and former Attorney General Athaliah Molokomme. She also met BOFEPPPUSU and Business Botswana – all of which are tripartite stakeholders in Botswana. In accordance with International Labour Standards on Tripartite consultation, the ILO is based on the principle of tripartism – dialogue and cooperation between governments, employers, and workers – in the formulation of standards and policies dealing with labour matters.
It is understood that the ILO representative was primarily consulting on the issues raised by BOFEPUSU relating to violations of workers’ rights in contravention of ILO standards and policies while the country has ratified various conventions. “Yes it is true that ILO representative Curtis was in Botswana to meet key stakeholders under tripartite arrangement,” Minister Mabeo told Weekend Post adding that she met on official capacity, specifically “Mabeo, Kwerepe, Molokomme, BOFEPUSU and Business Botswana to discuss labour issues of concern.”
Mabeo stressed that ILO cannot solve Botswana’s labour relations issues but instead the parties involved can do so on their own (without the help of ILO). Repeatedly, the Minister insisted that “dialogue” is very important between the unions and government. He said the sour relationship and failure by parties to meet at the negotiating table of the Bargaining Council could only be resolved by dialogue. He emphasised: “ILO cannot solve our problems but only us domestically can do that. We should exhaust all the means before we ask for mediation outside the country.”
The minister said the unions should know that it’s important to note that building the economy lies with the citizenry before anyone else. On his own account, Mabeo explained that “I told ILO envoy Curtis during the meeting this week that we do not need anyone from outside to dictate to us how to solve our issues and that’s my departure point.” He also said he has met the Federations several times and they both agree that dialogue is crucial and can solve the acrimony that currently exists between government and unions.
“The union federations informed me that they did not have the platform to negotiate so I brought them closer to us as government so that we can dialogue. And there are indications that we are in the right way. As a ministry we will continue encouraging dialogue.” He said: “I believe PSBC should make dialogue, talk about the issues they face, resolve them on their own. PSBC is a lawful constituted body. I believe PSBC should do their job.”
According to the Minister the main problem between parties at the Bargaining Council is that there is lack of tolerance by all parties in the negotiations. We should, he observed, be able to speak around the table but if there is not trust, as I see, there cannot be proper dialogue. In terms of the Trade Dispute Act, Mabeo highlighted that initially they thought they were solving a problem but later found out, after some court cases, that there was need to align the Act with the constitution.
He added that law was not cast in stone and that is why they continued to amend them while also noting that “we can’t all get what we want all the time”. “But moving forward, doors are open for any amendments that we may deem necessary, all is not lost,” Mabeo pointed out. In relation to concerns they raised at the ILO, Trade Union Federation cried foul over government’s attitude of being prone to bypassing the legally constituted body which is mandated with the negotiation of salaries and conditions of service of all the public servants in Botswana.
PSBC is currently at the centre of dispute before the Courts of law over issues of scope. Of concern also to BOFEPUSU which has been put forward to the attention of ILO is the controversial amendment of the Trade Dispute Act (TDA) which consequently categorized non essential services such as teachers, Government Broadcasting services and Immigration and Customs Services as essential, once again violating ILO standards.
The government had also previously made Veterinary, Diamond Sorting, Cutting and selling services essential services but through courts intervention they lost the matter and the unlawful move was reversed. It is understood that in amending the TDA, to include more cadres as essential, government sought to reduce the bargaining power of the said professionals particularly teachers as well as circumvent their ability and right to strike. This was as a result of the notorious 2011 nationwide Industrial strike which almost plunged the education system into paralysis of unequivocal standards.
The unique tripartite structure of the ILO gives an equal voice to workers, employers and governments to ensure that the views of the social partners are closely reflected in labour standards and in shaping policies and programmes. BOFEPUSU had stated in the letter to the labour organisation dated 25th July 2016 titled “letter of complaint against the government of Botswana” they stated that they would prefer that the international organisation assist in referring the complaint as enunciated in the introductory letter and in the report on the amended Trade Dispute Act that they sent.
“We also would like to request the ILO office to prepare an informal opinion to the Committee of Experts on the Application of Conventions and Recommendations. And similarly, we request the ILO office to prepare an informal opinion on the matter to guide the federation in lobbying both domestically and abroad including at the 2017 ILO conference,” BOFEPUSU Secretary General Tobokani Rari had written.
The main objectives of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. It remains to be seen whether ILO will take necessary disciplinary steps towards the Botswana government in the fullness of time – in relations to violations which has been reported to the world body.
New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.
The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.
It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong. According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.
Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.
“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.
According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”
He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.
“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.
Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.
“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.
Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.
“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.
Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”
He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.
He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”
The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.
This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.
A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”
“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.
“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.
According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.
The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.
The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation. The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).
Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.
The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.
“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”
The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”
“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.
Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.
In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.
Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.
BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.
As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.
“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.
Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.
“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.
This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.
“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.