Govt amends Public Service Act
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President Lt. Gen. Dr Seretse Khama Ian Khama’s administration is moving swiftly with pace and strong intentions to amend the contentious Public Service Act of 2008 following a resolution from cabinet recently.
The executive is said to have given the move a nod, and plans are underway to take it to the parliament floor for debating. Indications suggest that the goal is to present the bill at the national assembly’s next sitting (July). It is said that the ruling Botswana Democratic Party (BDP) legislators are expected to knock down opposition party lawmakers in numbers in a move to rubber stamp the amendment bill into law. The said controversial bill (re-enactment) was gazetted on the 5th May 2017.
Some sections which leave a lot to be desired in the contentious bill include section 72 which states that the Directorate of Public Service Management (DPSM) shall be the Secretariat of the Public Service Bargaining Council (PSBC). The section is a departure from the previous arrangement where the Secretariat was appointed by independent bodies appointed by the Council so that it too remains autonomous.
Another controversial section is 73 (1) which posits “the Commissioner may, on application by an interested party, and on reasonable cause being shown, cancel the registration of the Council. (2) Any interested party aggrieved by a decision of the Commissioner to cancel registration of the Council, may appeal against that decision, to the Industrial Court.
In addition, section 74 (3) says: “representatives of both the trade unions and employer under subsections (1) and (2) shall be public officers” together with subsection (4) which mentions that “the Minister shall, from amongst persons who are not representatives, appoint a chairperson and a deputy chairperson” were also said to have been done in bad faith. Still on section 74, subsection (7b) states that 50 percent of the members, excluding the Chairperson and deputy Chairperson, shall constitute a quorum.
Moreover, some debatable sections to be amended also include section 79 (1) which says every trade union recognised under the Act shall be entitled to be a party in the Council and shall be entitled to have only one union representative at the Council. The section continues at subsection (2) citing that every trade union recognised under the Act shall be entitled to appoint public officers as representatives from among its members for purposes of (a) bargaining in good faith with government and b) representing its members in respect of disciplinary proceedings involving acts of serious misconduct.
In terms of subscriptions “government shall not be required to deduct any trade union dues or levies from employees wages on behalf of any trade union save for union membership subscriptions,” reads section 79 (5) another section deemed as part of the controversial amendments to the Public Service Act of 2008. The Act which is being amended, (Public Service Act No 30 of 2008) is said to be a direct result of the ratification of three ILO Conventions by the Botswana Government ratified in 1997.
It was in 2010 that the objective of the 2008 Public Service Act was to provide for a single legislation governing employment of all employees of Government. The Act also was to provide for the establishment of Public Service Bargaining Structures and recognized Public Service trade unions to engage in negotiations and bargaining over issues which have been identified and are matters for negotiation. The Act commenced on the 1st May 2010 and was published in the Botswana Gazette No. 11 of March 2010.
Previously it is understood that there were four pieces of legislation governing employment in the Public Service and these were the Public Service Act CAP 26:01, Unified Local Government Service Act, Teaching Service Act and Tribal Land Act Part II (a) to II (f). It was said then that the use of these separate laws resulted in inconsistencies in the conditions of service and uncoordinated relationships between Government as an employer and some civil servants.
“The Act thus establishes a single public service; ensures consistent terms and conditions of employment for all government employees; and installs systematic collective bargaining processes.” Meanwhile, it remains a mystery on what the government is trying to achieve by the impending amendment to the Act. Some say they are trying to climb down on the workers’ rights to bargain effectively. The new imminent amendments to the Act are seen as a target to the Bargaining Council which gives the government of the day sleepless nights.
Some say it is a drawback also to the current legislatures as it is moving away from the spirit of ILO in terms of standards and conventions of giving power to workers. When reached for comment concerning the amendments, a negotiating partner at the PSBC and part of the tripartite arrangement at ILO, Botswana Federation of Public, Private and Parastatal Sectors Union (BOFEPUSU) Secretary General Tobokani Rari said they were never consulted when the amendments were being made and as such don’t approve of them.
“We are surprised that the bill has now been gazetted contrary to all the promises. We would like to state for the record that there has not been any meaningful consultation,” he told Weekend Post in an interview this week. Rari narrated that they wrote to government requesting that they be given reasons for the intended amendment, but the employer never replied. He added that they nevertheless proceeded to write, providing their views on the intended amendments “hoping for further physical engagement on the same”.
“We then met Director of DPSM in March 2017 where we asked about the engagement on the proposed amendments. At this meeting the Director intimated to us that the amendments were about to be gazetted, but however stated that she would engage the Minister on the possibility of halting the process for further engagements,” the unionist pointed out.
Rari continued: “we then met Minister Mabeo recently during the month of April. We raised the same matter of consultation. At this meeting we came to a common ground that with the assistance of an ILO team of experts, the amendment of all the labour laws would be harmonised and as such we were assured of further engagement.”
During the month of the same month of April, Rari said they also met Assistant Minister in the Office of the President Thato Kwerepe whereat the very issue was raised yet again. According to Rari, Minister Kwerepe assured the delegation that BOFEPUSU would be consulted before gazetting the bill.
The BOFEPUSU SG stressed that the courts have on several occasions dealt with the concept of meaningful consultation or engagement. He said it involves parties exchanging views over a matter. “In this case our view is that there has not been any meaningful consultation,” he said of the Public Service Act pending amendments. What the union federation says about the bill
In a letter to DPSM Director Ruth Maphorisa, BOFEPUSU say they want her to share their reasons for seeking to depart from the existing practice, as per the 2008 Act, in appointing the PSBC Secretariat. In light of this the union stated: “the selection of the secretary of the council has since the inception of the PSBC been the joint responsibility of both government as well as Trade Unions sitting at the PSBC. Additionally, the discharge of the role has never been restricted to public servants.”
In another issue, the union says PSBC has been functioning effectively as a forum for dispute resolution, and it assists with evenly distributing the workload of dispute resolution. “The PSBC is especially the more ideal forum for public servants with grievances against the government as the officers presiding over the disputes are not public servants. It is furthermore open to everyone regardless of whether they are unionised or not and regardless of whether their union forms part of the PSBC,” they contended.
The union asked Maphorisa to shed more light in terms of the rationale for proposing the change so that they may make meaningful representations in respect of the same. “The aforementioned proposed amendment runs contrary to the spirit of negotiating in good faith. The hallmark of negotiating in good faith is that an employer must not take any steps averse to the party negotiating on behalf of its members.” They also asked the DPSM Director to confer a benefit on employees whilst negotiations are ongoing saying it makes a complete mockery of the entire bargaining process and it automatically tilts the scales in favour of government.
They continued: “clause 79 (1) provides that recognition will entitle a union to one seat at the PSBC. The implication of this provision is simply that a union like the National Amalgamated Local, Central Government and Parastatal Workers Union (NALCGPWU”) which has more than 20,000 members will have the same voice as a union like Trainers and Allied Workers Union (“TAWU”) which has less than 200 members.”
With this in mind, BOFEPUSU explained that they failed to appreciate the rationale behind granting a union whose members represent a negligible percentage of the entire workforce the opportunity to speak on behalf of everyone else. They also pointed out that clause 74 incorporates a proviso restricting representatives of trade unions admitted to the PSBC to public officers. “We would like to understand why there has been a drastic departure from ILO standards as well as local case law which has authoritatively pronounced on this issue,” the union highlighted.
They emphasised that the ILO position is to encourage collective bargaining as well as its autonomy. Article 3 of the ILO of 98, they said, provides as follows: Article 3. (1) “Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 3. (2) the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.”
According to BOFEPUSU, the issues they raised constitute some of concerns in relation to the proposed bill. In light of the foregoing, he said it is critical that government shares what informed the proposed change.
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The newly elected Botswana Movement for Democracy (BMD) Executive Committee led by Pastor Reverend Thuso Tiego has declared their disapproval of homosexuality saying it is anti-Christianity and Botswana culture.
Speaking at a Media Briefing this past week, BMD President Tiego said Botswana has been a country that respects culture hence endorsing homosexuality will be catastrophic.
“Our young generation grew up being taught about types of families, if homosexuality is passed, at what age will our children be introduced to homosexuality?” he rhetorically asked.
He continued: “If we are going to allow homosexuality then the next day, another person will come and say he wants to practice bestiality. What are we going to do because we have already allowed for this one (homosexuality) and at the end it will be a total mess.” Bestiality is sexual relations between a human being and an animal
This according to Tiego will give those people an opportunity thus disrupting known Botswana beliefs. He however dismissed any notion that the decision to condemn homosexuality should not be linked to the top two of the committee who are men of cloth. “This is a decision by the whole committee which respects the culture of Botswana and it should not be perceived that because we are clergymen we are influencing them, but even if we do, politics and religion are inter-related.”
Of late the church and the human rights organization have been up in arms because of the high court decision to allow for same sex marriages. Ministries ganged up, petitioned parliament and threatened to vote out any legislator who will support the idea. The ruling party, BDP which was to table the amendment in the constitution, ended up deferring it.
BMD President further revealed that he is aware of what really led to the split of the party and he is on course to transform as they approach 2024 elections.
“There are so many factors that led to split of party amongst others being leadership disputes, personal egos and ambitions, toxic factionalism and ideological difference just to mention a few, but we are transforming the party and I am confident that we will do well in the coming elections.
In addition, Tiego is hopeful that they will take the government as they feel it is time to rebrand Botswana politics and bring in fresh blood of leaders.
He further hinted that they are coming with positive transformation as they eye to better the lives of Batswana.
“When we assume government, we promise to be transparent, free and fair electoral processes and encourage pluralism as way of getting back to our roots of being a democratic country as it seems like the current government has forgotten about that important aspect,” Tiego explained.

Reeling under the increasing barrage of stinging international sanctions, the isolated North Korean regime is reportedly up to its old trickery, this time in a more complicated web of murky operations that have got the authorities of five southern African countries at sixes and sevens as they desperately try to tighten their dragnet around Pyongyang’s spectral network of illicit ivory and rhino horn trade.
It is an intricate network of poaching for elephant tusks and rhino horns that spans Botswana, Mozambique, South Africa and Zimbabwe, with the main sources of the contraband being Botswana and South Africa.
The syndicate running the illegal trafficking of the poached contraband is suspected to be controlled by two shadowy North Korean government operatives with close links to one Han Tae-song, a disgraced North Korean career diplomat who, while serving as the second secretary at his country’s embassy in Harare, Zimbabwe, was expelled in 1992 after he was fingered as the mastermind behind a similar illegal ring that was busted by the country’s authorities.
This disturbing tale of malfeasance by North Korean state actors is as real as it gets.
Recent reports indicate that authorities in the source countries are jointly battling to plug holes created by the shadowy syndicate which allegedly has on its payroll, park rangers, border officials and cross-border truck drivers.
Even more disturbing are allegations that some wildlife officials are conniving in misrepresenting numbers of retrieved rhino horns and ivory from poachers and getting kickbacks for their involvement in the pilfering of ivory and rhino horns from government stockpiles especially in South Africa.
In a shocking and well-orchestrated movie-style heist in South Africa, thieves in June this year made off with 51 rhino horns after breaking into a very secure government stockpile facility of the North West Parks Board (NWPB).
While some suspects from South Africa and Malawi were nabbed in a government sting operation, none of the rhino horns – 14 of which were very large specimens that can fetch serious money on the black market – were recovered.
A report of the heist said the police were lethargic by eight hours in responding to an emergency alert of the robbery which was described by North West police spokesperson Brigadier Sabata Mokgwabone as “… a case of business robbery…”
Thabang Moko, a security analyst in Pretoria says the military precision in the burglary, delays in police response, and failure to recover the stolen rhino horns is dubious. “This development lends credence to suspicions that some government officials could be part of a shadowy syndicate run by foreign buyers of rhino horns and ivory,” Moko says.
It is understood that in light of the rhino horns heist in North West, South Africa’s Minister of Environment, Forestry and Fisheries, Barbara Creecy on 1 August, shared her concerns to her counterparts in Botswana, Zimbabwe and Mozambique calling for greater regional cooperation to combat the illegal wildlife trafficking which she believes is being masterminded by the Far East’s buyers of the ill-gotten horns and ivory.
It is believed that foreign kingpins involved in perpetuating the illegal trade are mainly North Koreans vying against Vietnamese and Cambodian buyers in the quest for dominance of the illicit trade in rhino horns and ivory sourced from southern Africa.
Creecy’s concerns, which she also shared to South Africa’s state-run broadcaster SABC, echoed Moko’s worries that the North West heist may have been an inside job.
According to Creecy, there was a need for the International Criminal Police Organisation (Interpol)’s greater involvement in joint investigations by affected countries as there were indications of ‘local knowledge’ of the North West job and that syndicates, “Higher up the value chain actually recruit park rangers to the illegal ivory trade network.”
Botswana’s Environment and Tourism Minister Philda Kereng is on national record admitting that poaching was a source of headaches to her government, especially considering that the daring poachers were making successful incursions into secure areas protected by the Botswana Defence Force (BDF).
This came after poachers gunned down two white rhinos at the BDF-protected Khama Rhino Sanctuary in August 2022 despite Kereng putting the time frame of the killings between October and November 2022.
Kereng hinted at the existence of Asian controlled syndicates and acknowledged that the surge in poaching in Botswana is driven by the “increased demand for rhino horn on the international market” where in Asia rhino horns are believed to be potent in traditional medicines and for their imagined therapeutic properties.
Botswana has in the past recorded an incident of a group of an all-Asian reconnaissance advance team teams being nabbed by the country’s intelligence service in the Khama Rhino Sanctuary.
Masquerading as tourists, the group, with suspected links to North Korea and China, was discovered to be collecting crucial data for poachers.
Also according to reliable information at hand, an undisclosed number of wildlife parks rangers were arrested between September 2022 and January this year, after information surfaced that they connived in the smuggling of rhino horns and ivory from Botswana.
One of the rangers reportedly admitted getting paid to falsify information on recovered horns and ivory which were smuggled out of the country through its vast and porous eastern border with South Africa, and making their way to their final destination in Mozambique via back roads and farmlands in South Africa and Zimbabwe.
“We are aware that in the past year, some rhino horns and ivory illegally obtained from Botswana through poaching activities and shady deals by some elements within our wildlife and national parks department, have found their way out of the country and end up in Mozambique’s coastal ports for shipment to the Far East,” a Department of Wildlife and National Parks (DWNP) source says.
Independent investigations reveal that two North Korean buyers, one of them only identified as Yi Kang-dae [confirmed to be an intelligence official in the country’s state security apparatus], acting on behalf of the disgraced Han Tae-song, financed the entire operation on two occasions between 2022 and 2023, to move at least 18 rhino horns and 19 elephant tusks from Botswana, including pay-offs – mostly to border patrol and customs officials for safe passage – along the knotty conduit across South Africa’s north western lands, then across south-eastern Zimbabwe into Mozambique.
According to a trusted cross-border transport operator in Zimbabwe, the rhino horns and elephant tusks were illegally handed over to smugglers in Mozambique at an obscure illegal crossing point 15km north of Zimbabwe’s Forbes Border Post in November 2022 and February this year.
The end buyers in Mozambique? “It is quite an embarrassment for us, but we have solid evidence that two North Korean buyers, one of them who is linked to a former notorious diplomat from that country who has been in the past involved in such illegal activities in Zimbabwe, oversaw the loading of rhino horns and ivory onto a China-bound ship from one of our ports,” a top government source in Maputo said before declining to divulge more information citing ongoing investigations.
Yi Kang-dae and his accomplice’s whereabouts are presently unclear to Mozambican authorities whose dragnet reportedly recently netted some key actors of the network. Han Tae-song currently serves as North Korea’s ambassador to the United Nations in Switzerland.
North Korean diplomats have in the past used Mozambique as a final transit point for the shipment of rhino horns to the Far East.
In May 2015, Mozambican authorities nabbed two North Koreans, one of them a Pretoria-based diplomat and political counsellor identified as Pak Chol-jun after they were caught in possession of 4.5kg of rhino horn pieces and US$100,000 cash.
Pak’s accomplice, Kim Jong-su, a Taekwondo instructor also based in South Africa, was fingered as a North Korean spy and returned to North Korea under suspicious circumstances on the heels of Pak’s expulsion from South Africa in November 2016.
A security source in Zimbabwe closely following current developments says there is a big chance that Han Tae-song may have revived the old smuggling network he ran while posted in Zimbabwe in the 90s.
“The biting international sanctions against North Korea in the past decade may have prompted Han to reawaken his network which has been dormant for some time,” the source says. “There is no telling if the shady network is dead now given that Han’s two front men have not been nabbed in Mozambique. More joint vigilance is needed to destroy the operation at the source and at the end of the line.”
North Korean diplomats have, as early as October 1976, been fingered for engaging in illegal activities ranging from possession of and trade in ivory pieces, trade in diamonds and gold, the manufacture and distribution of counterfeit currencies, pharmaceuticals, and the sale on the black market, of a paraphernalia of drugs, cigarettes, alcohol and other trinkets on the back of protracted and biting international sanctions against the reclusive state for its gross human rights abuses against its own people and flagrant nuclear tests.
These illegal activities, according to a US Congressional Research Service (CRS) report, have raked in at least US$500m annually for the Pyongyang regime. Other global studies estimate that North Korea’s illegal earnings from the black market are around $1bn annually, and are being channelled towards the country’s nuclear weapons programme, while ordinary North Koreans continue to die of mass starvation.
In February 2014, Botswana, citing systematic human rights violations, severed ties with North Korea with the former’s president Mokgweetsi Masisi (then vice president) calling North Korea an ‘evil nation’ on 23 September 2016, at a United Nations General Assembly forum in Washington, USA.
Botswana has close to 132,000 elephants, more than any of its four neighbouring countries, namely Angola, Namibia, Zambia and Zimbabwe, according to a 2022 Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) Elephant Survey.
The rhino population in Botswana has significantly dwindled, with poaching a leading cause of the decimation of the country’s rhinos. Despite dehorning and relocating its diminishing rhino population from the extensive Okavango Delta to undisclosed sanctuaries, Botswana has since 2018, lost 138 rhinos to poachers.
The sharp spike in rhino poaching in Botswana came after the country’s government made a controversial decision to disarm park rangers in early 2018.
In a statement delivered in November 2022 to the Convention on International Trade in Endangered Species (CITES) CoP-19 in Panama, the Botswana government instead blamed the surge in poaching to a shift of foreign-sponsored organised poaching organisations from South Africa to Botswana.
“This increase in rhino poaching in Botswana coincided with a decline of rhino poaching in South Africa from 2018 to 2020, suggesting a displacement of the poaching syndicates from South Africa to Botswana,” the statement reads. “The recent decline in rhino poaching in Botswana (2021 and 2022, relative to 2020) coincides with the increase in rhino poaching in Namibia and South Africa, further suggesting displacement of the poaching syndicates across the sub-region.”
According to the Botswana government, as of 13 November 2022 the country has secreted its shrinking rhinos (only 285 white rhinos and 23 black rhinos) in undisclosed locations within the country’s borders.
South Africa has close to 15,000 rhinos. Between January and June 2022 alone, poachers killed 260 rhinos in South Africa for their horns. The country is home to the majority of Africa’s white rhinos, a species whose existence remains under threat of extinction due to poaching.
The major threat posed by foreign state actors including those from North Korea, to southern Africa’s rhino and elephant population remains grim as the bulk of the rhino horns and elephant tusks reportedly continue finding their way to the Far East, where China is being used as the major distribution centre.