The courts continues to paint the state President, Lt Gen Ian Khama Seretse Khama as a leader who habitually abuses his presidential powers by way of making decision that violates the laid down rules.
Just a week after the court of appeal declared that the President has no power to stop foreign prisoners from accessing free anti retroviral drugs, the High court this week announced that the President had no right to increase public service salaries without the consent of the bargaining council back in 2014.
Justice Michael Leburu of the Lobatse High Court said that when Khama announced that the civil service would get a salary increment during a kgotla meeting in 2014, he was acting against the law.
“In conclusion, it is declared as follows. The conduct of the respondents, in unitarily awarding a 4% salary and allowances increase, outside the Public Service bargaining council to union members, whilst negotiations were ongoing constituted a breach of the duty to negotiate in good faith as defined in the Procedure for meetings and negotiations, of the Public Services Bargaining Council,” Leburu made the ruling.
This is despite the fact that the Public Service Act grants the President general directions to any subject under this act.
Section 12 of the Act reads that, “the exercise of any powers or the performance of any duties under this Act shall be subject to such general directions of the President as the President may consider.”
Nonetheless, Leburu indicated that this point was not pleaded or that it was not argued that the President invoked his power under this section when he unilaterally announced the salary increment.
In March, 2014, President Khama announced at a kgotla meeting that there would be a 4% salary increase for public servants with effect from April 2014. He however indicated that despite the increase, the salary negotiations would continue at the bargaining council.
At the time of the announcement, salary negotiations had begun at the bargaining council. Khama’s contention then was that it was not fair for non-unionised public service and members of the disciplined forces to await the conclusion of the salary negotiations.
The Public service unions under the Botswana Federation of Public Sector Unions (BOFEPUSU) accused him and his government especially the Directorate of Public Service Management (DPSM) of betrayal and failing to negotiate in good faith. DPSM became the co-accused because it then issued a directive announcing the increment in respect of certain public officers.
Also increased were a number of allowances. The following Month, April, DPSM issued a directive which amended the terms of conditions of employment such as the salary advance scheme, Self Help Housing Agency (SHHA) Scheme and others while negotiations on those terms had not been concluded by the bargaining council.
“The starting point is that the parties agreed, amongst others and in no uncertain terms that bypassing the negotiation process and also engaging in unilateral action, such as the unilateral alteration of the terms and conditions before negotiations have been concluded, was a breach of a duty to bargain in good faith,” Leburu pointed out before concluding that the DPSM had also breached the duty to negotiate in good faith when it amended the said conditions of service outside the bargaining council.
The judge says, the duty to bargain in good faith exists in order to promote and facilitate a meaningful collective bargaining and it is central to sound industrial relations. Any conduct that unduly weakens the bargaining process amounts to breach of the duty.
“In my judgement, a unilateral salary increase to union members whilst negotiations are ongoing is a classic form of bypassing the negotiation process. It is a form of bypass in that the terms and conditions of service squarely fall within the remit and purview of the Bargaining Council, as established by the Public Service Act,” Leburu pointed out.
The Bargaining Council was introduced in 2010 by the Public Service Act. The main purpose of the Council is to negotiate terms and conditions of employment in the public service and Leburu says when the legislature enacted the law, it did so for the peace, order and good government of the country.
“The legislature in its usual wisdom, conferred power on the Public Service Bargaining Council for purposes of collective bargaining. The exercise of such a power by the council, promotes the objectives of the Act, namely, recognition of trade unions and collective bargaining. Where power is granted to a specific authority, that authority itself should as a matter of general proposition, exercise the power so granted,” Leburu further stated.
Furthermore, the constitution according to Leburu makes it abundantly crisp that despite the powers granted to the President, Parliament also has the power to confer functions on other persons or authorities other than the President. In the present case the powers were given to the Bargaining Council to negotiate and agree on the terms and conditions of service.
“To that extent, the 1st respondent (President) cannot through the exercise of his executive powers override the obligations that the government has undertaken in terms of the Public service Act. Put differently the 1st respondent cannot disregard, through the exercise of his executive powers, contractual obligations that the government has undertaken and firmly bound itself unto,” Leburu noted.
Another case which is testing the Presidential powers is yet to be heard before court in a matter in which the Law society of Botswana (LSB) wants the court to declare whether or not President Khama was acting lawfully when he refused to appoint a local attorney as the Judge of the High court, following recommendation by the Judicial Service Commission.
After falling to close the gap on Arsenal by losing to a record breaking goal by Kane at the Tottenham stadium.Manchester City now find themselves being charged by the Premier League with more than 100 breaches of its financial rules following a four-year investigation.
According to BBC , it has referred the club to an independent commission over alleged rule breaches between 2009 and 2018 , and also that Man-city has not been co-operating since the investigation which started in 2018 .
BBC further states that The commission can impose punishment including a fine , points deduction and expelling the club from the Premier league.
The alleged breaches include , breaching rules for requiring full details of manager remuneration,from 2009-2010, to 2012-2013 seasons when Roberto Mancini was in charge . Also player remuneration between 2010-2011 and 2015-2016.
The Premier league stated that City breached rules related to UEFA regulations , including Financial Fair Play , from 2013-2014 to 2017-2018 ,as well as Premier League rules on profitability and sustainability from 2014-2016 to 2017-2018
South Korean Ambassador in South Africa has donated e-learning equipment through Botswana Red Cross Society (BRCS) to Tlamelong Rehabilitation Centre in Tlokweng recently, in a bid to fine tune the student’s textile skills.
When talking at the handing over ceremony, Chull-Joo Park, said they agreed with BRCS to give out e-learning equipment to better the training skills of students living with disabilities.
“With the Information and Communication Technology (ICT) equipment and job training skills, we will be able to help the students living with disabilities to do e-learning and to better their education and job training,” said Chull-Joo Park.
It was revealed that the South Korean Embassy approached BRCS with the intent to donate equipment and educational material that includes an embroidery machine, photo copier machine, tablets and interactive boards to be utilized by the trainees.
The industrial printer is a machine that works with embroidery machine to print designs for clothing and it will enable the learners to have more material available to them to facilitate learning.
Through this embroidery machine, students will be exposed to better technologies which ultimately improve the quality of materials they produce. It will also allow students to learn business skills and run profitable ventures.
Smart board gadgets will provide the students with an elevated learning process to be fostered by e-learning. The gadgets provide a more visual element to the learning process, which in turn improves learner mental retention.
Tlamelong Rehabilitation serves the marginalized and underserved less privileged persons living with disability in Botswana. The center offers boarding services, vocational training, social services, physiotherapy and rehabilitation services for young people living disabilities aged 18-35 from across the country over a period of two (2) years per cohort which has a maximum intake capacity of 35. BRCS through International Federation of the Red Cross and Red Crescent Societies (IFRC) have managed to create great working synergy with the South Korean Embassy in Pretoria based in South Africa to support or augment the National Society’s Rehabilitation Centre’s learning challenges.
For his part, BRSC Secretary General Kutlwano Mokokomani said they are delighted to convey their gratitude as BRSC to the South Korean Embassy for donation and they look forward to an enduring partnership for such worthy causes.
“South Korean Embassy’s great gesture will enable trainees to thrive, to fulfil their dreams to become a reality as this equipments will go a long way in creating great impact in the lives of trainees and their families. We wish to convey our sincere gratitude to the South Korean Embassy for their noble gesture of donating the E-learning equipments.”
BRCS offers rehabilitation services spread across three (3) areas in Botswana being Sefhare Stimulation center in Sefhare, Tshimologo stimulation center in Francistown and Tlamelong rehabilitation center in Tlokweng.