Botswana Federation of Public Sector Unions (BOFEPUSU) has filed an application with the High Court seeking a review and setting aside of the decision taken by Directorate of Public Service Management (DPSM) to unilaterally increase the salaries of public officers employed in terms of the Public Service Act by 3 percent prior to the conclusion of wage negotiations.
In stating grounds for review Rari writes that the decision to unilaterally increase salaries is a breach of the Government’s duty to bargain in good faith at the Public Service Bargaining Council (PSBC). He further argues that implementing an increment in respect of non-unionised employees of Government (comprising both managerial and non-management employees) undermines and violates the legislative role of the PSBC.
“Government as an employer and as a member of the PSBC therefore has a duty in terms of the law to conduct itself in good faith as regards conditions of service, which conditions of service must be deliberated upon and discussed at the Council. Salaries as an integral component of employment must be deliberated and discussed at the Council,” he states.
Rari says he is advised that the unilateral decision taken by government is a classic form of bad faith bargaining. The employer party cannot resort to unilateral action as this makes nonsense of the entire bargaining process, says Rari. He says this remains the case whether or not negotiations are on-going at the PSBC.
“The Applicant trade unions are members of the PSBC and this means that the government owes them as members a duty to bargain with them in good faith.” Rari further posits that the decision to unilaterally increase salaries makes nonsense of the usefulness and relevance of Applicant trade unions to the entire bargaining process.
“It certainly gives the impression to the Applicant’s members that they are better off not being members of the Applicants and that they can get better conditions of service without the Applicants (BOFEPUSU)” .
Rari says the PSBC has the sole responsibility of determining terms and conditions in the public service, “and this is especially so because it is registered as a joint industrial council which by definition negotiates terms and conditions of employment for employees in the industry.”
He says in terms of the PSBC constitution, all members of the public service (except the disciplined forces) fall within its scope of reach. He states that it matters not whether or not the employee is unionised or non-unionised; all outcomes and resolutions at the Council affect the entire public service.
“Non-unionised employees will comprise both managerial and non-management employees as both managerial and non-management employees are all employees of the public service. The PSA does not exclude members of management from the scope of operation of the PSA. As long as the employee is governed by the PSA, such an employee is a member of the public service and falls within the scope of reach of the PSBC.”
BOFEPUSU says on 11th March 2016, government’s intention to implement salary increases for non-unionised public officers falling within the scope of the Council to the exclusion of other public officers, was brought to their attention by a source within government. Through their Attorneys on 14th March 2016 they sought a written undertaking that government will not unilaterally implement a salary increase for non-unionised public officers for the year 2016/17 until the lawfulness thereof had been established. Rari explains that government did not respond to the notice.
While Rari had been “reliably informed” that government had been advised that payroll system will be unable to differentiate between non-unionised employees and unionised employees for purposes of an increment which made him conclude that there would be no unilateral increment, he was shocked on 31 March 2016 when he received a Directive dated 30 March 2016 authored by DPSM, Ms Ruth Maphorisa, announcing a unilateral salary increment for all public officers, of 3 %.
Rari said the Directive shocked him because they have for the last several years negotiated salary increases through the Public Service Bargaining Council (PSBC). “Last year we were able to achieve a 6 % increase following extensive negotiations,” he says in his affidavit.
Rari argues that the decision to proceed with a unilateral increment is undoubtedly a breach of the duty to bargain in good faith. He states that government ought to have returned to the PSBC following the noting of appeal. “Even if one assumes that the PSBC was dysfunctional, its dysfunctionality or non-existence did not negate government’s obligations to bargain at the workplace on an individual basis with the unions that fall under BOFEPUSU,” writes Rari.
According to BOFEPUSU secretary general, whether there is PSBC or not, their members will always have a right in law to bargain collectively for their members as long as they remain recognised and do not breach resolutions of the PSBC. “Any unilateral changes to the remuneration of public officers falling within the scope of the PSBC is thus unlawful,” he says.
PSBC was ready to start verification of members
Meanwhile the PSBC was ready to kickstart the membership verification process for recognised unions to prepare for salary negotiations. The General Secretary of the PSBC Mr Patla Ulaula had written to recognised unions in reference to the Court of Appeal ruling of 17th June 2016. He stated that the Council had been instructed to conduct a determination of union membership figures. He further wrote that they were still studying the judgement with the view to ensure that its contents are sufficiently internalised and effectively implemented.
Ulaula appreciated that the Court of Appeal has not specified any timeframe for the verification process, but he stated that it is a consuming and engaging process that requires more time and human resource efforts and there is need to be diligent and pay attention to detail. He also communicated that they will be done with their internal processes by around July 5th and should be in a position to invite unions to submit their packages by around July 8th.
But following the BOFEPUSU application before the court seeking a review of the decision to unilaterally implement a 3 percent salary increase, PSBC may be forced to revise its dates because the court process will also take a bit of time. Public servants will once again have to give the courts time to deal matters of law before actual bargaining starts.
Botswana Telecommunications Corporation Limited (BTC) has announced that its 3rd Francistown Marathon will be held on Saturday 20th April 2024 at Obed Itani Chilume Stadium in Francistown. The BTC Francistown Marathon is officially recognised by World Athletics and a Comrades Marathon Qualifier will offer race categories ranging from 42.2km, 21.1 km, 10km, 5km fun run, 5km peace run for children and has introduced a 5km and 10km categories for wheelchairs athletics.
BTC also used this opportunity to announce beneficiaries who received donations from proceeds made from the 2nd BTC Francistown Marathon that was held on April 23rd 203. BTC donated a play area, plastic chairs and wooden tables for pupils worth a total of thirty eight thousand, one hundred and three pula, fifty thebe each (P38, 103.50) to Monarch Primary School, Tatitown Primary School, Mahube Primary School and Gulubane Primary School. Ditladi and Boikhutso clinics each received a donation of benches, television sets and 10, 000 litre water tanks worth thirty seven thousan, eight hundred and ninety eight pula (P 37, 898.00). Additionally, BTC also donated seventy thousand pula (P70,000.00) to their marathon technical partner, Francistown Athletics Club (FAC) which will be used for daily operations as well as to purchase equipment for the club.
The BTC Francistown Marathon aligns seamlessly with BTC’s corporate social investment programme, administered through the BTC Foundation. This programme is a testament to BTC’s dedication to community development, focusing on key areas such as health promotion. The marathon, now in its third year, not only promotes a healthy lifestyle but also channels all proceeds to carefully chosen charities as part of BTC’s commitment to impactful and sustainable projects.
Speaking at the launch, the BTC Managing Director Mr Anthony Masunga stated that the marathon underscores BTC’s commitment to community upliftment and corporate social investment. He stated that “the annual event which has been in existence since 2016, having taken a break due to the covid and other logistical issues, is instrumental to the economic upliftment of the city of Francistown”. He congratulated all the beneficiaries for having been nominated to receive the donations, adding that “the donation of proceeds from the 2023 marathon aims to highlight BTC’s commitment and heart for Batswana and our continued impact in the different industries”.
He further stated that through this marathon, “we demonstrate our steadfast commitment to having a good influence on our communities, this event is a manifestation of our dedication to promoting education and a healthier, more active society”. He concluded by stating that “BTC looks forward to another successful marathon that will leave a lasting positive influence on the greater Francistown community and the country at large” he said.
Giving welcome remarks, the Councillor for Donga, Honourable Morulaganyi Mothowabarwa stated that “he is ecstatic that BTC is collaborating with the City of Francistown on yet another installment of the Marathon”. He continued to offer his support to BTC to enable this marathon to continue over the coming years, stating that the “CSI element is a welcome development that helps empower our communities”, he said.
The 3rd BTC Francistown Marathon is officially open for registrations and athletes may use the following platforms to register and pay; through Smega by dialling *173# and choosing opton 5, then choose Option 3 for the Francistown marathon, at any BTC store or by visiting the BTC website and clicking on the BTC Francistown Marathon and choosing the relevant options.
Thapelo Letsholo, Member of Parliament for Kanye North, delivered a moving speech at the United Nations International Anti-Corruption Day commemoration, praising President Dr. Mokgweetsi Eric Keabetswe Masisi’s digitalization initiative in the fight against corruption. Letsholo highlighted the importance of embracing digitalization in governance as a crucial step in curbing corrupt practices.
According to Letsholo, the implementation of digital systems in government services can significantly reduce direct interactions between citizens and officials, which often serve as fertile grounds for corruption. By minimizing these opportunities for illicit activities, the efficiency and transparency of public services can be enhanced. Letsholo pointed to Estonia’s success in digital governance as an example, where public services have become more transparent, accessible, and efficient.
The MP commended President Masisi’s commitment to digitalization and E-Governance, emphasizing that it aligns with global anti-corruption standards. He called for full support and active participation from all sectors to ensure the success of this initiative.
Letsholo also stressed the importance of improving detection methods and refining whistleblower laws to effectively combat corruption. He highlighted the unseen and unspoken facets of corruption as its lifelines, emphasizing the need for robust detection mechanisms and a system that encourages and protects whistleblowers.
Addressing the societal role in fighting corruption, Letsholo focused on the crucial role of everyday citizens and civil servants who often witness corrupt practices firsthand. He acknowledged the existing reluctance to report corruption due to the perceived risks of repercussions. To change this narrative, Letsholo advocated for creating an environment where staying silent is deemed more detrimental than speaking out. He called for a cultural shift where the potential benefits of exposing corruption outweigh the risks, ensuring that whistleblowers are protected and feel secure in coming forward.
Letsholo called for collective responsibility and action in creating a system that not only detects and reports corruption but also supports those who stand against it. He expressed hope that under President Masisi’s digitalization initiatives, the future of governance in Botswana will be characterized by integrity, transparency, and accountability. Letsholo’s speech resonated with the sentiments of hope and determination that permeated the commemoration, emphasizing the need for unity in the fight against corruption.
In summary, Letsholo lauded President Masisi’s digitalization initiative in the fight against corruption, highlighting its potential to curb corrupt practices, enhance efficiency and transparency in public services, and align with global anti-corruption standards. He emphasized the importance of improving detection methods, refining whistleblower laws, and creating an environment where speaking out against corruption is encouraged and protected. Letsholo called for collective responsibility and action in creating a future characterized by integrity, transparency, and accountability in governance.
FaR Property Company (FPC) Limited, a property investment company listed on the Botswana Stock Exchange, has recently announced its exceptional financial results for the year 2023. The company’s property asset value has risen to P1.47 billion, up from P1.42 billion in the previous year.
FPC has a diverse portfolio of properties, including retail, commercial, industrial, and residential properties in Botswana, South Africa, and Zambia. The company owns a total of 186 properties, generating rental revenues from various sectors. In 2023, the company recorded rental revenues of P11 million from residential properties, P62 million from industrial properties, and P89 million from commercial properties. Overall, the company’s total revenues increased by 9% to P153 million, while profit before tax increased by 22% to P136 million, and operating profit increased by 11% to P139 million.
One notable achievement for FPC is the low vacancy rate across its properties, which stands at only 6%. This is particularly impressive considering the challenging trading environment. The company attributes this success to effective lease management and the leasing of previously vacant properties in South Africa. FPC’s management expressed satisfaction with the results, highlighting the resilience of the company in the face of ongoing macroeconomic challenges.
The increase in profit before tax can be attributed to both an increase in income and effective control of operating expenses. FPC managed to achieve these results with fewer employees, demonstrating the company’s efficiency. The headline earnings per linked unit also saw an improvement, reaching 26.92 thebe, higher than the previous year.
Looking ahead, FPC remains confident in its competitiveness and growth prospects. The company possesses a substantial land bank, which it plans to develop strategically as opportunities arise. FPC aims for managed growth, focusing on consumer-driven developments and ensuring the presence of supportive tenants. By maintaining this approach, the company believes it can sustainably grow its property portfolio and remain competitive in the market.
In terms of the macroeconomic environment, FPC noted that inflation rates are decreasing towards the 3% to 6% range approved by the Bank of Botswana. This is positive news for the company, as it hopes for further decreases in interest rates. However, the fluctuating fuel prices, influenced by global events such as the war in Ukraine and oil output reductions by Russia and other Middle Eastern countries, continue to impact businesses, including some of FPC’s tenants.
FPC’s property portfolio includes notable assets such as a shopping mall in Francistown with Choppies Hyper as the anchor tenant, Borogo Mall located on the A33 main road near the Kazungula ferry crossing, and various industrial and commercial properties in Gaborone leased to Choppies, Senn Foods, and Clover Botswana. The company also owns a shopping mall in Mafikeng and Rustenburg in South Africa.
The majority of FPC’s properties, 85%, are located in Botswana, followed by 12% in South Africa and 3% in Zambia. With its strong financial performance, competitive position, and strategic land bank, FPC is well-positioned for continued growth and success in the property market.