The salary negotiations between government and Botswana Federation of Public and Private Sectors Union (BOFEPPUSU) have this week suffered another blow.
Weekend Post has established that the talks have reached a new deadlock hardly 2 weeks following the commencement of Public Service Bargaining Council (PSBC) proceedings. This comes after the union party tabled their proposal of a whopping 10.5% salary increment as well as improved conditions of service for their membership during the first sitting of the talks.
In return it is understood that government has flatly declined to counter the union proposal, sparking debates that they may be on agenda to delay the talks further with a purpose to render the PSBC irrelevant and consequently continue with unilateral increments. Government has recently unilaterally increased public servants salaries by 3%, citing the union court battles as procrastinating. In the court battle, BOFEPPUSU was in dispute with Botswana Public Employees Union (BOPEU) over who should sit or not sit in the PSBC. This happened subsequent to the BOPEU’s withdrawal from union federation affiliation.
“Yes it is true that government party has this week stalled 2016/17 salary negotiations indicating that they have no mandate to continue with the salary negotiations and further they are refusing to respond to the Trade Union proposal of 2017/18 salary negotiations,” BOFEPUSU Deputy Secretary General, Ketlhalefile Motshegwa, told Weekend Post on Friday in an interview.
Motshegwa further lambasted the government representatives at PSBC highlighting that they are never productive. He said the government party aways go to the meeting without mandate, and “they would be continuously on the phone saying "they are calling bagolo". Motshegwa meant that they are calling “top” government officials or politburo.
“At the Bargaining Council, employer representatives are always unreasonable and frustrating the Bargaining Council. In fact they are dedicated to kill the Bargaining Council so that Government alone can unilaterally decide on conditions of service of workers,” the unionist expressed their frustrations.
At this moment, he further pointed out that there is low morale in the Public Service and there are poor conditions of service of workers, and in addition there is animosity and instability in the civil service stemming probably to the delayed talks. The PSBC operates on a 50/50 representation from government and recognised public service trade unions (BOFEPUSU under acting jointly agreement). Government is currently represented by 8 and union party 8 as well. The PSBC was established by section 50 and 51 of the Public Service Act to negotiate between the employer and public service unions.
Union put blame on BDP, Molale for dysfunctional PSBC Union party has blamed the ruling Botswana Democratic Party (BDP) and Minister of Presidential Affairs, Governance and Public Administration, Eric molale for interfering as well as influencing the government party in the PSBC.
Motshegwa has stated that since Molale’s days as Permanent Secretary, later as Permanent Secretary to the President, he has always been and continue to be confrontational against Trade Unions and undermine social dialogue mechanism thereby undermining Freedom of Association and the right to Organise, as well as Collective Bargaining.
“The Bargaining Council continues to be disrespected, disregarded and Labour laws violated in the Public Service under the mentorship and influence of Minister Eric Molale,” the BOFEPPUSU leader pointed out. According to Motshegwa, they had written to Cabinet seeking to address it on matters of Public Service for dialogue is fundamental in preserving democracy, peace and prosperity.
“But we were however turned down by the Permanent Secretary To The President (PSP), Carter Morupisi, who wrote back saying that we should in turn meet Minister Molale as he is the one responsible for Public service. We wrote to Minister Molale based on Morupisi's correspondence and Minister Molale has since refused to meet leadership of BOFEPPUSU.”
This, the unionist continued, “depicts arrogant and unaccountable leadership that has no place in modern democracy. It can then safely be interpreted that Minister Molale 's onslaught against Trade Unions is endorsed and condoned by the BDP, for they seem to have placed much trust on him despite his dismal failure in his portfolio.”
He said the BDP has responsibility to account for Minister Eric Molale’s continued bullying of Trade Unions and disregard of the Public Service Bargaining Council. “If Botswana Democratic Party does not whip Minister Molale into the line then his conduct and actions will surely cost them as they will attract many enemies not only within civil service,” he added.
Gov’t parties in PSBC clueless about labour relations? Motshegwa said that in year 2010 there were 1000 Permanent Secretaries and Directors and today there are 2000. He added that this is just a burden to the expenditure because still with many Permanent Secretaries and Directors productivity has gone down. “It is people at this scales who get large slice of the wage bill. In yester years Permanent Secretaries were powerful and principled. They could stand their ground and objectively tender their advice to Government.”
According to BOFEPPUSU DSG there are confrontational and inexperienced Permanent Secretaries who are clueless about Labour relations and contemporary trends of workplace democracy and “these are the kind of robots like Permanent Secretaries and Directors who simply carry Minister Eric Molale’s instructions without even putting their own conscience.”
Motshegwa maintained that Molale’s role in mandate giving to those who represent the Government at the Bargaining Council continue to spell bad for the Bargaining Council and the Country. He added that his influence and role in the Public Service has brought an era of bad relations between Trade Unions and Government and therefore negatively impacting on the democracy of the Country.
“Today,” he pointed out, “it is different as those appointed to such positions are not necessarily the best in the civil service due to an entrenched culture of nepotism that reward bootlicking and sycophancy.” The selection process and promotion process, he said, is riddled with corrupt connotations.
“We have headship of civil service that is willing to carry instructions of political masters no matter how absurd and ill-advised they are. This is the kind of crop of Permanent Secretaries and Directors who will severely cost the BDP with their popular vote.” On his part, BDP Secretary General, Botsalo Ntuane, defended BDP and refuted claims of interference in the works of PSBC as a political party.
“I think sometimes BDP is given unfair treatment. I sit in all key decision making meetings of the party and the PSBC has never been discussed,” Ntuane defended his party. He further insisted that, “the BDP does not participate in PSBC. It’s a forum for unionists and government officials and we are not privy to their deliberations.”
Public Servants should brace themselves for some changes as the government is in an overdrive mode to overhaul the public sector. The government has also set the tone for the looming changes as it has added the public sector to its looming list of major and sweeping reforms.
This is contained in a savingram from the Permanent Secretary to the President (PSP) Emmah Peloetletse’s office showing how the government intends to “take stock” of all reforms in the public sector through the establishment of an inventory. Peloetletse’s savingram addressed to various ministries and the Directorate of Public Service Management (DPSM) reveals that the government is working around the clock to implement some changes in the Public Service.
The savingram reminded Permanent Secretaries of various ministries and DPSM that the public sector reforms unit (PSRU) at the Office of the President is mandated with Coordinating Reforms across the Public Service. “This essentially entails providing the strategic guidance and facilitation in the implementation of reforms across the Public Service. In this endeavour the Unit has in the past with Technical Assistance from European Union developed a template for documenting Reforms in the Public Service and documented ten (10) major reforms across the Public Service,” reads the savingram in part. It added that “The Unit has lately rolled out the Change Management Framework in an effort to facilitate effective and efficient management of change in the Public Service.”
According to the savingram, it has been noted that for a variety of reasons the use of the template for documenting reforms has not been universally used across the Botswana Public Service. It further states that to facilitate the documentation of the reforms it is essential that an inventory of the various reforms across the Public Service (Central Government, Local Government and State Owned Entities) is established.
“By this correspondent we are seeking your assistance in populating the attached template to provide basic information on the various reforms. The PSRU will, through the various Coordination of focal Persons facilitate the full documentation of the reforms once the inventory is established,” the savingram further stated. The copy of the template among others calls on the focal persons to fill out them form under several headings; they include title of reform, start date, reform objectives, reform components, reform components, progress status.
The savingram echoes President Mokgweetsi Masisi’s announcement last year during his state of the nation address that as a nation Botswana has set itself a lofty goal of becoming a high income country by 2036 and has come up with a list of reforms among them digitisation of government infrastructure. He said the path to achieving this goal dictates that, Botswana takes deliberate steps that will transform its institutions; the way Batswana think and the way they act.
“It is with this in mind, that I presented a Reset Agenda in May 2021, with the following priorities: Save Botswana‘s population from COVID-19, by implementing a series of life saving measures that include a successful and timely vaccination programme, Adherence to COVID-19 health protocols remains key and align Botswana Government’s machinery to the Presidential Agenda, to ensure that the national transformation agenda will be embodied in the public service of the day,” said Masisi. He added that, “this will come with significant Government reforms in all public institutions. We need greater agility and responsiveness like never before in the delivery of public services.”
The Presidential COVID-19 Task Force reportedly meddled in the awarding of tenders for COVID-19, a new Public Accounts Committee (PAC) report has revealed.
The Committee expressed concern that it has noted that there are two centres for covid procurement being the Ministry of Health and the Covid Task team in the Office of the President. The report says the Committee questioned the Accounting Officer on why the COVID 19 task team is usurping the powers of the Ministry of Health by engaging in covid procurement when the Ministry of Health is the one which has the experience and mandate of dealing with the pandemic. The report says clarification was also sought on why direct appointment is the preferred method for covid procurement.
“In her response the Accounting Officer stated that the task team was mainly engaged in the procuring of quarantine facilities and was assisting the Ministry of Health due to the heavy workload brought about by the COVID 19 pandemic,” the report says. The report says the Accounting Officer further stated that direct procurement was used because COVID 19 was treated as an emergency and that procurement was mainly from companies that have been traditionally used by the Ministry of Health.
“This however, is not the case as there has been report of new companies being awarded COVID -19 contracts. The use of direct procurement method should only be used in exceptional cases as it’s a non-competitive method which increases the risk of inflated pricing and close relations with particular suppliers to the detriment of others,” the report says.
It says since most covid procurement fell under emergency, there is need for openness and transparency regarding the procurement. The PAC recommended that in order to ensure transparency and accountability all COVID 19 related procurement should be periodically published in the PPADB website giving full details of the companies receiving procurement contracts and the beneficial owners of the companies.
It says with the passage of time the impact of covid is no longer unexpected so direct awards should gradually be abandoned as the medium and long-term needs of the pandemic can now be predicted. “Judgement should be used even during direct awards to ensure that prices are not higher than the market prices,” the report says.
In a related matter, the report says the Central Medical Stores (CMS) was unable to cater for the required quantities of medical supplies with order fulfilments of about 35% resulting in shortages and insufficient drugs to Athlone Hospital and the surrounding clinics. “In his submission the Accounting Officer had indicated that CMS was unable to supply the exact quantities required by the hospital and surrounding clinics due to the fact that supplies from CMS have to be rationed in order to cover other facilities around the country,” says the report.
The committee expressed concern about the inadequate supply of drugs to government facilities which puts the lives of patients at risk due to non- availability of essential supplies. It recommended that the Ministry identifies and prioritise measures that need to be taken to ensure that there is adequate supply of essential medicines which are needed in the public health system.
Meanwhile the report says the Ministry of Health and Wellness coordinates the operations and functions of some institutions which receive government subventions and secondment of staff from the government. These institutions include 10 NGO’s, two mission Hospitals, three mission clinics and two schools of Nursing.
It says in its endeavour to enhance efficiency and effectiveness of government support to NGOs the Ministry of Finance and Economic Development developed some Policy Guidelines for Financial Support to Non- Governmental Organisations. According to the PAC report, the guidelines were meant to ensure that there is consistency, accountability and transparency in administering public funding to NGOs. However, the Ministry of Health did not comply with the very important guidelines.
“The main areas of non-compliance were the following: (i) There was no Evaluation Committee to vet proposals from NGOs, in some instances NGOs had formed part of the evaluation forum when their requests were being considered,” the report says. It says there was continued funding of NGOs even when they failed to submit narrative and financial progress reports; and (iv) Continued funding of NGOs that failed to submit audited financial statements and management letters as required. The Committee expressed concern at the lapses in the administration of grants by the Ministry despite the large sums of public money awarded to these NGOs.
The Kasane Regional Magistrate Court refused this week to rule on whether three Namibians and their Zambian cousin shot dead by members of the Botswana Defence Force (BDF) were in possession of a rifle or not prior to their deaths.
Ruling in favour of the BDF members, Regional Magistrate Taboka Mopipi who presided over the inquest said, “It is acknowledged that no rifle has been produced before court to confirm that indeed the deceased were armed and or that there was indeed a gun shot.” She said the evidence before the court is that search for the rifle(s) that allegedly triggered the gunfire exchange was done by both Namibia and Botswana SCUBA divers and nothing was found. She said when the said search was done, an area of search was demarcated around the scene area which was partly searched due to water animals such as hippos that launched an attack at the area during the search.
“The search was therefore never concluded. This therefore leaves a gap. To that end, the area not extensively searched, the court cannot make a finding whether the rifle in issue was there or not. This is a very crucial piece of evidence,” added Mopipi. She said the joint search did not conclude the exercise and I cannot properly make a finding of fact adding that that the rifle was there as the BDF allege can therefore not be ruled out.
The deceased are Martin Munilweye Nchindo, Ernest Nchindo, Tommy Sinvula Nchindo and Sivula Munyeme. The four deceased persons died on the night of the 5th November 2020, in the waters of the Chobe River (Southern Channel) near Sedudu/Kasikili Island in Botswana. Mopipi said the incident took place at night, in a gloomy atmosphere and that as at the time, movement in that particular area was restricted and or not permitted.
She said it was the evidence of some of the witnesses that the injuries as observed on the four deceased reflected that they were brutally assaulted and or beaten either before or after being shot. “Their evidence gained support from Witness 34, Dr. Bithoma Thotho Amis who observed post mortem on behalf of the families of the deceased and Government of Namibia. This witness however conceded during cross-examination that the injuries as observed have been caused by other contacts and or impacts such as falling and hitting the hard surface of a wooden canoe,” said Mopipi.
She emphasized that inquest proceedings have very serious consequences and therefore, whatever evidence brought before court must be produced by persons of right qualifications particularly the post mortem report which the court has to rely upon. “The qualification of the expert is crucial in determining the credibility of the report. Upon assessment of both experts, I am inclined to adopt the reports from Witness 18, who is a qualified pathologist. A closer look at the other report indicates that the author, Witness 34 is not a qualified pathologist and it is meddled by issues outside an expert opinion,” she said.
Mopipi said reports compiled by a consultant Forensic Pathologist Dr. Kaone Panzirah-Mabaka show the causes of death as follows; Sivula Munyeme, gunshot injury to the chest and extremities, Martin Nchindo, gunshot wound to the abdomen and pelvis, Ernest Nchindo, multiple gunshot injuries to the chest and extremities and Tommy Nchindo, gunshot wound to the chest and abdomen.
“Medical evidence therefore prove conclusively that the four deceased persons died due to gunshots injuries. It is undisputed that the injuries were inflicted by seven (7) members of the Botswana Defence Force; Lieutenant Moreri Kenneth Mphela, Sergeant Ndingisano Nfazo, Sergeant Puisano Pistor Kgokong, Private Mbikiso Tafila, Private Emmanuel Moganetsi Majuta, Private Barulaganyi Rannosang and Private Oromilwe Motlhabi,” said Mopipi.
Mopipi found that there was a gunshot from the direction of the men to the direction of the BDF section. “The BDF members retaliated and returned fire. This was done in accordance with Standard Operation Procedures (SOPs) within the BDF. According to the SOPs, in case a soldier is being fired at, they fire back and do not have to wait for a command,” she said. She added that “The gunfire exchange was brief and after it ceased, they used a torch to light where the men were and established that all the four men were motionless, two in one canoe, one in the other and the other man lying on the edge of the river on the Island.”
She said, “The evidence of the witnesses is that, when they followed the intel, the intent was to conduct an investigation. There was clearly no intent on their part to shoot the deceased, they did that as an act of retaliation.”