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Motsamai waters down BOFEPUSU’s urgency Appeal

The President of the Botswana Public Employees Union (BOPEU), Andrew Motsamai has disposed a loaded affidavit in which he dismisses the legality of the National Amalgamated Local Central Government and Parastatal Workers Union aka Manual Workers Union; he also quashes Botswana Federation of Public Sector Unions (BOFEPUSU)’s call for an expedited appeal to the ruling of the Industrial Court which set aside public servants salary negotiations.

Before pouring cold water over BOFEPUSU’s request that the appeal be heard on urgency basis, Motsamai directed his thoughts at Manual Workers Union cited as 4th responded in the court papers: “I dispute that the 4th applicant is a trade union duly registered and recognised in terms of the Trade Unions and Employers Organisations’ Act and the Trade Disputes Act, as alleged or at all. I therefore strictly put the 4th applicant to the proof that it is a registered and recognised trade union and I hereby call upon the 4th applicant, in reply, to produce before Court the necessary documentation in proof of its registration and recognition in terms of the Trade Unions and Employers Organisation Act and the Trade Disputes Act, as alleged in the founding affidavit.”

Motsamai further writes, “I must point out that at the time that the application was launched before the Industrial Court, it was assumed by all parties involved , including the 1st respondent, that the 4th applicant was duly registered and recognised trade union. In fact all past dealings involving the collective bargaining process within the public service, it has always been taken that the 4th applicant was a registered and recognised trade union.”

According to the BOPEU President, it has only recently come to the attention of the 1st respondent that the 4th applicant has not been registered nor is it recognised by the employer. Motsamai says his union therefore avers that the 4th respondent lacks necessary locus standi in judicio to have participated in this matter and that it cannot therefore continue to participate in the matter.

In his replying affidavit Motsamai points out that there is no provision for the hearing of Appeals on urgency before the Court of Appeal. He also notes that the record of proceedings for the purposes of Appeal have not been settled yet. He says the applicants should have availed the copy of the Industrial Court Judgement to their records because it is their obligation to place all relevant materials before court for the court to arrive at a judicious conclusion.

Responding to why the matter was urgent before the Industrial Court, Motsamai posits that, “the matter before the Industrial Court was urgent because of the fact that it affects the negotiation of the terms and conditions of service of multitudes of civil servants, a process which the Public Service Bargaining Council (PSBC) has by its resolution No. 2 of 2016, resolved that it should continue within 5 days from the 18 February 2016.

The 1st respondent had then argued that it had a right to participate in that negotiation process and that pending the decision of the court on the matter, the negotiation process be suspended. The Industrial Court had then suspended the negotiation process and the dates that the PSBC had set for the negotiation have since passed. The applicants do not state in their founding affidavit that the negotiations have a new date,” writes Motsamai.

Motsamai further argues that the Industrial Court has provided for a substantial recourse in this matter by directing that the parties attend a mediation process within 30 days.

“The applicants do not allege in their founding affidavit that the mediation, if attended, will not resolve the matter let alone that the mediation would not be concluded within a sufficient period to enable the salary negotiation process to be held and closed.”

According to the BOPEU president, BOFEPUSU has failed to demonstrate that if the public service salary increments are made after the 01st April, such will in any way cause irreparable harm to the public servants. “I aver that salary back-pays can always be made, as has been the case in other similar instances in the past. I aver that the fact that public servants are affected by the pending negotiation process does not on its own automatically render appeal urgent. The applicants still have to demonstrate exceptional circumstances and irreparable harm,” Motsamai contends.

ON SALARY NEGOTIATIONS

BOPEU president further states that the interdict is a necessary evil, to ensure that there is inclusiveness in terms of representation of public servants at the Bargaining Council. The sanctity and legality of the Bargaining Council participation ought to be secured first before any earnest bargaining process can ensue. He is convinced that mediation as directed by the Industrial Court could help secure substantial relief to the “crisis” which “they allege presently exists within the public service”.

Motsamai says the salary negotiations as the position stands now have been interdicted by the Court and “I contend that upon resuming and a figure arrived at, the implementation if made after 1st April 2016, shall be retrospectively effected.”

Further Motsamai blames BOFEPUSU for the delay in salary negotiations. He says they failed to submit their proposal on salary negotiations in time, such that a bargaining process which ought to have commenced in or around September/October 2015 was only started in 2016. He says the employer party to the PSBC has not even delivered its counter proposal to the proposal made by the trade unions. He argues that the founding affidavit provided by BOFEPUSU does not say whether Employer party will provide the counter proposal on time and the bargaining process concluded before 01 April 2016 if the appeal is expedited. Motsamai says this makes the argument of concluding the case before 01 April immaterial. He concludes that the applicants in BOFEPUSU have failed to demonstrate exceptional circumstances that should compel the Appeal Court to allow them to jump the queue.

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Woman swindled out of P62 000 by fake CID officers

17th June 2021
Motube

Botswana Police Service (BPS) has indicated concern about the ongoing trend where the general public falls victim to criminals purporting to be police officers.

According to BPS Assistant Commissioner, Dipheko Motube, the criminals target individuals at shopping malls and Automated Teller Machines (ATMs) where upon approaching the unsuspecting individual the criminals would pretend to have picked a substantial amount of money and they would make a proposal to the victims that the money is counted and shared in an isolated place.

“On the way, as they stop at the isolated place, they would start to count and sharing of the money, a criminal syndicate claiming to be Criminal Investigation Department (CID) officer investigating a case of stolen money will approach them,” said Motube in a statement.

The Commissioner indicated that the fake police officers would instruct the victims to hand over all the cash they have in their possession, including bank cards and Personal Identification Number (PIN), the perpetrators would then proceed to withdraw money from the victim’s bank account.

Motube also revealed that they are also investigating a case in which a 69 year old Motswana woman from Molepolole- who is a victim of the scam- lost over P62 000 last week Friday to the said perpetrators.

“The Criminal syndicate introduced themselves as CID officers investigating a case of robbery where a man accompanying the woman was the suspect.’’

They subsequently went to the woman’s place and took cash amounting to over P12 000 and further swindled amount of P50 000 from the woman’s bank account under the pretext of the further investigations.

In addition, Motube said they are currently investigating the matter and therefore warned the public to be vigilant of such characters and further reminds the public that no police officer would ask for bank cards and PINs during the investigations.

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BCP walks out of UDC meeting

15th June 2021
Boko and Saleshando

Botswana Congress Party (BCP) leadership walked out of Umbrella for Democratic Change (UDC) National Executive Committee (NEC) meeting this week on account of being targeted by other cooperating partners.

UDC meet for the first time since 2020 after previous futile attempts, but the meeting turned into a circus after other members of the executive pushed for BCP to explain its role in media statements that disparate either UDC and/or contracting parties.

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Katlholo wins against DPP

15th June 2021
DCEC DIRECTOR: Tymon Katlholo

The Director General of the Directorate on Corruption and Economic Crimes (DCEC), Tymon Katlholo’s spirited fight against the contentious transfers of his management team has forced the Office of the President to rescind the controversial decision. However, some insiders suggest that the reversal of the transfers may have left some interested parties with bruised egos and nursing red wounds.

The transfers were seen by observers as a badly calculated move to emasculate the DCEC which is seen as defiant against certain objectionable objectives by certain law enforcement agencies – who are proven decisionists with very little regard for the law and principle.

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