An internal communication of the Botswana Public Employees Union (BOPEU) detailing the reasons behind disaffiliating from the Botswana Federation of Public Sector Unions (BOFEPUSU) has been leaked, and it categorically states that “BOPEU and BOFEPUSU” can never work together because they believe in two different things.”
BOPEU is a founding member, alongside Manual Workers Union (NACLGPWU) or “MWU”, of Botswana Federation of Public Sector Unions (BOFEPUSU). However, in recent months and years the working relationship between BOPEU and BOFEPUSU has ‘irretrievably broken down’ , as illustrated in the following incidents and developments. In December 2015 BOPEU Congress resolved to disaffiliate from BOFEPUSU and to carry out due diligence on Botswana Federation of Trade Unions (BFTU), before a final decision to affiliate to BFTU could be made.
BOFEPUSU Congress of February 2015
The leaked BOPEU communication points to several issues that have arisen which caused a serious strain on relations between BOPEU and BOFEPUSU, “which relations are now irreconcilable”.
Congress Call – BOPEU says According to clause 126.96.36.199 of the BOFEPUSU constitution the 2015 Congress should have been held in August 2014, with the Congress call issued 90 days prior (i.e. in June 2014), accompanied by an Agenda. BOPEU contends that BOFEPUSU Executive delayed the holding of Congress without any valid reason (e.g. valid reason could be pending audit), until BOPEU threatened, in October 2014, to withhold subscriptions as leverage to compel BOFEPUSU to obey its own constitution. Had it not been for BOPEU’s intervention, in writing and threatening, that a Call to Congress was made by BOFEPUSU Secretary General in December 2014 for February 2015.
“This deliberate avoidance of Congress caused a lot of animosity, political skirmishes and strain on relations between BOPEU and BOFEPUSU. It also indicates the administrative and organisational state of BOFEPUSU,” reads the document.
BOPEU Motions – In the view of BOPEU, their written motions were not allowed (not permitted for discussion) because they were submitted late, even though the BOFEPUSU constitution allows even for motions from the floor of Congress (special resolutions). They state that most of the motions sought to improve governance and administration of BOFEPUSU and for a review of BOFEPUSU constitution.
“The rejection of the motions illustrated how BOFEPUSU regards BOPEU’s contributions – that BOPEU’s contributions should be excluded at all costs.”
Annual Audits – BOPEU says according to clauses 188.8.131.52 and 184.108.40.206 of the BOFEPUSU constitution the Secretary General is responsible for “preparation and circulation of financial annual report…and circulation of auditor’s report”. Clause 14.7 makes the carrying out of audits mandatory. BOFEPUSU Executive and secretariat failed to present to Congress Audited Financial Report (or at least Interim financials), in violation of its own constitution and of Section 42 of TUOEA. In addition to delegates’ calling for audited statements at Congress, BOPEU says it has written several letters to BOFEPUSU, in response to BOFEPUSU’s demands for funding, in which BOPEU sought explanation as to why BOFEPUSU cannot comply with the law and its own constitution with respect to auditing. No responses were received.
“It must be noted that Audited financials are required as a main component of Annual Returns to the Registrar of Trade Unions and are a valid ground for de-registration. The old Executive has admitted publicly that BOFEPUSU never carried out an Audit of its accounts since it was formed in 2008. As a result of BOFEPUSU’s continuous failure to account, BOPEU NoB, NEC and GC resolved to withhold monthly subscriptions to BOFEPUSU, to try to compel BOFEPUSU to account. BOPEU’s monthly subs amount to P28,000 pm or P336,000 per annum,” reads the BOPEU internal document.
“BOPEU delegates’ request for audited financials was regarded as a provocation or because “BOPEU is a sell-out”. There was and is still no remorse about failure to account and it seems the omission was deliberate,” concludes the report.
Minutes of 2012 Congress – The Secretary of the BOFEPUSU Executive also failed to submit minutes of 2012 Congress. Likewise, BOPEU delegates’ request for minutes was also regarded as a provocation or because BOEPU is a “sell-out”. Again, it seems the omission was deliberate and to date there is no official record of the 2012 Congress.
Eligibility of Union employees to hold positions on BOFEPUSU Executive: BOPEU delegates tried to raise the issue of whether union employees were eligible to stand for union political positions in the BOFEPUSU Executive, in light of Section 21 of the TUEOA. Again BOPEU’s raising of the issue was viewed as a provocation, especially of Manual Workers Union (MWU), which nominated four (4) of its employees into the Executive. Yet this issue has long term implications on the legality of BOFEPUSU itself, as currently more than half of the BOFEPUSU Executive are union employees. Section 21(1), (2) and (3) of TUEOA read thus;
“No person shall be admitted to membership of a trade union unless he is an employee in an industry with which the trade union is directly concerned. No employee of a trade union shall be admitted to membership of the trade union. Upon a member of a trade union becoming an employee of the trade union, he shall immediately cease to be a member of the trade union.
BOPEU argues that the majority of persons allowed to stand and who currently occupy positions in the BOFEPUSU Executive did not qualify to stand or to be elected. They poke at the eligibility of Mr Johnson Pikinini Motshwarakgole – Secretary for Labour Affairs – Employee of MWU; Mr Samuel Molaodi – Secretary for Education Affairs – Employee of MWU; Mr Simon Kgaoganang – Secretary for Gender and Women’s Affairs – Employee of MWU; Mr Johannes Tshukudu – President – Employee of BTU; and Mr Ketlhalefile Motshegwa – Deputy Secretary General – Employee of BLLAHWU.
BOPEU says since union employees are not employed in the industry with which the trade union is concerned (i.e. not workers) they are not eligible to be members and are precluded from paying membership/subscription fees. The above persons are not “members” or “officers” of the affiliate trade unions.
“Ironically, the same reasoning was used to remove the BLLAHWU President from office (i.e. not paying subscription). Effectively this renders BOFEPUSU an unlawful organisation, saved only by Government’s (Registrar’s) inaction, whether deliberate or due to ignorance.
When this matter was raised at the 2015 Congress some of the above persons demonstrated that they are aware of the provisions of the law and the constitution. The prolonged illegality is therefore deliberate and self-serving.”
“Rather than being embroiled into a political and legal battle it is easier (and wiser) for BOPEU to disaffiliate rather than go through the legal and political battle with BOFEPUSU Executive. It is not worth it,” reads the leaked document.
BOPEU candidates’ nominations and Elections: BOPEU says at nomination time, there was a pattern of predetermined outcomes to reject all BOPEU nominations. BOPEU’s exclusion was also demonstrated in songs composed about BOPEU by delegates from other unions and a general hostile environment.
“The atmosphere was a clear, practical demonstration that BOPEU was unwanted in the family. The celebrations thereafter on social media of how BOPEU has been white washed also added to the confirmation of the attitude.”
Internal relations in the old BOFEPUSU Executive: According to BOPEU, prior to Congress there was a deliberate undermining of the then BOFEPUSU President (BOPEU VP) as an extension of BOPEU’s marginalisation. Some members of the BOFEPUSU Executive held official CEC meetings without her knowledge and participation. One such meeting held at Airport junction mall resolved to make a press release about BOFEPUSU’s endorsement of UDC. When she made a Press Release to correct the position the Secretary General made a counter statement.
“These CEC intra-conflicts also contributed to the current situation. The ‘apology’ by BOFEPUSU Secretary General at the 2014 Annual Convention did not address the fundamental issues but just an appeal to let ‘bygones be bygones’. No attempt was made to reconcile differences. Instead in 2015 when similar differences have arisen, BOFEPUSU’s Secretary General expresses confidence that BOPEU Congress will agree with them. This kind of self-assurance takes BOPEU members for granted,” reads the internal communique.
Bargaining Council is another area of contention, which has brought irreconcilable difference, is the issue of membership of the Bargaining Council. BOPEU says when the term of office of the previous Council lapsed, BOPEU sought to have its members replaced.
“The view in BOPEU has been that this provided an opportunity to replace political officers with independent skilled negotiators who will have mandates but not vested interest, to reduce political controversy, which was bogging down progress in the Council. It also brought an opportunity to have Government team also replaced. However, BOFEPUSU negotiators wanted to maintain status quo. Their interpretation of the PSBC constitution coincided with that of the employer party,” BOPEU says.
UNIGEM and other investments – Another cause of differences concerned UNIGEM, says BOPEU. UNIGEM was making losses in a row, at a time when the contract was coming to an end.
“By its own projections UNIGEM was projected to make an accumulated loss of P7m in over 5 years. Yet BOFEPUSU stated that UNIGEM was a profit making entity and spread malicious rumours that BOPEU was going to be given the tender alone as a reward for supporting for BDP in the 2014 elections, through a deal with a certain Mr Chitube, who was being prepared to be the next BDP President. Recently (November 2015) BTU stated the same issue in its annual report, that UNIGEM losses have affected the balance sheet of their investment arm, More Power Investments (Pty) Ltd. BTU was not accused of any BDP links despite holding the same view about UNIGEM as a loss-making entity,” reads the BOPEU document.
“Why was BOPEU expected to carry on with a loss making entity? On the hand BOPEU has not disinvested from BOTUSAFE, which is another joint venture with some BOFEPUSU affiliates, because it is making profit.”
Political affiliation – BOPEU says another source of irreconcilable difference is how each organisation handles the issue of political alignment and /or UDC endorsement. BOPEU says its position is based on a Convention resolution that the union should not align or affiliate to any political party. Though this position is reviewable by Convention or Congress it is binding on BOPEU Executive (NoB and NEC). Any BOPEU official who expresses this position is therefore speaking on behalf of all members.
“On the contrary the group, which now controls BOFEPUSU Executive, prefer that such decisions be regarded as operational rather than policy decisions. They held this same view before the Congress which they continue to maintain: that the issue of political alignment can be changed at any time. Yet they do not have a mandate from members giving them latitude to decide on such a matter,” reads the BOPEU document.
According to the document Clause 3 of BOFEPUSU constitution states that “Congress shall be the sole decision making body of the federation….every matter for consideration by Congress shall be on motion duly seconded…”. It is this very democratic procedure that the dominant group in BOFEPUSU Executive thwarted at the 2015 Congress by blocking BOPEU motions.
“While BOPEU believes that the issue of political alignment is a major policy decision that cannot be made by a few individuals on behalf of members, BOFEPUSU Executive believes that not only do they have a right to make that decision, they could also change it as many times as they wish. The least that BOFEPUSU could do is to refer this contentious issue to the General Council (GC). Thus, the Central Executive has abrogated itself the powers of both the GC and Congress.”
BOPEU says this is one of the main causes of irreconcilable difference between BOPEU and BOFEPUSU. “At the core is the issue of governance, of a federation leadership which believes it should make decisions on behalf of members versus an affiliate which is democratically controlled by members. Not only is conflict inevitable but will be endless.”
Former Umbrella for Democratic Change (UDC) Member of Parliament for Gaborone North, Haskins Nkaigwa has confirmed his departure from opposition fold to re-join the ruling Botswana Democratic Party (BDP).
Nkaigwa said opposition is extremely divided and the leadership not in talking terms. “They are planning evil against each other. Nothing much will be achieved,” Nkaigwa told WeekendPost.
“I believe my time in the opposition has come to an end. It’s time to be of value to rebuilding our nation and economy of the country. Remember the BDP is where I started my political journey. It is home,” he said.
“Despite all challenges currently facing the world, President Masisi will be far with his promises to Batswana. A leader always have the interest of the people at heart despite how some decisions may look to be unpopular with the people.
“I have faith and full confidence in President Dr Masisi leadership. We shall overcome as party and nation the current challenges bedevilling nations. BDP will emerge stronger. President Masisi will always have my backing.”
Nkaigwa served as opposition legislator between 2014-2019 representing Botswana Movement for Democracy (BMD) under UDC banner. He joined BMD in 2011 at the height public servant strike whilst Gaborone City Deputy Mayor. He eventually rose to become the mayor same year, after BDP lost majority in the GCC.
Nkaigwa had been a member of Botswana National Front (BNF), having joined from Alliance for Progressives (AP) in 2019.
Botswana has received assistance worth over P100 million from Japanese government since 2019, making the latter of the largest donors to Botswana in recent years.
The assistance include relatively large-scale grant aid programmes such as the COVID-19 programme (to provide medical equipment; P34 million), the digital terrestrial television programme (to distribute receivers to the underprivileged, P17 million), the agriculture promotion programme (to provide agricultural machinery and equipment, P53million).
“As 2020 was a particularly difficult year, where COVID-19 hit Botswana’s economy and society hard, Japan felt the need to assist Botswana as our friend,” said Japan’s new Ambassador to Botswana, Hoshiyama Takashi.
“It is for this reason that grants of over P100 million were awarded to Botswana for the above mentioned projects.”
Japan is now the world’s fourth highest ranking donor country in terms of Official Development Assistance (ODA).
From 1991 to 2000, Japan continued as the top donor country in the world and contributed to Asia’s miracle economic development.
From 1993 onwards, the TICAD process commenced through Japan’s initiative as stated earlier. Japan’s main contribution has been in the form of Yen Loans, which are at a concessional rate, to suit large scale infrastructure construction.
“In Botswana, only a few projects have been implemented using the Yen Loan such as the Morupule “A” Power Station Rehabilitation and Pollution Abatement in 1986, the Railway Rolling Stock Increase Project in 1987, the Trans-Kalahari Road Construction Project in 1991, the North-South Carrier Water Project in 1995 and the Kazungula Bridge Construction Project in 2012,” said Ambassador Hoshiyama.
“In terms of grant aid and technical assistance, Japan has various aid schemes including development survey and master planning, expert dispatch to recipient countries, expert training in Japan, scholarships, small scale grass-roots program, culture-related assistance, aid through international organizations and so on.”
In 1993, Japan launched Tokyo International Conference on African Development (TICAD) to promote Africa’s development, peace and security, through the strengthening of relations in multilateral cooperation and partnership.
TICAD discuss development issues across Africa and, at the same time, present “aid menus” to African countries provided by Japan and the main aid-related international organizations, United Nations (UN), United Nations Development Programme (UNDP) and the World Bank.
“As TICAD provides vision and guidance, it is up to each African country to take ownership and to implement her own development following TICAD polices and make use of the programmes shown in the aid menus,” Ambassordor Hoshiyama noted.
“This would include using ODA loans for quality infrastructure, suited to the country’s own nation-building needs. It is my fervent hope that Botswana will take full advantage of the TICAD process.”
Since then, seven conferences where held, the latest, TICAD 7 being in 2019 at Yokohama. TICAD 7’s agenda on African development focused on three pillars, among them the first pillar being “Accelerating economic transformation and improving business environment through innovation and private sector engagement”.
“Yes, private investment is very important, while public investment through ODA (Official Development Assistance) still plays an indispensable role in development,” the Japanese Ambassador said.
“For further economic development in Africa, Japan recognizes that strengthening regional connectivity and integration through investment in quality infrastructure is key.”
Japan has emphasized the following; effective implementation of economic corridors such as the East Africa Northern Corridor, Nacala Corridor and West Africa Growth Ring; Quality infrastructure investment in line with the G20 Principles for Quality Infrastructure Investment should be promoted by co-financing or cooperation through the African Development Bank (AfDB) and Japan.
Japan also emphasized the establishment of mechanisms to encourage private investment and to improve the business environment.
According to the statistics issued by Japan’s Finance Ministry, Japan invested approximately 10 billion US dollars in Africa after TICAD 7 (2019) to year end 2020, but Japanese investment through third countries are not included in this figure.
“With the other points factored in, the figure isn’t established yet,” Ambassador Hoshiyama said.
The next conference, TICAD 8 will be held in Tunisia in 2022. This will be the second TICAD summit to be held on the African continent after TICAD 6 which was held in Nairobi, Kenya, in 2016.
According to Ambassador Hoshiyama, in preparation for TICAD 8, the TICAD ministerial meeting will be held in Tokyo this year. The agenda to be discussed during TICAD 8 has not yet been fully deliberated on amongst TICAD Co-organizers (Japan, UN, UNDP, the World Bank and AU).
“Though not officially concluded, given the world situation caused by COVID-19, I believe that TICAD 8 will highlight health and medical issues including the promotion of a Universal Health Coverage (UHC),” said Hoshiyama.
“As the African economy has seriously taken a knock by COVID-19, economic issues, including debt, could be an item for serious discussion.”
The promotion of business is expected to be one of the most important topics. Japan and its partners, together with the business sector, will work closely to help revitalize private investment in Africa.
“All in all, the follow-up of the various programs that were committed by the Co-Organizers during the Yokohama Plan of Actions 2019 will also be reviewed as an important item of the agenda,” Ambassador Hoshiyama said.
“I believe that this TICAD follow-up mechanism has secured transparency and accountability as well as effective implementation of agreed actions by all parties. The guiding principle of TICAD is African ownership and international partnership.”
Directorate on Intelligence Services (DIS) Director General, Brigadier Peter Magosi is said to be hell-bent and pushing President Mokgweetsi Masisi to reshuffle his cabinet as a matter of urgency since a number of his ministers are conflicted.
The request by Magosi comes at a time when time is ticking on his contract which is awaiting renewal from Masisi.
This publication learns that Magosi is unshaken by the development and continues to wield power despite uncertainty hovering around his contractual renewal.