Unresolved issues at the Ministry of Education and Skills Development (MoESD) are likely to disrupt the teaching practice in the coming year unless the government comes up with a very good strategy before the beginning of the year.
Firstly, the Ministry has to find a way of absorbing all the displaced teachers who it has been paying for the past twelve months for sitting idle at home without any work.
At the beginning of this year, the Ministry decided to pilot the schools of excellence policy on Music subject at senior schools and has failed to provide the teachers with students.
According to one of the music teachers, the Ministry is failing to provide the students because the music syllabus chosen is too complex and students fail the subject every year.
“Students are not choosing the subject because they do not want to spoil their overall results. The syllabus is very difficult than the one used at the local Colleges of Education, hence the Ministry had to send teachers for further training outside the country,” the teacher explained.
Sometimes in 2011, the Ministry decided that the subjects of Music, Physical Education and Design and Technology will only be taught in what they referred to as schools of excellence. The implication of the decision was that the teaching of the three subjects will be reduced to take place in selected schools each, across the country.
The decision was allegedly taken without due consultation especially with the teacher’s unions as custodians of teacher welfare. As a consequence some of the teachers spent the whole year without teaching owing to the fact that the schools have been reduced hence reducing the vacancies within the subject.
“These subjects have been operating on pilot for the past twelve years without any paths of progression and our view is that these teachers have been subjected to very unfair and discriminatory labour practice,” explained the Secretary General of Botswana Sector of Educators Trade Union (BOSETU), Tobokani Rari.
Rari alleges that consideration was not given to what would happen to teachers offering those subjects when the number of schools offering them was being shrinked to only five. He further stated that the consequence of this not so well unthought-of decision has now come to haunt not only the Ministry of Education, but the teachers as well.
Another problem that the Ministry has to deal with urgently is the payment of overtime allowances for teachers or it would be slapped with lawsuits and the teachers would refuse to do extra works.
BOSETU insists that it would no longer tolerate a situation whereby teachers conduct remedial lessons, enrichment activities and supervise course work after hours and sporting activities during weekends unless the Ministry compensate them accordingly.
BOSETU secretary general, Tobokani Rari says his union is of the view that the government is all out to exploit teachers by making them work extremely long hours and not compensate them.
“Teachers who have worked both after hours and during the rest days have not been compensated. In our view such exploitation and disregard of the statutes can no longer be tolerated,” Rari pointed out.
The conflict on this issue dates back to year 2010 when the Public Service replaced the teaching service Act and introduced fixed working hours for all the civil service employees. When the Public Service Act (PSA) was implemented it became apparent that teachers needed to comply with the provisions of the Employment Act and the international labour standards regulating the hours of work.
The act required that employees could work for a maximum of 8 hours in a day unless if engaged to work overtime. This meant that a lot of other activities such as remedial lessons, enrichment activities, supervision of coursework, sporting activities, and others fell outside the realm of the stipulated hours.
At transitional negotiations in 2010, that is, negotiations meant for the purposes of a swift movement from the old act (Teaching Service Act) to the new Act (PSA), trade unions proposed a separate arrangement of working hours of teachers because of the peculiarity of the job. The trade unions proposed a 26 day model as a way of resolving the hours of work issue.
The Directorate of Public Service Management (DPSM) however thought that the proposed model was too complex and would be costly and the unions maintained that it would be much cheaper as it would only add ten extra hours per week for the teachers. From the ten hours, eight hours will constitute a day hence the sixth day in a week. This would make teachers to transform to a bracket of employees who are paid for 26 days at the end of the month hence having an additional remuneration of four days per month.
“This is a model that we have persistently put forward to government as the lasting solution to the notorious hours of work issue. Government instead has not been forthcoming to discuss the 26 day model as proposed by the trade unions, but instead has resorted to engaging teachers on overtime.”
However the Government had previously expressed the fear that the 26 day model will be expensive and preferred to resort to engaging teachers on overtime. In spite of this believe by government, it is now proving that overtime is not coming any cheaper. Of recent the employer has been decreeing huge expenditure on overtime for teachers and made desperate attempts to alter overtime rules as provided for in the Employment Act.
The Ministry of Education and Skills Development insist on payment of fifty percent of hours worked as days off and another half paid off in monetary terms, but BOSETU has advised its members to desist from carrying overtime in case that the employer pre – determines the conditions under which the overtime is to be worked in such a plot.
“We have seen government clearly and fragrantly bypassing and bending the laws regulating overtime through unlawful savingrams authored by DPSM and the Ministry of Education. Such instructions have put teachers and school managements on a collision course. We have huge number of teachers whose authorized overtime engagements have not been paid out as government shifts goal posts on overtime payments.”
BOSETU is of the view that Education Ad hoc Sectoral Bargaining structure which worked well during Minister Pelonomi Venson-Moitoi and Permanent Secretary Grace Muzila’s management has become defunct and has ceased to meet.
The union has therefore called on the Vice President who doubles as the Minister of Education and Skills Development, Mokgweetsi Masisi and the Permanent Secretary Dr Richard Matlhare to get the structure up again and resolve the mess that is besieging their Ministry. The structure according to the union did help in addressing issues of industrial relations and teacher welfare.
New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.
The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.
It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong. According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.
Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.
“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.
According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”
He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.
“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.
Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.
“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.
Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.
“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.
Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”
He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.
He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”
The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.
This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.
A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”
“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.
“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.
According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.
The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.
The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation. The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).
Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.
The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.
“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”
The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”
“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.
Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.
In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.
Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.
BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.
As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.
“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.
Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.
“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.
This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.
“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.