Connect with us
Advertisement

BFTU, BOFEPUSU fight over national labour centre status

The composition of union delegates who represented Botswana at the International Labour Conference (ILC) held at Geneva, Switzerland last week has led to further rifts between the two rival unions.

In addition to Botswana Federation of Trade Unions (BFTU), Botswana Federation of Public Sector Unions (BOFEPUSU) was also recently recognised as a national labour centre.

The rivalry playing out between the two union federations has however taken its toll in their participation in the tripartite arrangement.

At the ILC, BFTU was engaged as a delegate while BOFEPUSU was involved by government as a companion of BFTU as well as an advisor to government.

As per the tripartite method, the delegation to the ILC should be comprised of two government delegates, one worker delegate and one employer.

In Botswana workers have all along been represented by BFTU as the National Labour Centre while employers by Business Botswana.

BFTU, which was previously the only recognised national labour centre sitting at the ILC categorically stated this week that they are not pleased with government’s decision of including BOFEPUSU in the Geneva expedition.

BFTU Secretary General Gadzani Mhotsha spelled out his concerns to a pack of journalists on Tuesday at Botswana Public Employees Union (BOPEU) offices.

“We later learnt that the office of the Permanent Secretary at Ministry of Labour and Home Affairs has asked BOFEPUSU to submit names of their delegation directly to their office,” Mhotsha laid down his displeasure with the government.

He continued: “we further learnt that government has decided to sponsor one advisor from BOFEPUSU to accompany BFTU. It should be noted that such an advisor was never communicated to BFTU either by government or BOFEPUSU.”

He alluded to the fact that during the whole conference they never got to know or interact with the said advisor or his/her companions.

As such, the BFTU SG noted that the conduct of Botswana government was also contrary to the International Labour Organisations (ILO) procedures and that while BFTU desired to object to the composition of the Botswana delegation, it could not do so before objections could be closed due to logistical issues.

“We want to put it on record that what the government did was to encourage division of workers and thus weaken their strength,” Mhotsha pointed out.

He explained that: “BFTU is not against BOFEPUSU attending the ILC, but government should not be deciding for us who should go to the ILC as a titular delegate and who should be an advisor. It is for this reason that we wrote directly to BOFEPUSU to submit their delegates to BFTU so that we rightly receive them as our advisors.”

According to Mhotsha, their bone of contention is borne from the fact that ILO recognises only one National Labour Centre – which is thus far BFTU, and by trying to bypass that, government is in violation of the principles of ILO.

“If we don’t settle this issue by June, we will take it up with ILO,” he declared.

BFTU president Bohitlhetswe Lentswe also reiterated that currently ILO recognises BFTU as the only party representing unions to go to ILO.

“Government should go back and audit and declare whether BFTU is still the most representative to be named a labour centre,” he highlighted.

While he acknowledged that BOFEPUSU was a mere advisor at the ILC, Lentswe cautioned that “we don’t appoint advisors for government and they should not choose for us.

We failed to go there as a team because of this fracas.”

He clarified that: “we are not saying BOFEPUSU should not go there, but if BFTU remains a labour centre it should appoint their advisors.”  He however conceded that in other countries there are more than one labour centres.

MLHA long recognised BOFEPUSU

BOFEPUSU Secretary General Tobokani Rari has however elucidated that his union was long recognised as another labour centre since August last year.

“I don’t know why the issue confuses a lot of people. As BOFEPUSU we are now a labour centre. Therefore that means there are two labour centres in Botswana, that is BOFEPUSU and BFTU,” he explained.

“With that in mind, we have a right that we can even fight for in court – to sit in the tripartite structure,” Rari told WeekendPost in a separate interview.

According to a letter dated 18 August 2015 from Permanent Secretary in the Ministry of Labour and Home Affairs Pearl Ramokoka nee-Matome, which this publication has seen, the government resolved to recognise BOFEPUSU.

The MLHA PS said she is aware that BFTU has been the only organisation (federation) recognised to be representing all workers in the country.

“It is common cause that with the conclusion of court cases involving the registration of BOFEPUSU as a Federation of trade unions, it should also be recognised as a role player in our labour relations system,” the PS stated in the correspondence to BOFEPUSU.

The PS also emphasised that it is a legal requirement in terms of part XVI of the Employment Act 47:01 that when the minister considers it necessary to fix or adjust minimum wages, he shall refer the issues to the Minimum Wages Advisory Board for investigation and advice (which BFTU/BOFEPUSU should sit in).

Similarly, she said, part XVII of the same Act requires the minister to, where it is reasonably practical to do so, consult the Labour Advisory Board (which is inclusive of either BFTU/BOFEPUSU) before he introduces any Bill relating to employment into the National Assembly or before making any subsidiary legislation relating to employment.

Other consultative structures of arrangements that require the participation of workers’ and employers’ representatives (any national labour centre) include consultation on reports to the ILO, participation in the Decent Work Country Programme Steering Committee, ILC, Sectorial High Level Consultative Meetings and other engagements which require the input of workers and employers.

On another letter dated 13 May 2016 the PS reiterated that “you will recall that this ministry wrote to BOFEPUSU and BFTU on 18th August 2015 about the representation of workers in the social dialogue structures.”

In the correspondence she said they requested the two federations to work out an arrangement that would facilitate the representation of workers in meetings and activities that require workers’ participation.

“In view of the fact that this matter is still pending, we have decided that this year we will allow a delegate from BFTU to represent workers to the ILC. But this delegate shall be accompanied by an advisor from BOFEPUSU, and the expenses for the participation of the workers’ delegate and advisor shall be paid by government.”

Meanwhile, in November last year, Rari wrote to BFTU requesting for a meeting to discuss issues of workers’ representation in Social Dialogue structures.

“This comes in wake of BOFEPUSU being recognized and accorded the status of a Labour Centre in the country hence enjoying the right of representing workers in social Dialogue structures,” Rari had highlighted to BFTU then.

He maintained: “if such a meeting proceeds without us being represented, our constituents are bound to suffer owing to non – representation.” However, BFTU responded on 18th November indicating that they cannot meet BOFEPUSU on account that they had written to MLHA seeking further clarification on the matter.

BOPEU is also caught up in a court feud with BOFEPUSU regarding who should sit in the Public Service Bargaining Council – following the disaffiliation of BOPEU from the PSBC. BOPEU is currently carrying out due diligence on BFTU to weigh out options of whether to reach a final decision to affiliate.

Continue Reading

News

Details emerge in suspected Batswana poachers in Namibia

28th June 2022
suspected Motswana poacher arrested

New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.

The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.

It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong.  According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.

Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.

“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.

According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”

He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.

“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.

Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.

“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.

Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.

“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.

Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”

He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.

He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”

Continue Reading

News

Gov’t, Unions clash over accommodation

28th June 2022
accomodation

The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.

This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.

A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”

“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.

“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.

According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.

The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.

The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation.
The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).

Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.

The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.

“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”

The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”

“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.

Continue Reading

News

BPF NEC probes Serowe squabbles

28th June 2022
BPF

Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.

In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.

Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.

BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.

As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.

“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.

Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.

“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.

This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.

“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.

Continue Reading
Weekend Post