Connect with us
Advertisement

Trade Dispute bill: Potential draconian law

Botswana Democratic Party (BDP) back bencher, Billy Buti


Trade Disputes Bill, which is currently being debated in Parliament has raffled feathers in the house with some Members of Parliament (MPs) including some in the ruling Party labelling it as unwise and condemned it as a draconian law.

The Leader of opposition, Duma Boko, who is a lawyer by training specifically alerted the house that if the bill is allowed to pass in its current form, then many employees in the civil service will be forced to work until retirement age because section 48 of the bill makes it a criminal offence for any government employee working in the essential service cadre to resign from work.

“An employee in the essential services category is entitled to resign any time and when they resign because they are unhappy as a group, large or small because they are unhappy with what the employer is doing and you say in terms of Section 48 that is a breach of the employment contract, that exposes them to criminal liability, that is in fact palpably wrong,” he said.

Boko said, declaration of any activity as an essential service has the drastic implication of taking away completely the one and only weapon available to an employee in a fair and democratic bargaining process, which is the ability to withdraw or withhold, either temporarily or permanently their service, in order to exact concessions from the other party, being the employer.

“Section 47 takes away completely in respect of the so-called essential service the right to strike. My submission is that, that approach is wrong,” he said.

“When the normal forms of engagement have failed, sometimes nations go to war because war is the last resort. The strike is not the first port of call, it is always the last resort. It is a weapon that is implored or invoked when one of the parties especially the employer is intransigent, and does not want to engage and engage openly and meaningfully.”

Boko also contend that as far as Public Service Act is concerned, government would then be compelled to attach monetary factors to those who will be put under the essential service category. He said this is because public service employees under the essential services would be exposed to a different set of governing regulations than the other.

The bill which was tabled by the Minister of Labour and Home Affairs, Edwin seeks amongst others, to make a number of civil professions essential services including teachers. But Boko maintains that the bill is wrong on the law because it does not only contradicts the country’s constitution, but “it is not going to be implementable! You would have serious difficulties implementing that provision. It would be unconstitutional because it would amount to forcing a person who would otherwise serve his resignation letter to continue to work for fear that they will be criminally liable.”

Botswana Democratic Party (BDP) back benchers, Polson Majaga and Billy Buti have joined opposition Members of Parliament in rejecting the bill because they are not “comfortable with it.”

Debating the bill this week, Nata-Gweta MP, Majaga said while the bill could have had good intentions, he is uncomfortable supporting it.

“I feel uncomfortable to support this Bill because of the reasons I have. That is my nature. If I do not agree with something, I feel compelled to just say outright my reasons to be heard,” he said.

Majaga has stated that he does not support teaching being part of the essential service. His reason was that the way the Minister of Labour and Home Affairs, Edwin Batshu had crafted the bill, will ultimately result in every civil servant being essential service.

“I am very much aware of the importance of teachers and their contribution to this country after 50 years of independence. They produced engineers and pilots who are contributing to this country as we can see but I would like us to be visionary,” he said.

“This country has democratic procedures that allow Batswana to go on strike. I really agree with that notion because it is a way of showing their disgruntlement with the government of the day.”

Majaga said minister Batshu risks creating a bad legacy for himself with a bad bill, which does not address the real problems faced by the country with regards to labour issues. Majaga said issues like shortage of Industrial courts should be of major concern if indeed government wants to address labour concerns.

“Botswana is one country that has many cases of employer-employee before courts of law, but we have a small population. One would wonder what causes this, and it is this very situation that I am talking about and what we can do to avoid this problem,” he said.

“That is why I am saying we should amend these laws with sober minds to avoid a situation where people in future will question the Minister who was responsible for the amendments. You are a good friend and my neighbour; I do not want that to happen to you because I know your capabilities.”

Debating the bill, MP for Francistown East, Buti Billy said it was unnecessarily for government to include teachers, immigration, Botswana Unified Revenue Service and diamond sorting as part of essential services.

“We have been complaining about the issue of go-slow. It is now going to be even worse because employees will not be happy and we will not get the service delivery that we desire,” he contended.

“They [BDP MPs] do not agree with me, but this is my stand and my constituency stand. So if someone does not agree with me, they have the right to view their opinions, they have the right to present the way they want.”

Continue Reading

News

Free at last: Ian Kirby Speaks Out

6th December 2021
Justice Ian Kirby

The outgoing President of the Court of Appeal, Justice Ian Kirby, shares his thoughts with us as he leaves the Bench at the end of this year.

WeekendPost: Why did you move between the Attorney General and the Bench?

Ian Kirby: I was a member of the Attorney General’s Chambers three times- first in 1969 as Assistant State Counsel, then in 1990 as Deputy Attorney General (Civil), and finally in 2004 as Attorney General. I was invited in 2000 by the late Chief Justice Julian Nganunu to join the Bench. I was persuaded by former President Festus Mogae to be his Attorney General in 2004 as, he said, it was my duty to do so to serve the nation. I returned to the Judiciary as soon as I could – in May 2006, when there was a vacancy on the High Court Bench.

This content is locked

Login To Unlock The Content!

Continue Reading

News

Civil society could rescue Botswana’s flawed democracy’ 

6th December 2021
Parliament

Botswana’s civil society is one of the non-state actors that could save the country’s democracy from sliding into regression, a Germany based think tank has revealed.  This is according to a discussion paper by researchers at the German Development Institute who analysed the effects of e-government usage on political attitudes In Botswana.

In the paper titled “E-government and democracy in Botswana: Observational and experimental evidence on the effects of e-government usage on political attitudes,” the researchers offer a strongly worded commentary on Botswana’s ‘flawed democracy.’  The authors noted that with Botswana’s Parliament structurally – and in practice – feeble, the potential for checks and balances on executive power rests with the judiciary.

This content is locked

Login To Unlock The Content!

Continue Reading

News

Bangwato at loggerheads over Moshupa trip

6th December 2021

Bangwato in Serowe — where Bamagwato Paramount Chief and former President Lt. Gen Ian Khama originates – disagree on whether they must send a delegation to dialogue with President Mokgweetsi Masisi’s family in Moshupa. Just last week, a meeting was called by the Regent of Bamagwato, Kgosi Sediegeng Kgamane, at Serowe Kgotla to, among others, update the tribe on the whereabouts of their Kgosi (Khama). 

Further, his state of health was also discussed, with Kgamane telling the attendees that all is well with Khama. The main reason for the meeting was to deliberate on the escalating tension between Khama and Masisi — a three-year bloodletting going unabated.

This content is locked

Login To Unlock The Content!

Continue Reading
Do NOT follow this link or you will be banned from the site!