Teachers suspend overtime activities again
News
Teachers have suspended their participation in overtime activities at schools pending ongoing nationwide consultations with their unions regarding overtime allowance.
The consultations are scheduled towards the end of January and will focus on reviewing participation by teachers on working overtime – both after hours and during rest days and corresponding remuneration with particular reference to participating in sporting activities.
It is not the first time teachers reach a dispute with the employer concerning payments and hours of work to their otherwise peculiar profession.
The recent dispute came into play following the employer, the Directorate of Public Service Management (DPSM)’s alleged breach of the agreement that was harmonised in 2012 by altering the overtime conditions as provided for in the Public Service Act and the Employment Act.
DPSM and the Ministry of Education and Skills Development (MoESD) have subsequent to the agreement authored various savingrams that are seen by teachers as not only offensive to the provisions of the labour statutes regulating overtime but also meant to deliberately exploit teachers.
“The DPSM specifically authored a circular savingram referenced DP19/72VI (68) which was followed by a subsequent one from Permanent Secretary, MoE&SD referenced E3/2/21(116) which all purported that employees are required by law (could be forced) to work overtime and should be paid by days off, which in our view was a deliberate distortion of the statutes regulating overtime,” BOSETU Secretary General Tobokani Rari told WeekendPost.
He said the Ministry of Education through Regional Directors has also on several occasions issued various instructions both verbal and written varying and altering the overtime conditions as provided for in the labour statutes, and during the process subjecting teachers to debilitating working conditions.
Of particular reference, according to Rari, is the instruction issued at various Regional Offices requiring teachers to work overtime and be compensated by taking 50% of the days worked as day offs, and another 50% to be compensated in monetary form. This is despite the fact that in line with MoESD, days off can only be taken during school holidays.
“This took away the right of employees as provided for in the statutes to decide on how they should be compensated in case they have to work overtime,” Rari contended.
Rari asserted that they have many incidences where the Ministry of Education has flatly refused to pay teachers after having been lawfully authorised and procedurally rendered service after normal hours and on rest days. “We are alive to the fact that some authorised overtime has been returned to schools unpaid across regions.”
He also noted that: “the cited transgressions of the then understanding of the labour statutes warrant a review of our participation as teachers on working overtime both after hours and during rest days.”
Prior to the implementation of the Public Service Act No. 30 of 2008, teachers then regulated by the repealed Teaching Service Act (TSA) worked very long hours without regard to international standards on hours of work.
With the implementation of the Public Service Act No. 30 of 2008, the hours of work for the whole of the Public Service were standardized in compliance with the international standards, that is, maximum of 8 working hours per day.
During the transitional negotiations for a smooth change over to the new dispensation in 2010, trade unions raised the issue of the peculiarity of the teaching profession on hours of work and suggested a 10 hour working week which would translate to a 26 day month for teachers.
Rari explained that the employer (DPSM) then requested for more time to study the proposal and also come up with their own. While other issues were resolved, this issue, leave versus vacation, non-teaching duties, just to mention a few remained outstanding, he added.
At subsequent meetings, the Secretary General explained – the employer remained reluctant to adopt the 10 hour working week / 26 day month as suggested by unions but could not provide a solution to the impasse. In fact he said as from the engagement of the sectoral bargaining unit this issue has been with cabinet as from 2010.
“At the beginning of 2011 teacher unions conducted nation- wide consultation with teachers on this matter and teachers resolved that they would stick to the 8 hour working duration per day from 0730hrs – 1630hrs and would not work beyond these times including on rest days.”
He noted that this brought sporting and some other academic activities done after hours and during weekends (rest days) to a halt. “We saw 2011 and part of 2012 going without sporting activities. These also included perniciously the subject enrichment activities e.g.: subject fairs, remedial teachings etc.”
It is understood that in 2012 the Ministry of Education through Permanent Secretary Mrs. Grace Muzila opened dialogue once more with teacher unions regarding the impasse (non – participation of teachers in sporting and non-teaching activities).
It was agreed at these consultations that a joint (unions and MoESD) consultation process with teachers be conducted regarding the application of overtime to teachers as per provisions of the labour statutes (Employment Act).
Following the consultation process it was agreed between teacher unions and MoESD that teachers could work overtime including during rest days and the overtime would be regulated by the provisions of the Public Service Act & the Employment Act.
Back then teachers resumed providing service after normal hours and during rest days as per authorization by supervisors hence the commencement of sporting and educational enrichment activities.
However WeekendPost understands that the impasse to halt overtime activities in schools has again come back to haunt the ministry (MoESD) while students are likely to suffer most as they are always the victims due to these disagreements between teachers/unions and the ministry.
featured
The curtain came down at the PAP session with pomp and FUNFAIR
It was pomp and funfair at the Pan-African Parliament (PAP) on March 18 as the African Cultural Music and Dance Association (ACUMDA) brought the curtains down on the PAP session with a musical performance.
The occasion was the celebration of the Pan-African Parliament Day (PAP Day) which commemorated the inauguration of the first Parliament of the PAP on 18 March 2004 at the African Union Headquarters in Addis Ababa, Ethiopia.
The celebrations took place at the seat of the Parliament in Midrand to “reflect on the journey” as the institution turns 19. The event sought to retrace the origin and context of the establishment of the PAP.
The celebrations included musical performances by ACUMDA and a presentation by Prof. Motshekga Mathole of the Kara Heritage Institute on “Whither Pan-Africanism, African Culture, and Heritage.”
The PAP Day was officially launched in 2021 to educate citizens about the Continental Parliament and ignite conversations about its future in line with its mandate.
The establishment of the PAP among the AU organs signalled a historical milestone and the most important development in the strengthening of the AU institutional architecture. It laid solid groundwork for democratic governance and oversight within the African Union system and provided a formal “platform for the peoples of Africa to get involved in discussions and decision-making on issues affecting the continent.”
The genesis of the PAP can be legally traced back to 1991 with the adoption of the Treaty Establishing the African Economic Community, adopted on June 3, 1991, in Abuja (also known as the Abuja Treaty). This treaty defined the pillars and grounds for realizing economic development and integration in Africa and called for the creation of a continental parliament, among a set of other organs, as tools for the realization of African integration and economic development. This call was reemphasized in the Sirte Declaration of 1999, which called for the accelerated implementation of the provisions of the Abuja Treaty.
PAP celebrated its ten years of existence in March 2014, a year which coincided with the adoption, on June 27, 2014, in Malabo, Equatorial Guinea, of the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (PAP Malabo Protocol), which, once in force, will transform the PAP into a legislative body of the AU. It requires a minimum of 28 countries to ratify it before it comes into force.
Therefore, the commemoration of PAP Day serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 19 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The celebrations of PAP Day coincided with the closing ceremony of the sitting of the PAP Permanent Committees and other organs. The Sitting took place in Midrand, South Africa under the AU theme for 2023, “Accelerating the implementation of African Continental Free Trade Area (AfCFTA)” from 6 to 17 March 2023.
PAP President, H.E. Chief Fortune Charumbira, expressed appreciation to members for their commitment during the two-week engagement.
“We have come to the end of our program, and it is appropriate that we end on a high note with the PAP Day celebrations.
“We will, upon your return to your respective countries, ensure that the work achieved over the past two weeks is transmitted to the national level for the benefit of our citizens,” concluded H.E. Chief Charumbira.
featured
PAP needs to priorities land issues-Prof Mathole
Prof Motshekga Mathole of the Kara Heritage Institute has advised the Pan-African Parliament (PAP) to prioritise the land issue in the continent if they are to remain relevant.
He said this while addressing the Plenary during the commemoration of PAP Day held at the PAP Chambers in Midrand, South Africa
The PAP Day was officially launched in 2021 to commemorate the inauguration of the first Parliament on 18 March 2004 in Addis Ababa, Ethiopia. Intended as a platform for people of all African states to be involved in discussions and decision-making on problems and challenges facing the continent.
In a speech titled “Whither Pan-Africanism, African Culture, and Heritage,” Prof Mathole stated that for PAP to remain relevant, it must address the continent’s key land dilemma, which he feels is the core cause of all problems plaguing the continent
“If this Parliament is to be taken seriously, ownership of land and natural resources must be prioritized at the national and continental levels. Africans are not poor; they are impoverished by imperialist nations that continue to hold African land and natural resources,” said Prof Mathole.
“When African leaders took power from colonialists, they had to cope with poverty, unemployment, and other issues, but they ignored land issues. That is why Africa as a whole is poor today. Because our land and minerals are still in the hands of colonizers, Africa must rely on Ukraine for food and Europe for medical.”
Prof Mathole believes that the organization of the masses is critical as cultural revolution is the only solution to Africa’s most problems.
“We need a cultural revolution for Africa, and that revolution can only occur if the masses and people are organized. First, we need a council of African monarchs since they are the keepers of African arts, culture, and heritage. We need an African traditional health practitioners council because there is no ailment on the planet that cannot be healed by Africans; the only problem is that Africans do not harvest and process their own herbs,” he said.
Meanwhile, PAP President, H.E. Hon Chief Fortune Charumbira expressed satisfaction with the commitment displayed throughout the two-week period and said the PAP Day celebrations were befitting curtains down to the august event.
“On this high note of our two-week engagement, it is appropriate that we close our program on a high note with PAP celebrations, and I would like to thank everyone for your commitment, and please continue to be committed,” said H.E Hon Chief Charumbira.
PAP’s purpose as set out in Article 17 of the African Union Constitutive Act, is “to ensure the full participation of African people in the development and economic integration of the continent”. As it stands, the mandate of the Parliament extends to consultation and playing an advisory and oversight role for all AU organs pending the ratification protocol.
Also known as the Malabo Protocol, the Protocol to the consultative act of the AU relating to the PAP was adopted at the Assembly of Heads of State and Government summit in June 2014 and is intended to extend the powers of the PAP into a fully-fledged legislative organ. It requires a minimum of 28 countries to ratify it before it comes into force.
The commemoration of the PAP Day, therefore, serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 17 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The PAP Day commemoration also aims to educate citizens about the PAP and ignite conversations about the future of the continental Parliament in line with its mandate.
News
DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”
Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”