Gloves off in the BEC amendment bill debate
The Secretary General of BOSETU, Tobokani Rari
The teaching Service unions, Botswana Sector of Educator’s Union (BOSETU) and the Botswana Teacher’s Union (BTU) are seeking audience with the Minister of Education and Skills Development, Unity Dow to discuss the validity and consequences of the Botswana Examination Council Amendment Bill which was published in August this year.
The Secretary General of BOSETU, Tobokani Rari has confirmed that they intend to submit a letter requesting a meeting with the Minister sometime next week.
The bill is expected to be discussed in the next session of Parliament that starts next Month hence the Unions want to engage the Minister soon before the Legislator in an effort to make the Minister see sense in their stand.
The motive of the Bill according to Rari, is to avoid remunerating teachers for supervising, assessment and marking external examinations and to force them into forced labour.
“The ulterior motive is to use teachers for free as cheap labour. The Ministry‘s ulterior motive is to overburden teachers with work that does not form part of their contract of employment. The Ministry is not saying the motive was to avoid labour unrest because the next question will be, who is the source of labour unrest especially during exam period!” BOSETU explains.
BOSETU believes that the jury would point to BEC as a source of labour unrest due to failure to pay or remunerate teachers for the work done by them.
“It is now settled labour law and practice that, an employee’s duty to render service is the corollary of the employer’s duty to remunerate, hence, the maxim “ no work, no pay”. The reverse applies; “No pay, no work” that is, employees who have not been paid may legitimately refuse to work without breaching their contracts,” BOSETU hinted some of the points that may be discussed with the Minister.
BOSETU is expected to bring to the attention of the Minister, who is a former Judge of the High Court, that some of the clauses she has introduced are offensive to the country’s constitution and that laws made for ulterior purpose would be declared unconstitutional by courts of law.
“In terms of Section 86 of the Constitution Parliament makes laws for the peace, good order and good government of Botswana not to avoid negotiated determination at a collective bargaining table. The Court of Appeal has held that laws made for any other or ulterior purpose would be unconstitutional. Therefore, BOSETU strongly believe that Section 5A(2) of the Bill is unconstitutional on the basis of the aforegoing grounds,” BOSETU revealed.
The amendment bill would make exam invigilation, marking and assessment of course work mandatory for teachers employed by the government. Previously this work has caused conflict between teachers and the government when they could not agree on compensation rates.
The teachers are concerned that some sections of the bill want to take away the mandate of the BEC and place it on the shoulders of teachers. Currently, the invigilation’s of external examinations and assessment of course work constitute core mandate of BEC and the court has previously made a ruling to that effect.
The teachers mandate is to teach learners and mark internal examinations. Anything that constitutes the mandate of BEC can be done by teachers through collective bargaining agreements as it has been the case. However it is believed the current bill was introduced as a way of setting aside such a court ruling and to avoid conflict and strikes going forward.
Nonetheless, BOSETU maintains that even if the bill is to be passed into law it can never force co-operation between teachers and the employer.
“It is BOSETU’s position that while the legislation may end a dispute it cannot force cooperation, it cannot force creative and innovative thinking to find long term solutions to problems and it cannot force the necessary dialogue to create productive, flexible and adaptable work places. In BOSETU’s experience improving terms and conditions of a collective agreement nature by legislative intervention has a chilling effect on the long term collective bargaining relationship between the Ministry and teacher Trade Union’s especially BOSETU.”
The bill is expected to be discussed in Parliament in the coming session of Parliament that begins next Month. However BOSETU’s biggest concern is that prior to the publication of the bill in the government gazette, there was virtually no consultation on the part of the Ministry to consult teacher unions to make input on behalf of their members as stakeholders on the Bill.
Failure to consult the teachers through Trade Unions is in BOSETU’s opinion, a fundamental omission which may result in the legislation being declared invalid by courts.
News
Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
News
Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
News
Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.