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BOFEPUSU must facilitate for essential service committee

While essential service provision stifles workers fundamental rights and potent weapon to engage in a strike for leverage purposes, mostly taking their demands to employers, it is equally imperative for trade unions particularly Botswana Federation of Public Service Union (BOFEPUSU) to call for the establishment of Essential Service Committee (ESC).

In an ideal utopian atmosphere workers need to be free to engage in a strike without governments necessarily enacting rigid acts making trade unions irrelevant and subsequently relegating workers to deplorable conditions of service. With the amendment of Trade Dispute Act (TDA) of 2016 which amongst other articles revised, rendered almost all public service employees essential service, what should therefore come from Bofepusu top brass is contemplation of pursuing for ESC.

The Federation should not even think of waiting for the outcome of legal case filed against the government for altering TDA without consulting trade unions. Whether Bofepusu wins or loses the case, essential service employees are part of Bofepusu cohorts, therefore these vulnerable employees need to be protected and cushioned against abuse by both the State and employers. The only viable remedy of bulwarking essential service employees from servitude is for Bofepusu to push for establishment of ESC.

Bofepusu should not see this noble move as a defeat of a battle to win essential service case because even without teachers there are vast numbers of essential service cadres amongst Bofepusu affiliates. For the case of our country, essential service schedule covers almost all public service. Bizarrely, the whole teaching fraternity is declared essential service.

That is, all teachers in a school including entire personnel working in the school from a gatekeeper, night watchmen, kitchenhands, groundsmen, bursar, switchboard operator, messenger, laboratory assistant, boarding master, matron, supplies officer, computer assistants and any other posts that may be created inside a school.

Basically, these essential service cadres’ rights have been limited to exercise their fundamental right to strike, however trade unions need to call for these citizens to receive essential service benefits to compensate for their constitutional rights infringements. The government has not even moved to apply statutory obligations of informing illiterate essential service employees of their expectations as essential service cadres.

The employer is legally mandated to translate and place visible laws, rules and regulations for every essential service worker to read the contents. Workers should comprehend these laws and know the consequences of not abiding to the bits and pieces of every article of essential service. These vulnerable workers can only be protected by trade union leadership by calling for the establishment of ESC.


Capital and trade unions should work in a level field without one sabotaging or taking advantage of one another. However capital by nature is avaricious, because it is preoccupied with making gigantic dividends accrued by lowing labour costs. It is only through withdrawal of labour by workers to attain their demands from employers and governments.


For International Labour Organisation (ILO) to adopt essential service principle was indeed a massive feat for both employers and governments, and a great loss to labour movements and workers globally, mainly because it is unthinkable for labour pundits to negotiate whether to render out or withdraw their treasured hands.

If workers feel unjustified by employers they have no option but withdraw labour. However after workers sold their soul to be deemed essential, they have to fight for decent work agenda through establishment of ESC, which should be a legally binding facility that critically looks after the welfare of essential service cadre.


One distinguished sociologist, Karl Polanyi developed a social theory known as countermovement. Polanyi postulated that worker rights antagonists on their endeavour to suppress workers will formulate and deploy tactics which relegate workers to servitude. In retaliation workers would consequently backlash with more radical, hostile and sophisticated rebuttals.

Interestingly, it is through this that I challenge Bofepusu as a formidable workers bloc to take the initiative by the scruff of the neck in demanding the establishment of a forum where essential service cadres conditions would be critically viewed for the betterment of its working force. Trade Union leadership should not either be fooled by employers representatives that essential service conditions of services and benefits could be discussed at the National Bargaining Council.


The principal purpose of ESC fosters cordial relations between trade unions and government/employers, therefore reducing chances of legal wrangles that may compromise productivity in the workplace. Conflicts bordering on essential service are better addressed at the level of ESC, legal cases which have recently become the order of the day for Botswana Industrial Courts could possibly become the thing of the past provided the establishment of ESC is done in good faith.


Secondly, the ESC will always come to diffuse misunderstandings emanating from failure to interpret labour laws pertaining to engaging in an action short of a strike. Drawing Bofepusu 2011 epic national strike, there was a clear standoff between trade unions and the employer over how essential service cadres should engage in a strike.

Trade unions firmly held that essential service workers are not tools therefore as human beings they should not be barred from striking, while the employer argued that essential service employees should be barred from participating in strikes because their services are essential, their services should not be interrupted because of their worth in political and economic space.


 Again trade unions believe that there should be a certain quota agreed to engage in a strike, for which the employer blatantly refute to the agreement.  Still it puts both trade unions and membership at a dilemma since the principle of “no work – no pay” still applies even if a certain numbers of essential service workers are to engage in a strike.

This principle is counterproductive to trade unions because the arrangement divides members, those remaining at workplace and those who will not be remunerated for engaging in a strike. In addition the ESC will have to come up with ways to determine who remains in the workplace and those engaging in a strike.

The latitude to remain in the workplace during a strike should not be the preserve of the employer, rather should fall squarely on the armpit of the ESC. The employer may target trade union ringleaders and make them remain in the workplace during the strike to weaken trade union organising and picketing.


Another mind boggling task of the ESC is to formulate collective agreements emanating from the discussions of the parties involved in the polemics. Such difficult assignment is the agreement on minimum service that should be left at the workplace to provide service to customers during the strike.

The essence of the strike is to suffocate services for capital, strangely capital would not in any given moment become a party to the agreement that hurts its operations. Similarly, it is basically illogically for labour to engage in a strike knowing that the daily operations of business would be normal. This jinx is normally left to the ESC to strike the balance without necessarily making one suffer over the other.


There is grave misconception from political and labour commentators in the country, of thinking that essential service employees are totally barred from engaging in a strike. During a legally sanctioned strike, there are specific numbers of essential service employees which remain in a workplace. Certain agreements need to be clearly laid down and agreed before a strike could take place.

These numbers are agreed by both the employer and trade union parties. Conversely, if it goes to the limit there is totally no need for workers bend to the rules of archaic laws enacted through dirty processes like with the case of TDA.

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Opinions

Internal party-democracy under pressure

21st June 2022

British novelist, W. Somerset Maugham once opined: “If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too.”

The truism in these words cannot be underestimated, especially when contextualizing against the political developments in Botswana. We have become a nation that does not value democracy, yet nothing represent freedom more than democracy. In fact, we desire, and value winning power or clinging to power more than anything else, even if it harms the democratic credentials of our political institutions. This is happening across political parties — ruling and opposition.

As far as democracy is concerned, we are regressing. We are becoming worse-off than we were in the past. If not arrested, Botswana will lose its status as among few democratic nations in the Africa. Ironically, Botswana was the first country in Africa to embrace democracy, and has held elections every five years without fail since independence.

We were once viewed as the shining example of Africa. Those accolades are not worth it any more. Young democracies such as South Africa, with strong institutions, deserves to be exalted. Botswana has lost faith in democracy, and we will pay a price for it. It is a slippery slope to dictatorship, which will bring among other excess, assault on civil liberties and human rights violations.

Former President, Festus Mogae once stated that Botswana’s democracy will only become authentic, when a different party, other than the Botswana Democratic Party (BDP) wins elections, and when the President of such party is not from Serowe.

Although many may not publicly care to admit, Mogae’s assertion is true. BDP has over the years projected itself as a dyed-in-the-wool proponent of democracy, but the moment its stay in power became threatened and uncertain, it started behaving in a manner that is at variance with democratic values.  This has been happening over the years now, and the situation is getting worse by the day.

Recently, the BDP party leadership has been preaching compromise and consensus candidates for 2024 general elections. Essentially, the leadership has lost faith in the Bulela Ditswe dispensation, which has been used to selected party candidates for council and parliament since 2003. The leadership is discouraging democracy because they believe primary elections threaten party unity. It is a strange assertion indeed.

Bulela Ditswe was an enrichment of internal party democracy in the sense that it replaced the previous method of selection of candidates known as Committee of 18, in which a branch committee made of 18 people endorsed the representatives. While it is true that political contest can divide, the ruling party should be investing in political education and strengthening in its primary elections processes. Democracy does not come cheap or easy, but it is valuable.

Any unity that we desire so much at the expense of democracy is not true unity. Like W. Somerset Maugham said, democracy would be lost in the process, and ultimately, even the unity that was desired would eventually be lost too. Any solution that sacrifice democracy would not bring any results in the long run, except misery.

We have seen that also in opposition ranks. The Umbrella for Democratic Change (UDC) recently indicated that its incumbent Members of Parliament (MPs) should not be challenged for their seats. While BDP is sacrificing democracy to stay in power, UDC is sacrificing democracy to win power. It is a scary reality given the fact that both parties – ruling and opposition — have embraced this position and believe democracy is the hindrance to their political ambitions.

These current reality points to one thing; our political parties have lost faith in democracy. They desire power more than, the purpose of power itself. It is also a crisis of leadership across the political divide, where we have seen dissenting views being met with persecution. We have seen perverting of political process endorsed by those in echelons of power to manipulate political outcomes in their favour.

Democracy should not be optional, it should be mandatory. Any leader proposing curtailing of democracy should be viewed with suspicion, and his adventures should be rejected before it is too late. Members of political parties, as subscribers of democracy, should collectively rise to the occasion to save their democracy from self-interest that is becoming prevalent among Botswana political parties.

The so-called compromise candidates, only benefits the leadership because it creates comforts for them. But for members, and for the nation, it is causing damage by reversing the gains that have been made over the years. We should reject leaders who only preach democracy in word, but are hesitant to practice it.

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Opinions

The Big Deal About Piracy

21st June 2022
piracy

Piracy of all kinds continues to have a massive impact on the global creative industry and the economies of the countries where it thrives.

One of the biggest misconceptions around piracy is that an individual consumer’s piracy activities, especially in a market the size of Botswana’s, is only a drop in the pool of potential losses to the different sectors of the economy piracy affects.

When someone sitting in Gaborone, Botswana logs onto an illegal site to download King Richard online, they don’t imagine that their one download will do anything to the production house’s pocket or make a dent in the actors’ net worth. At best, the sensitivity towards this illegal pirating activity likely only exists when contemplating going about pirating a local musician’s music or a short film produced locally.

The ripple effects of piracy at whatever scale reach far beyond what the average consumer could ever imagine. Figures released by software security and media technology company, Irdeto, show that users in five major African territories made approximately 17,4 million total visits to the top 10 identified piracy sites on the internet.

The economic impact of this on the creative industry alone soars to between 40 and 97.1 billion dollars, according a 2022 Dataprot study. In addition, they estimate that “illegally streamed copyrighted content consumes 24% of global bandwidth”.

As Botswana’s creative industry remains relatively slight on the scale of comparison to industries such as Nollywood and Nilewood where the creative industry contributes a huge proportion to West and East Africa’s respective GDPs, that does not imply that piracy activities in Botswana do not have a similar impact on our economy and the ability of our creative industry to grow.

When individuals make decisions to illegally consume content via internet streaming sites they believe they are saving money for themselves in the name of enjoying content they desire to consume. Although this is a personal choice that remains the prerogative of the consumer, looking beyond the fact that streaming on illegal content sites is piracy, the ripple effect of this decision also has an endless trail of impact where funds which could be used to grow the local creative industry through increased consumption, and revenue which would otherwise be fed back into Botswana’s economy are being diverted.

“Why can’t our local creative industry grow?” “Why don’t we see more home-grown films and shows in Botswana?” are questions constantly posed by those who consume television content in Botswana. The answer to this lies largely in the fact that Botswana’s local content needs an audience in order for it to grow. It needs support from government and entities which are in a position to fund and help the industry scale greater heights.

Any organisational body willing to support and grow the local creative industry needs to exist and operate in an economy which can support its mandates. Content piracy is a cycle that can only be alleviated when consumers make wiser decisions around what they consume and how.

This goes beyond eradicating piracy activities in so far as television content is concerned. This extends to the importation and trade in counterfeit goods, resale of goods and services not intended for resale across the border, outside its jurisdiction, and more. All of these activities stunt the growth of an economy and make it nearly impossible for industries and sectors to propel themselves to places where they can positively impact society and reinvest into the country’s economy.

So what can be done to turn the tide here in Botswana in order to see our local production houses gain the momentum required to produce more, license more and expand their horizons? While those who enforce the law continue to work towards minimizing piracy activities, it’s imperative that as consumers we work to make their efforts easier by being mindful of how our individual actions play a role in preventing the success of our local creative networks and our economy’s growth.

Whether you are pirating a Hollywood Blockbuster, illegally streaming a popular Motswana artist’s music, or smuggling in an illegal decoder to view content restricted to South Africa only, your actions have an impact on how we as a nation will make our mark on the global landscape with local creative productions. Thembi Legwaila is Corporate Affairs Manager, MultiChoice Botswana

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Opinions

Our Strength is our Unity

18th March 2022
Craig-Cloud

Putin Chose War.  We Remain United with Ukraine.

U.S. Ambassador Craig L. Cloud

This is a dangerous moment for Europe and for freedom-loving people around the world.  By launching his brutal assault on the people of Ukraine, Vladimir Putin has also committed an assault on the principles that uphold global peace and democracy.  But the people of Ukraine are resilient.

They’ve had a democracy for decades, and their bravery is inspiring the world.  The United States, together with our Allies and partners across the globe, will continue to support the Ukrainian people as they defend their country.  By choosing to pay for a war instead of investing in the needs of Russians, Putin’s invasion of Ukraine will be a strategic failure for the Kremlin and ravage the future of the Russian people.

When the history of this era is written, it will show that Putin’s choice to launch an unprovoked, unjust, and premeditated attack left the West more unified and Russia exponentially weaker.

United in Our Response

This will not end well for Vladimir Putin.  Together, the United States and our Allies and partners are taking action to hold Russia accountable.  As a result of unprecedented global sanctions coordination, the United States, the United Kingdom, the European Union, Japan, and Canada have removed selected Russian banks from the SWIFT messaging system and imposed restrictive measures on the Russian Central Bank.

President Biden announced sweeping financial sanctions and stringent export controls that will damage Russia’s economy, financial system, and access to cutting-edge technology.  After Putin began his invasion, the ruble hit its weakest point in history, and the Russian stock market plunged.

Along with the United Kingdom and European Union, the United States imposed sanctions on the architects of this war, including Putin himself.

By moving in close coordination with a powerful coalition of Allies and partners representing more than half of the global economy, we have magnified the impact of our actions to impose maximum costs on Putin and his regime.  In response to Putin’s war of choice, we will limit Russia’s ability to do business in U.S. dollars.

We will stunt Russia’s ability to finance and grow its military.  We will impair Russia’s ability to compete in the global economy.  And we are prepared to do more.

In addition to economic penalties, this week President Biden authorized an additional $1 billion over the $350 million of security assistance he recently approved, and a $650 million in 2021, to immediately help Ukraine defend itself, bringing America’s total security assistance to Ukraine over the past year to $2 billion.

We also stand ready to defend our NATO Allies.  President Biden has coordinated with Allied governments to position thousands of additional forces in Germany and Poland as part of our commitment to NATO’s collective defense.

He authorized the deployment of ground and air forces already stationed in Europe to NATO’s eastern and southeastern flanks:  Estonia, Latvia, Lithuania, Poland, and Romania.  Our Allies have also added their own forces and capabilities to ensure our collective defense.  There should be no doubt about the readiness of the greatest military Alliance in the history of the world:  NATO is more united than ever.

The United States has also coordinated with major oil-producing and consuming countries to underscore our common interest in securing global energy supplies.  We are working with energy companies to surge their capacity to supply energy to the market, particularly as prices increase.

Putin’s Unprovoked and Premeditated War

This was an attack that Vladimir Putin has planned for a long time.  He methodically moved more than 150,000 troops and military equipment to Ukraine’s border.  He moved blood supplies into position and built field hospitals, demonstrating his intentions all along.

He rejected every good-faith effort by the United States and our Allies and partners to address his fabricated security concerns and to avoid needless conflict and human suffering by engaging in diplomacy and dialogue.

Putin executed his playbook exactly as we had warned he would do.  We saw Russia’s proxies increase their shelling in the Donbas.  We saw the Russian government launch cyber-operations against Ukraine.  We saw staged political theater in Moscow and heard outlandish and baseless claims made about Ukraine in an attempt to justify Russia’s aggression.

Russia continues to justify its military aggression by falsely claiming the need to stop “genocide” in Ukraine – despite there being no evidence that genocide was occurring there.  We saw Russia use these tactics before when they invaded Ukraine in 2014 and Georgia in 2008.

And then, at almost the very same moment the United Nations Security Council was meeting to stand up for Ukraine’s sovereignty and forestall disaster, Putin launched his invasion in violation of international law.  Missiles began to rain down, striking historic cities across Ukraine.  Then came air raids, columns of tanks, and battalions of troops, all riding a renewed wave of disinformation and outright lies.

We have been transparent with the world.  We declassified our intelligence about Russia’s plans so there could be no confusion and no cover up.  Putin is the aggressor.  Putin chose this war.  And now his people will bear the consequences of his decision to invest in war rather than in them.

Transatlantic Unity and Resolve Stronger Than Ever

Putin’s goal of dividing the West has failed.  In the face of one of the most significant challenges to European security and democratic ideals since World War II, the United States and our Allies and partners have joined together in solidarity.  We have united, coordinating intensively to engage as one with Russia and Ukraine, provided assistance to Ukraine, developed a broad response, and reaffirmed our commitment to NATO.

Putin has failed to divide us.  Putin has failed to undermine our shared belief in the fundamental right of sovereign nations to choose their destiny and their allies.  And Putin will fail to erase the proud nation of Ukraine.

The next few days, weeks, and months will be incredibly difficult for the people of Ukraine.  Putin has unleashed great suffering on them.  But the Ukrainian people have known 30 years of independence, and they have repeatedly shown they will not tolerate anyone who tries to take their country backwards.

The world is watching this conflict closely, and if Russian forces commit atrocities, we will explore all international mechanisms that could be used to bring those responsible – whether members of the military or their civilian leadership – to account.

Putin’s aggression against Ukraine will cost Russia profoundly, both economically and strategically.  The Russian people deserve better from their government than the immense cost to their future that this invasion has precipitated.

Liberty, democracy, and human dignity are forces far more powerful than fear and oppression.  In the contest between democracy and autocracy, between sovereignty and subjugation, make no mistake:  Freedom will prevail.

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