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Courts should be last resort – Dingake tells unions

High Court Judge, Justice Key Oagile Dingake has said it is important that trade unions appreciate the nature and essence of law so that that they don’t regard law as the magic wand to resolve their problems and then overburden the courts with matters that can be resolved by stakeholders.


Speaking at a Botswana Public Employees Union (BOPEU) National Executive Committee congress in Francistown this week, Dingake said unions should use courts only as a last resort. “There is always a danger that the courts’ credibility as impartial arbiters may suffer when the courts are used as sites of struggle in high profile polycentric cases whose resolution is not entirely dependent on textual provisions of the law, but rather on value judgements of the justices of the court,” he said.


He stressed further, “As unions your main asset is the strength of your organizations; your ability to organize, defend and protect your interests. You need to understand and appreciate that law is a technique for the regulation of power. This is true of labour law. Power – the capacity effectively to direct the behaviour of others – is unevenly distributed – in all societies. The power to make and enforce laws is social power. This power rests on many foundations, it may be based on prestige, dominance, wealth and ability to organise. The latter is the source of your power.”


Justice Dingake used the words of Dikgang Moseneke, formerly the Deputy chief Justice of South Africa, and recently retired, would said: “You are your own liberators”. Lawyers and other experts may assist, but ultimately, you are your own liberators. He said in pursuing their demands on what they consider due to them; unions must be reasonable, rational and fair. He indicated that they must refrain from making demands that are irrational and are not justifiable.


“Your demands must always be evidence driven. Nothing should be given that cannot be justified. Similarly, your employers must justify all its positions on the basis of evidence, and nothing less. The culture of justification is part and parcel of a constitutional state ruled in accordance with the constitution, not the whims and caprices of anyone.”


Dingake said unions must do nothing that contravenes the law; especially, the spirit and text of the constitution. Similarly government as the employer must do so; the latter, arguably having a heavier duty to lead by example; because disobedience of the law on its part amounts to saying to the populace that it is fine to disobey the law, the Judge of the High Court said.


He pointed out that in the recent past BOPEU has been hailed as the union of choice by its members; it has been at the forefront of advancing and securing diverse range of benefits, maintaining and improving the living and working conditions of workers’ in Botswana and regulating the relations between workers and employers.


“Indeed it is true that a successful union is one that is internally strong that it may be effective in protecting the interests of workers.  However, history has shown us that the success of unions also lie with their relationship, rapport and liaison with employers as equal partners at the table. Sadly, it has become more evident that there are opposing forces between the workers’ and employers on the subject of Unions and various labour laws.”


Dingake said often at times, employers the world over, have tended to adopt adversarial attitude towards Trade Unions, resisting Unions for the same reasons that workers desire them. “As we celebrate fifty years of self-rule this attitude can and should no longer stand if we are to build a Botswana for all in which its economic success will be based on workers as the drivers of the economy.”  


Justice Dingake observed that the economy will not advance if we don’t take care of the welfare of those who create the country’s wealth, the workers. He argued that workers need a living wage and not so much minimum wage.  He said a minimum wage is about setting a wage floor under which no worker can earn.


“A living wage on the other hand is the minimum income that necessary for a worker to meet his needs and that of his or her family. The scales of justice needs to be delicately balanced so that the wage regime does not in anyway imperil the development of the country. Slave wages are known undermine economic growth,” he explained.


Justice Dingake urged unions to pay attention, to the matter of decent of decent work as defined by the ILO. He said the decent work agenda focusses on job creation, rights at work, social protection and social dialogue, with gender equality. The term decent work is promoted through the Decent Agenda and was coined by the Director General of the International Labour Organization (ILO), Mr. Juan Somavia in 1999, who defined decent work as “productive work in which rights are protected, which generates an adequate income with adequate social protection.

 

It marks the high road to economic and social development, a road in which employment, income and social protection can be achieved without compromising workers’ rights and sound standards” The ILO is also committed to promoting policies on wages and incomes that ensure a just share for all.


Justice Dingake urged all stakeholders in the labour relations to work together as equal partners in the interest of our country. He observed that a motivated and hardworking workforce is in the interest of the country. The Judge further advised that the workforce must engage with the employer with respect and their demands must be evidence based.


“Similarly, the government response or position must be evidence based. Trade Unions are critical in maintaining workplace stability. A motivated public service tends to render high quality service to the public. In a properly functioning democracy no law should offend the values of freedom, human dignity and non discrimination. In our constitutional state, the above values define who we are as a people,” he said.

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Media have a Role in Accelerating Harm Reduction Adoption

8th December 2022

African Scientists and Experts Call for the adoption of a Harm Reduction in approach in Public Health Strategies and Tobacco Control. Media have a critical role to play in accelerating Harm Reduction efforts by informing and sensitizing cigarette smokers on the availability and benefits of alternative, potentially lower risk products to cigarretes. Traditional cessation and smoking prevention norms are not the only ways that smokers who cannot or don’t’ want to quit can make healthier choices that cause less harm to themselves and those around them.

This was said during the 2nd Harm Reduction Exchange conference for African journalists held in Nairobi, Kenya on the 1st of December 2022. Speaking at the Harm Reduction Exchange Conference, Integra Africa Principal Dr. Tendai Mhizha emphasized the role that journalists and media houses should play in handling misinformation and disinformation in tobacco harm reduction discourse that is actually perpetuating the death and disease caused by people continuing to smoke combustible cigarettes. “There has been a lot of disinformation surrounding the topic of nicotine and the alleged negative effects that e-cigarettes have on public health.

This has led to policies that disfavour risk reduces products and narratives that completely deny their benefits. The media have the difficult responsibility to curb the scourge of disinformation and misinformation on harm reduction just like on other socio-political stances that are prescriptive and do not uphold consumers’ right to healthier lifestyle choices,” Dr Mhizha said.

The Harm Reduction Exchange cast a spotlight on alternative ways to reduce harm among tobacco smokers. Held under the theme Harm Reduction: Making a difference in Africa, the conference focused on the progress being made through harm reduction strategies in all fields related to public health such as drug and alcohol abuse, excessive sugar consumption, skin lightening and other addictive and behavioral practices. A wide array of harm reduction strategies and initiatives that are deployed towards reducing unnecessary deaths through non-communicable diseases were presented and discussed.

On his part, Prof. Abdoul Kassé, a world renowned and awarded Oncologist and a Professor of Surgery at the Cancer Institute in Senegal, said that Harm Reduction is a powerful public A Summary of the HR Exchange 30th November  1st December 2022 health tool that has the potential to reduce cancer by 30% and should be at the centre of all public health development strategies. Harm reduction, he said, has already benefited many people in public health and is the most viable alternative in tobacco control.

It applies to areas where there is a need to reduce the harm associated with a practice or consumption of a substance that is overused in society leading to increased morbidity and mortality. “Innovative Harm Reduction initiatives will help to keep more Africans alive. Tobacco Harm Reduction initiatives, including the use of popular e-cigarettes, nicotine patches and chewing gums, have continued to generate a lot of misunderstanding in both the public health community and in the media. However, there is evidence that the use of potentially less harmful alternatives than cigarettes for those who are not willing or cannot give up smoking with currently approved methods may be a solution, not necessarily the best for everyone but by far better than continuous smoking.

Where cessation repeatedly fails, switching to less harmful products is expected to result in benefits for many smokers,” Prof. Abdoul Kassé said. Similarly, views were expressed by Kenya’s Dr. Vivian Manyeki who said tobacco Harm Reduction has a solid scientific and medical basis, and it has a lot of promise as a public health measure to assist millions of smokers. “Many smokers are unable, or at least unwilling, to achieve cessation through complete nicotine and tobacco abstinence. They continue smoking despite the very real and obvious adverse health consequences and against the multiple public health campaigns. Conventional smoking cessation proposals should be complemented with alternative but more realistic options through Harm Reduction,” Dr. Manyeki said.

Tobacco Harm Reduction was introduced to mitigate the damage caused by cigarette smoking—the most dangerous form of tobacco use, and the leading cause of preventable diseases, including cardiovascular disease, lung cancer, and chronic obstructive pulmonary disease. “Nicotine has an addictive potential but plays a minor role in smoking-related morbidity and mortality. Across the world, there is growing interest among experts in novel approaches towards tobacco control and there is an ongoing discussion that reducing the negative effects of smoking can be also achieved by tobacco harm reduction,” Dr. Kgosi Letlape, an ophthalmologist and President of Africa Medical Association and the president of the Association of Medical Councils of Africa, said.

Tobacco cessation is a key factor in the prevention of cardiovascular diseases and cancer. Abstinence from tobacco smoking is one of the primary goals for health promotion and management globally but it is unachievable in a huge amount of cases. This task remains unaccomplished despite extensive public campaigns on the health dangers of tobacco smoking. Thus, the development of novel strategies to reduce smoking is imperative. Moreover, the use of innovations in smoking products has been currently adopted by several smokers to reduce the health risks of smoking.

“The Harm Reduction approach prevents drug-related deaths and overdose fatalities and is the only way out for addicts. In the same way these alternative technologies can reduce tobacco harm and accelerate the journey to a smoke-free world as they reduce exposure to toxicants,” Bernice Apondi, A Policy Manager at Voices of Community Action and Leadership Kenya (VOCAL-Kenya), said.

During the Harm Reduction Exchange, journalists drawn from Southern, West and East African countries, including: Nigeria, Botswana, Ethiopia, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, Eswatini, Tanzania, Uganda, South Africa, Zambia, and Zimbabwe debated and set forth several resolutions in regards to the present and future as well as the challenges and progress made in Harm Reduction,and science-led regulation.

The Harm Reduction Exchange brought together high-level policy makers, physicians, scientists and health policy experts with media stakeholders from Africa in a lively mix of speeches, presentations, and panel discussions. The key note speakers included Prof Abdoul Aziz Kasse, Ms Bernice Opondi, Joseph Magero, Jonathan Fell, Chimwemwe Ngoma, Clive Bates, Dr. Kgosi Letlape, Dr. Vivian Manyeki and Dr. Tendai Mhizha.

 

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Over 2 000 civil servants interdicted

6th December 2022

Over 2,000 civil servants in the public sector have been interdicted for a variety of reasons, the majority of which are criminal in nature.

According to reports, some officers have been under interdiction for more than two years because such matters are still being investigated. Information reaching WeekendPost shows that local government, particularly councils, has the highest number of suspended officers.

In its annual report, the Directorate on Corruption and Economic Crime (DCEC) revealed that councils lead in corrupt activities throughout the country, and dozens of council employees are being investigated for alleged corrupt activities. It is also reported that disciplined forces, including the Botswana Defence Force (BDF), police, and prisons, and the Directorate of Intelligence and Security (DIS) have suspended a significant number of officers.

The Ministry of Education and Skills Development has also recorded a good number of teachers who have implicated in love relationships with students, while some are accused of impregnating students both in primary and secondary school. Regional education officers have been tasked to investigate such matters and are believed to be far from completion as some students are dragging their feet in assisting the investigations to be completed.

This year, Mmadinare Senior Secondary reportedly had the highest number of pregnancies, especially among form five students who were later forcibly expelled from school. Responding to this publication’s queries, Permanent Secretary to the Office of the President Emma Peloetletse said, “as you might be aware, I am currently addressing public servants across the length and breadth of our beautiful republic. Due to your detailed enquiry, I am not able to respond within your schedule,” she said.

She said some of the issues raised need verification of facts, some are still under investigation while some are still before the courts of law.

Meanwhile, it is close to six months since the Police Commissioner Keabetwe Makgophe, Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katlholo and the Deputy Director of the DIS Tefo Kgothane were suspended from their official duties on various charges.

Efforts to solicit comment from trade unions were futile at the time of going to press.

Some suspended officers who opted for anonymity claimed that they have close to two years while on suspension. One stated that the investigations that led him to be suspended have not been completed.

“It is heartbreaking that at this time the investigations have not been completed,” he told WeekendPost, adding that “when a person is suspended, they get their salary fully without fail until the matter is resolved”.

Makgophe, Katlholo and Kgothane are the three most high-ranking government officials that are under interdiction.

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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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