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BOFEPUSU sorting its bargaining problem in court

Dispute of interest Botswana Public Employees Union’s (BOPEU) secession from the Botswana Federation of Public Sector Unions (BOFEPUSU) has rocked the start of Public Service Bargaining Council’s (PSBC) 2016/2017 wage talks.

BOFEPUSU, on Monday this week hauled the Directorate of Public Service Management (DPSM) before the Industrial court on an urgent application seeking relief, following the collapse of bargaining council’s 17 December 2015 talks and its subsequent indefinite adjournment.

BOFEPUSU states in court papers that after it submitted its proposal for wage increment, a meeting was called on the 17th of December where procedures applicable to the wage negotiations were to be discussed. At the meeting DPSM proxies contended whether the Public Service Bargaining Council was properly constituted in light of BOPEU’s withdrawal from the trade union federation.

The DPSM proxies further stated and put forward a precondition that they can only discuss procedures applicable to the 2016/2017 wage negotiations so long as the issues of whether or not the Council was properly constituted had been exhaustively discussed and a way forward on the issue agreed on. On the parallel vein BOFEPUSU could not concede ground outlining details that the BOPEU factor could not be advanced as a precondition for the start of wage talks because it was never in the meeting’s agenda.

BOFEPUSU chief executive and union old hand, Johnson Motshwarakgole argues in court papers that BOPEU’s decision to terminate its affiliation to BOFEPUSU did not take away BOFEPUSU’s right to bargain with DPSM because the ‘acting jointly arrangement’ which BOFEPUSU invoked to get admission into the bargaining council with BOPEU has not been terminated.

He continues that even if BOPEU had pulled out of the ‘acting jointly arrangement’, BOFEPUSU will still have a right to continue bargaining on behalf of their members because they still represent at least two-thirds of the total workforce well in excess of the constitutionally required one-third.

Motshwarakgole continues that “termination of membership to a Council follows a process and it is not automatic and must follow the process laid down in order for it to be effective. Until such time as that process has been followed the Council remains properly constituted.”

He further observed that the imposition of an unreasonable precondition constitutes a form of bad faith bargaining and reiterated that BOFEPUSU has a right to bargain in good faith with DPSM; a right enshrined in the Public Service Act No.30 of 2008, Trade Unions and Employers’ Organisation Act, the constitution of the Bargaining Council as well as the Procedures for Meetings and Negotiations of 2015.

Motshwarakgole further warned in court documents that, “the right to engage with DPSM in good faith wage talks will be rendered hollow if its conduct is to continue unabated and that DPSM’s unfair precondition effectively amounts to a refusal to negotiate as well as adding that the prejudice BOFEPUSU stands to endure as a result of DPSM’s unlawful conduct will be so immense that it cannot be quantified.”

In a strongly worded responding affidavit, the  DPSM Director, Ruth Maphorisa, argues that it only was reasonable that DPSM requested the inclusion of the agenda tagged ‘Parties to the Council’, relating to BOPEU’s withdrawal from the trade union federation because her department had received 2 letters from BOPEU indicating its disaffiliation from BOFEPUSU with immediate effect. Maphorisa also accused BOFEPUSU of, “ventilating the ‘Parties to the Council’ agenda through a court application whilst excluding BOPEU.” She continued that, “It is curious to note that the issue of ‘Parties to the Council’ revolves around the actions of BOPEU and yet it is not party to the proceedings either as an applicant or as a respondent.”

However DPSM’s counsel Tefo Bogosi reasoned that BOFEPUSU had waived its right to negotiate and it ceased to exist on the 31st of October 2015 as per the collectively taken PSBC (Bargaining Council) resolution number 3 of April 2015 by submitting wage proposal to the PSBC on the 23rd of November; nearly a month after the agreed period which states that wage negotiations should be executed year after year in the months of October and September so as to align them to the national budget process.

Bogosi also continued to argue that BOFEPUSU’s court argument is a dispute of interest and not a dispute of right-a prospect that could force it to take the path of industrial action to extract concession.

However presiding Justice Diratsagae Molomo advised Bogosi to deal with facts and not technicalities of law. Justice Molomo also advised the sparring PSBC partners in the day-long trial to be pragmatic and keep in thought the enormity of the case with possibly 90 000 thousand civil servants caught in the crosshairs.

Molomo remarked that, “We should avert cases like that happened in 2011 and we (the courts) should not be seen as a place where things like what happened are made easy to reoccur.” Diratsagae advised.

The parties opted for a settlement agreement that will see a verification exercise of the federation’s collective membership being carried out on the 11th January to establish whether BOFEPUSU meets the one-third threshold to negotiate on behalf of the union membership.

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Fighting vulture poisoning in KAZA region.

3rd February 2023
As a response to avert vulture poisoning currently going on in Botswana and KAZA region, Birdlife Botswana has collaborated with three other partners (BirdWatch Zambia, BirdLife International & Birdlife Zimbabwe) to tackle wildlife poisoning which by extension negatively affect vulture populations.

The Director of Birdlife Botswana, Motshereganyi Virat Kootshositse has revealed in an interview that the project which is funded by European Union’s main goal is to reduce poisoning related vultures’ death and consequently other wildlife species death within the KAZA region.

He highlighted that Chobe district in Botswana has been selected as a pilot site as it has experienced rampant incidents of vulture poisoning for the past few months. In August this year at least 50 endangered white backed vultures were reported dead at Chobe National Park, Botswana after feeding on a buffalo carcass laced with poison.  In November this year again 43 white backed vultures were found dead and two alive after feeding on a zebra suspected to have poisoned.  Other selected pilots’ sites are Kafue in Zambia and Hwange in Zimbabwe.

Kootshositse further explained they have established a national and regional Wildlife Poisoning Committee. He added that as for the national committee they have engaged various departments such as Crop Productions, Agro Chemicals, Department of Veterinary Services, Department of Wildlife and National Parks and other NGOs such as Raptors Botswana to come together and find a long-lasting solution to address wildlife poisoning in Botswana. ‘Let’s have a strategy or a plan together to tackle wildlife poisoning,’ he stated

He also decried that there is gap in the availability of data about vulture poisoning or wildlife in general. ‘If we have a central point for data, it will help in terms of reporting and advocacy’, he stated

He added that the regional committee comprises of law enforcement officers such as BDF and Botswana police, village leadership such as Village Development Committee and Kgosi. ‘We need to join hand together and protect the wildlife we have as this will increase our profile for conservation and this alone enhances our visitation and boost our local economy,’ he noted

Kootshositse noted that Birdlife together with DWNP also addressed series of meeting in some villages in the Chobe region recently. The purpose of kgotla meetings was to raise awareness on the conservation and protection of vultures in Chobe West communities.

‘After realizing that vulture poisoning in the Chobe areas become frequent, we realise that we need to do something about it.  ‘We did a public awareness by addressing several kgotla meetings in some villages in the Chobe west,’ he stated

He noted that next year they are going to have another round of consultations around the Chobe areas and the approach is to engage the community into planning process. ‘Residents should be part of the plan of actions and we are working with farmers committee in the areas to address vulture poisoning in the area, ‘he added

He added that they have found out that some common reasons for poisoning wildlife are farmers targeting predators such as lions in retaliation to killing of their livestock. Another common incident cross border poaching in the Chobe area as poachers will kills an elephant and poison its carcass targeting vultures because of their aerial circling alerting authorities about poaching activities.

Kootshositse noted that in the last cases it was disheartening the incidents occurred three months apart. He added that for the first time they found that some of the body parts of some vultures were missing. He added harvesting of body parts of vultures is not a common practice in Botswana, although it is used in some parts of Africa. ‘We suspect that someone took advantage of the availability of carcasses and started harvesting their body parts,’

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Giant in the making: Everton Mlalazi

3rd February 2023

The music industry is at a point where artists are jostling for space because there are so many aspirants trying to get their big break, thus creating stiff competition.

In the music business it’s about talent and positioning. You need to be at the right place at the right time with the right people around you to propel you forward.
Against all odds, Everton Mlalazi has managed to takeover the gospel scene effortlessly.
To him, it’s more than just a breakthrough to stardom, but a passion as well as mission directly appointed by the Lord.

Within a short space of 2 years after having decided to persue a solo career, Mlalazi has already made it into international music scene, with his music receiving considerable play on several gospel television and radio stations in Botswana including other regional stations like Trace Africa, One Gospel, Metro FM in South Africa, Hope FM in Kenya and literally all broadcast stations in Zimbabwe.

It doesn’t only stop there, as the musician has already been nominated 2 times and 2 awards which are Bulawayo Arts Awards (BAA) best Male artists 2022, StarFM listerners Choice Award, Best Newcomer 2021 and ZIMA Best Contemporary Gospel 2022, MLA awards Best Male artist & Best Gospel Artist 2022.

Everton’s inspiration stems from his ultimate passion and desire to lead people into Godly ways and it seems it’s only getting started.
The man is a gospel artist to put on your radar.

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African countries call on WHO to increase funding

2nd February 2023

Minister of Health Dr Edwin Dikoloti says Africa member states call on World Health Organization (WHO) to ensure equitable resource allocation for 2024-2025. Dr Dikoloti was speaking this week at the WHO Executive Board Meeting in Geneva, Switzerland.

He said countries agreed that there is need to address the budget and funding imbalances by increasing the programme budget share of countries and regions to 75% for the next year.

“The proposed budget for 2024-2025 marks an important milestone as it is the first in Programme Budget in which country offices will be allocated more than half of the total budget for the biennium. We highly welcome this approach which will enable the organization to deliver on its mandate while fulfilling the expectations for transparency, efficiency and accountability.”

The Botswana Health Minister commended member states on the extension of the General Programme of Work (GPD 13) and the Secretariat work to monitor the progress towards the triple billion targets, and the health-related SDGs.

“We welcome the Director’s general proposed five priorities which have crystalized into the “five Ps” that are aligned with the GPW 13 extension. Impact can only be achieved through close coordination with, and support to national health authorities. As such, the strengthening of country offices is instrumental, with particular focus on strengthening national health systems and on promoting more equitable access to health services.”

According to Dr Dikoloti, the majority of countries with UHC index that is below the global median are in the WHO Africa region. “For that, we call on the WHO to enhance capacity at the regional and national levels in order to accelerate progress. Currently, the regional office needs both technical and financial support in order to effectively address and support country needs.”

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