Understanding Botswanas trade dispute resolution framework: Litigation
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In Botswana, the Trade Disputes Act, 2016 (the Act) provides the framework within which trade disputes are resolved. This framework hinges on four legs, namely mediation, arbitration, industrial action and litigation. In this four-part series, we discuss this framework.
In last weeks article, we discussed the third leg of Botswanas trade dispute resolution framework-industrial action. In this article, we discuss the fourth leg, namely litigation at the Industrial Court. The Act does not define the term litigation. Litigation is generally understood to mean a situation where parties to a trade dispute take their dispute to a court, in this case the Industrial Court, for determination by a judge.
Just like an arbitrator, a judges decision is binding on the parties though they can, of course, appeal it. However, while an arbitrator must be acceptable to both parties, a judge does not have to be acceptable to the parties. A party can, however, apply for the judges recusal from the case for such reasons as reasonable apprehension of bias.
Before discussing litigation at the Industrial Court, it is apposite that a brief background of the origins and evolution of the Industrial Court be given. The original Trade Disputes Act (No. 19/1982) provided for disputes to be adjudicated, inter alia, by a Permanent Arbitrator. This is confirmed in Veronica Moroka & 2 Others v The Attorney General and Another, Court of Appeal Civil Appeal No. CACGB-121-17 at para 11.
The Industrial Court replaced the institution of the Permanent Arbitrator (Dingake Collective Labour Law in Botswana 23) following the enactment of the Trade Disputes Act (No. 23/1997) which, as confirmed in the Veronica Moroka case supra, came into force on 9 October 1997.
As per Kirby JP, in the Veronica Moroka case supra, the Industrial Courts status as a court was uncertain and no provision was made for it to be served by a Registrar, with the usual powers and duties of such office.
The Court of Appeal, in Botswana Railways Organization v Setsogo and Others, 1996 BLR 763 CA, remedied this defect. It held that the Industrial Court was not a mere statutory tribunal, but was, in line with Section 127(1) of the Constitution of Botswana, a subordinate court, having limited jurisdiction.
Following the change of the definition of subordinate court by Act 2/2002 to exclude the Industrial Court, along with the Court of Appeal, the High Court and a court martial, the Industrial Court became a superior court, albeit still with limited jurisdiction unlike the High Court, for instance, which has inherent unlimited jurisdiction.
Consequently, appeals from the Industrial Court were referred to the Court of Appeal. Perhaps most significantly, according to Veronica Moroka, Industrial Court judges were now, just like High Court judges, protected by, inter alia, security of tenure.
The Trade Disputes Act was further amended and replaced by the Trade Disputes Act, 2003 which commenced on 6 April 2004 as Act No. 15 of 2004. Section 16(8) of this Act provided for the appointment of the Registrar and an Assistant Registrar, but still had no section clothing them with specific powers.
It, through section 20(3), also bestowed, in the Court, the power to hear urgent applications and, in terms of section 18(1), the power to grant interdicts, thereby remedying the defects identified in Botswana Railways Organization v Setsogo & Others supra, but it still had no provision dealing with writs of execution and sales flowing therefrom.
In terms of section 18(1) of the Act, the Industrial Courts jurisdiction includes the power to hear and determine all trade disputes except disputes of interest as well as, in terms of section 20(1) (b) of the Act, the power to interdict any unlawful industrial action and to grant general interdicts, declaratory orders or interim orders.
In terms of section 20(1) (c) of the Act, the Industrial Court is also clothed with the power to hear appeals and reviews of the decisions of mediators and arbitrators respectively. It, in terms of section 20(1) (d) of the Act, has the power to direct the Commissioner to assign a mediator to mediate a dispute if it is of the opinion that the matter has not been properly mediated or requires further mediation.
In terms of section 20(1) (e) of the Act, the Industrial Court also has the power to direct the Commissioner to refer a dispute that is before the Court for arbitration. In terms of section 20(1) (f) of the Act, it has the power to refer any matter to an expert and, at the Courts discretion, to accept the experts report as evidence in the proceedings.
The Industrial Court also has the power to give such directions to parties to a trade dispute provided the object of such directions is the expedient and just hearing and determination or disposal of any dispute before it.
In terms of section 20(2) of the Act, any matter of law and any question as to whether a matter for determination is a matter of law or a matter of fact is decided by the presiding judge. In terms of section 20(3) of the Act, with respect to all issues other than those referred to under section 20 (2), the decision of the majority of the Court prevails.
Where there is no majority decision under section 20 (3), the decision of the judge prevails. In terms of section 24(2) of the Act, any interested party in any proceedings under the Act may appear by legal representation or may be represented by any other person so authorised by that party.
In terms of section 28(2) of the Act, a decision of the Industrial Court has the same force and effect as a decision of the High Court, and because, unlike South Africa, Botswana has no Labour Appeal Court, decisions of the Industrial Court, just like those of the High Court, are, in terms of section 20(5) of the Act, appealable to the highest court in the land, that is, the Court of Appeal.
The Trade Disputes Act went through another amendment in 2016. Section 14 of the Act ensures the continuation of the Industrial Court. It outlines its functions as the settlement of trade disputes as well as the securing and maintenance of good industrial relations in Botswana.
In terms of section 15(1) of the Act, the judges of the Industrial Court are appointed by the state President from among persons possessing the qualifications to be judges of the High Court as prescribed under section 96 of the Constitution.
In terms of section 15(2) of the Act, these judges are headed by the President of the Industrial Court designated by the state President from among the judges.
In terms of section 15(4) of the Act, a judge of the Industrial Court who is not a citizen of Botswana or who is not appointed on permanent and pensionable terms may be appointed on contract basis and is eligible for reappointment.
In terms of section 15(5) of the Act, Judges of the Industrial Court sit with two nominated members, one of whom is selected by the judge from among persons nominated by the organisation representing employees or trade unions in Botswana and the other selected by the judge from among persons nominated by the organisation representing employers in Botswana.
In terms of section 15(6) of the Act, where, for any reason, the nominated members are or either of them is absent for any part of the hearing of a trade dispute, the jurisdiction of the court may be exercised by the judge alone or with the remaining member of the Court, whichever the case may be, unless the judge, for good reason, decides that the hearing should be postponed.
In terms of section 18(1) of the Act, An Industrial Court judge vacates office on attaining the age of 70 years, provided that the state President may permit him or her to continue in office for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that had commenced before him or her.
In terms of section 18(2) of the Act, in accordance with the provisions of the proviso to section 96(6) of the Constitution, a person appointed to act as an Industrial Court judge vacates that office on attaining the age of 75 years.
In terms of section 19(1) (a) and (b) of the Act, an Industrial Court judge may be removed from office only for inability to perform the functions of his or her office, whether arising from infirmity of body or mind, or from any other cause or for serious misconduct.
In terms of section 19(2) of the Act, the power to remove an Industrial Court judge from office vests in the state President acting in accordance with the procedure provided under section 97 of the Constitution for the removal of High Court judges.
*Ndulamo Anthony Morima, LLM(NWU); LLB(UNISA); DSE(UB); CoP (BAC); CoP (IISA) is the proprietor of Morima Attorneys. He can be contacted at 71410352 or anmorima@gmail.com
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Speaking at a mental health breakfast seminar last week I emphasised to the HR managerial audience that you cannot yoga your way out of a toxic work culture. What I meant by that was that as HR practitioners we must avoid tending to look at the soft options to address mental health issues, distractions such as yoga and meditation. Thatâs like looking for your lost bunch of keys, then opening the front door with the spare under the mat. Youâve solved the immediate problem, but all the other keys are still missing.  Donât get me wrong; mindfulness practices, yoga exercise and taking time to smell the roses all have their place in mental wellness but itâs a bit like hacking away at the blight-ridden leaves of the tree instead of getting to the root cause of the problem.
Another point I stressed was that mental health at work shouldnât be looked at from the individual lens â yet thatâs what we do. We have counselling of employees, wellness webinars or talks but if you really want to sort out the mental health crisis that we face in our organisations you HAVE to view this more systemically and that means looking at the system and that starts with the leaders and managers.
Now. shining a light on management may not be welcomed by many. But leaders control the flow of work and set the goals and expectations that others need to live up to. Unrealistic expectations, excessive workloads and tight deadlines increase stress and force people to work longer hours … some of the things which contribute to poor mental health. Actually, we know from research exactly what contributes to a poor working environment â discrimination and inequality, excessive workloads, low job control and job insecurity â all of which pose a risk to mental health. The list goes on and is pretty exhaustive but here are the major ones: under-use of skills or being under-skilled for work; excessive workloads or work pace, understaffing; long, unsocial or inflexible hours; lack of control over job design or workload; organizational culture that enables negative behaviours; limited support from colleagues or authoritarian supervision; discrimination and exclusion; unclear job role; under- or over-promotion; job insecurity.
And to my point no amount of yoga is going to change that.
We can use the word âtoxicâ to describe dysfunctional work environments and if our workplaces are toxic we have to look at the people who set the tone. Harder et al. (2014) define a toxic work environment as an environment that negatively impacts the viability of an organization. They specify: “It is reasonable to conclude that an organization can be considered toxic if it is ineffective as well as destructive to its employees”.
Micromanagement and/or failure to reward or recognize performance are the most obvious signs of toxic managers. These managers can be controlling, inflexible, rigid,  close-minded, and lacking in self-awareness. And letâs face it managers like those I have just described are plentiful. Generally, however there is often a failure by higher management to address toxic leaders when they are considered to be high performing. This kind of situation can be one of the leading causes of unhappiness in teams. I have coached countless employees who talk about managers with bullying ways which everyone knows about, yet action is never taken. Itâs problematic when we overlook unhealthy dynamics and behaviours because of high productivity or talent as it sends a clear message that the behaviour is acceptable and that others on the team will not be supported by leadership.
And how is the HR Manager viewed when they raise the unacceptable behaviour with the CEO â they are accused of not being a team player, looking for problems or failing to understand business dynamics and the need to get things done. Toxic management is a systemic problem caused when companies create cultures around high-performance and metrics vs. long-term, sustainable, healthy growth. In such instances the day-to-day dysfunction is often ignored for the sake of speed and output. While short-term gains are rewarded, executives fail to see the long-term impact of protecting a toxic, but high-performing, team or employee. Beyond this, managers promote unhealthy workplace behaviour when they recognize and reward high performers for going above and beyond, even when that means rewarding the road to burnout by praising a lack of professional boundaries (like working during their vacation and after hours).
The challenge for HR Managers is getting managers to be honest with themselves and their teams about the current work environment. Honesty is difficult, Iâm afraid, especially with leaders who are overly sensitive, emotional, or cannot set healthy boundaries. But hereâs the rub – no growth or change can occur if denial and defensiveness are used to protect egos. Being honest about these issues helps garner trust among employees, who already know the truth about what day-to-day dynamics are like at work. They will likely be grateful that cultural issues will finally be addressed. Conversely, if they arenât addressed, retention failure is the cost of protecting egos of those in management.
Toxic workplace culture comes at a huge price: even before the Great Resignation, turnover related to toxic workplaces cost US employers almost $50 billion yearly! I wonder what itâs costing us here.
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We can use the word âtoxicâ to describe dysfunctional work environments and if our workplaces are toxic we have to look at the people who set the tone. Harder et al. (2014) define a toxic work environment as an environment that negatively impacts the viability of an organization. They specify: “It is reasonable to conclude that an organization can be considered toxic if it is ineffective as well as destructive to its employees”.
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o date, Princess Diana, General Atiku, had destroyed one marriage, come close to ruining another one in the offing, and now was poised to wreck yet another marriage that was already in the making. This was between Dodi Fayed and the American model Kelly Fisher.
If there was one common denominator about Diana and Dodi besides their having been born with a silver spoon in their mouths, General, it was that both were divorcees. Dodiâs matrimonial saga, however, was less problematic and acrimonious and lasted an infinitesimal 8 months. This was with yet another American model and film actress going by the name Susanne Gregard.
Dodi met Susanne in 1986, when she was only 26 years old. Like most glamourous women, she proved not to be that easy a catch and to readily incline her towards positively and expeditiously responding to his rather gallant advances, Dodi booked her as a model for the Fayedâs London mega store Harrods, where he had her travel every weekend by Concorde. They married at a rather private ceremony at Dodiâs Colorado residence in 1987 on New Yearâs Day, without the blessings, bizarrely, of his all-powerful father.  By September the same year, the marriage was, for reasons that were not publicised but likely due to the fact that his father had not sanctioned it,  kaput.
It would take ten more years for Dodi to propose marriage to another woman, who happened to be Kelly Fisher this time around.
DODI HITCHES KELLY FISHER
Kelly and Dodi, General, met in Paris in July 1996, when Kelly was only 29 years old. In a sort of whirlwind romance, the duo fell in love, becoming a concretised item in December and formally getting engaged in February 1997.
Of course the relationship was not only about mutual love: the material element was a significant, if not vital, factor. Kelly was to give up her modelling job just  so she could spend a lot more time with the new man in her life and for that she was to be handed out a compensatory reward amounting to  $500,000. The engagement ring for one, which was a diamond and sapphire affair, set back Dodi in the order of   $230,000. Once they had wedded, on August 9 that very year as per plan, they were to live in a $7 million 5-acre  Malibu Beach mansion in California, which Dodiâs father had bought him for that and an entrepreneurial purpose. They were already even talking about embarking on making a family from the get-go: according to Kelly, Dodi wanted two boys at the very least.
Kelly naturally had the unambiguous blessings of her father-in-law as there was utterly nothing Dodi could do without the green light from the old man. When Mohamed Al Fayed was contemplating buying the Jonikal, the luxurious yacht, he invited Dodi and Kelly to inspect it too and hear their take on it.
If there was a tell-tale red flag about Dodi ab initio, General, it had to do with a $200,000 cheque he issued to Kelly as part payment of the pledged $500,000 and which was dishonoured by the bank. Throughout their 13-month-long romance, Dodi made good on only $60,000 of the promised sum. Â But love, as they say, General, is blind and Kelly did not care a jot about her beauâs financial indiscretions. It was enough that he was potentially a very wealthy man anyway being heir to his fatherâs humongous fortune.
                                             KELLY CONSIGNED TO âBOAT CAGEâ                Â
In that summer of the year 1997, General, Dodi and Kelly were to while away quality time  on the French Rivierra as well as the Jonikal after Paris. Then Dodiâs dad weighed in and put a damper on this prospect in a telephone call to Dodi on July 14. âDodi said he was going to London and heâd be back and then we were going to San Tropez,â Kelly told the interviewer in a later TV programme.  âThat evening he didnât call me and I finally got him on his portable phone. I said, âDodi where are you?â and he said he was in London. I said, âOk, Iâll call you right back at your apartmentâ. He said, âNo, no, donât call me backâ. So I said, âDodi where are you?â and he admitted he was in the south of France. His father had asked him to come down and not bring me, I know now.â
Since Dodi could no longer hide from Kelly and she on her part just could not desist from badgering him, he had no option but to dispatch a private Fayed  jet to pick her up so that she join him forthwith in St. Tropez. This was on July 16.
Arriving in St. Tropez, Kelly, General, did not lodge at the Fayedâs seaside villa as was her expectation but was somewhat stashed in the Fayedâs maritime fleet, first in the Sakara, and later in the Cujo, which was moored only yards from the Fayed villa. It was in the Cujo Kelly  spent the next two nights with Dodi. âShe (Kelly) felt there was something strange going on as Dodi spent large parts of the day at the familyâs villa, Castel St. Helene, but asked her to stay on the boat,â writes Martyn Gregory in The Diana Conspiracy Exposed. âDodi was sleeping with Kelly at night and was courting Diana by day. His deception was assisted by Kelly Fisherâs modelling assignment on 18-20 July in Nice. The Fayedâs were happy to lend her the Cujo and its crew for three days to take her there.â
Dodiâs behaviour clearly was curious, General. âDodi would say, âIâm going to the house and Iâll be back in half an hourâ,â Kelly told Gregory. âAnd heâd come back three or four hours later. I was furious. Iâm sitting on the boat, stuck. And he was having lunch with everyone. So he had me in my little boat cage, and I now know he was seducing Diana. So he had me, and then he would go and try and seduce her, and then heâd come back the next day and it would happen again. I was livid by this point, and I just didnât understand what was going on. When he was with me, he was so wonderful. He said he loved me, and we talked to my mother, and we were talking about moving into the house in California.â
But as is typical of the rather romantically gullible tenderer sex, General, Kelly rationalised her manâs stratagems. âI just thought they maybe didnât want a commoner around the Princess ⊠Dodi kept leaving me behind with the excuse that the Princess didnât like to meet new people.â During one of those nights, General, Dodi even had unprotected sexual relations with Kelly whilst cooing in her ear that, âI love you so much and I want you to have my baby.â
KELLY USHERED ONTO THE JONIKAL AT LONG LAST
On July 20, General, Diana returned to England and it was only then that Dodi allowed Kelly to come aboard the Jonikal. According to Debbie Gribble, who was the Jonikalâs chief stewardess, Kelly was kind of grumpy. âI had no idea at the time who she was,  but I felt she acted very spoiled,â she says in Trevor Rees-Jonesâ The Bodyguardâs Story. âI remember vividly that she snapped, âI want to eat right now. I donât want a drink, I just want to eat nowâ. It was quite obvious that she was upset, angry or annoyed about something.â
Kellyâs irascible manner of course was understandable, General, Â given the games Dodi had been playing with her since she pitched up in St. Tropez. Granted, what happened to Kelly was very much antithetical to Dodiâs typically well-mannered nature, but the fact of the matter was that she simply was peripheral to the larger agenda, of which Dodiâs father was the one calling the shots.
On July 23, Dodi and Kelly flew to Paris, where they parted as Kelly had some engagements lined up in Los Angeles. Dodi promised to join her there on August 4 to celebrate with her her parentsâ marriage anniversary. Dodi, however, General, did not make good on his promise: though he did candidly own up to the fact that he was at that point in time again with Diana, he also fibbed that he was not alone with her but was partying with her along with Elton John and George Michael. But in a August 6 phone call, he did undertake to Kelly that he would be joining her    in LA in a few daysâ time. In the event, anyway, General, Kelly continued to ready herself for her big day, which was slated for August 9 â until she saw âThe Kissâ.
THE KISS THAT NEVER WAS
âThe Kissâ, General, first featured in Londonâs Sunday Mirror on August 10 under that very headline. In truth, General, it was not a definitive, point-blank kiss: it was a fuzzy image of Diana and Dodi embracing on the Jonikal. A friend of Kelly faxed her the newspaper pictures in the middle of the night and Kelly was at once stunned and convulsed with rage.
But although Kelly was shocked, General, she was not exactly surprised as two or three days prior, British tabloids had already begun rhapsodising on a brewing love affair between Dodi and Diana. That day, Kelly had picked up a phone to demand an immediate explanation from her fiancĂ©. âI started calling him in London because at this time I was expecting his arrival in a day. I called his private line, but there was no answer. So then I called the secretary and asked to speak to him she wouldnât put me on. So Mohamed got on and in so many horrible words told me to never call back again. I said, âHeâs my fiancĂ©, what are you talking about?â He hung up on me and I called back and the secretary said donât ever call here again, your calls are no longer to be put through. It was so horrible.â
Kelly did at long last manage to reach Dodi but he was quick to protest that, âI canât talk to you on the phone. I will talk to you in LA.â Perhaps Dodi, General, just at that stage was unable to  muster sufficient  Dutch courage to thrash out the matter with Kelly but a more credible reason he would not talk had to do with his fatherâs obsessive bugging of every communication device Dodi used and every inch of every property he owned.  The following is what David Icke has to say on the subject in his iconic book The Biggest Secret:
âIronically, Diana used to have Kensington Palace swept for listening devices and now she was in the clutches of a man for whom bugging was an obsession. The Al Fayed villa in San Tropez was bugged, as were all Fayed properties. Everything Diana said could be heard. Bob Loftus, the former Head of Security at Harrods, said that the bugging there was âa very extensive operationâ and was also always under the direction of Al Fayed. Henry Porter, the London Editor of the magazine Vanity Fair, had spent two years investigating Al Fayed and he said they came across his almost obsessive use of eavesdropping devices to tape telephone calls, bug rooms, and film people.â
Through mutual friends, General, Porter warned Diana about Al Fayedâs background and activities âbecause we thought this was quite dangerous for her for obvious reasonsâ but Diana apparently felt she could handle it and although she knew Al Fayed could âsometimes be a rogueâ, he was no threat to her, she thought. âHe is rather more than a rogue and rather more often than âsometimes,â she apparently told friends. âI know heâs naughty, but thatâs all.â The TV programme  Dispatches said they had written evidence that Al Fayed bugged the Ritz Hotel and given his background and the deals that are hatched at the Ritz, it would be uncharacteristic if he did not. Kelly Fisher said that the whole time she was on Fayed property, she just assumed everything was bugged. It was known, she said, and Dodi had told her the bugging was so pervasive.
KELLY SUES, ALBEIT VAINLY SO
To his credit, General, Dodi was sufficiently concerned about what had transpired in St. Tropez to fly to LA and do his utmost to appease Kelly but Kelly simply was not interested as to her it was obvious enough that Diana was the new woman in his life.
On August 14, Kelly held a press conference in LA, where she announced that she was taking legal action against Dodi for breach of matrimonial contract. Her asking compensation price was ÂŁ340,000. Of course the suit, General, lapsed automatically with the demise of Dodi in that Paris underpass on August 31, 1997.
Although Kelly did produce evidence of her engagement to Dodi in the form of a pricey and spectacular engagement ring, General, Mohamed Al Fayed was adamant that she never was engaged to his son and that she was no more than a gold digger.
But it is all water under the bridge now, General: Kelly is happily married to a pilot and the couple has a daughter. Her hubby  may not be half as rich as Dodi potentially was but she is fully fulfilled anyway. Happiness, General, comes in all shades and does not necessarily stem from a colossal bank balance or other such trappings of affluence.
Pic Cap
THE SHORT-LIVED TRIANGLE: For about a month or so, Dodi Al Fayed juggled Princess Diana and American model Kelly Fisher, who sported Dodiâs engagement ring. Of course one of the two had to give and naturally it could not be Diana, who entered the lists in the eleventh hour but was the more precious by virtue of her royal pedigree and surpassing international stature.
NEXT WEEK: FURTHER BONDING BETWEEN DIANA AND DODI
Extravagance in recent times has moved from being the practice of some rich and wealthy people of society in general and has regrettably, filtered to all levels of the society. Some of those who have the means are reckless and flaunt their wealth, and consequently, those of us who do not, borrow money to squander it in order to meet their familiesâ wants of luxuries and unnecessary items. Unfortunately this is a characteristic of human nature.
Adding to those feelings of inadequacy we have countless commercials to whet the consumerâs appetite/desire to buy whatever is advertised, and make him believe that if he does not have those products he will be unhappy, ineffective, worthless and out of tune with the fashion and trend of the times. This practice has reached a stage where many a bread winner resorts to taking loans (from cash loans or banks) with high rates of interest, putting himself in unnecessary debt to buy among other things, furniture, means of transport, dress, food and fancy accommodation, – just to win peoplesâ admiration.
Islam and most religions discourage their followers towards wanton consumption. They encourage them to live a life of moderation and to dispense with luxury items so they will not be enslaved by them. Many people today blindly and irresponsibly abandon themselves to excesses and the squandering of wealth in order to âkeep up with the Jonesesâ.
The Qurâaan makes it clear that allowing free rein to extravagance and exceeding the limits of moderation is an inherent characteristic in man. Allah says, âIf Allah were to enlarge the provision for his servants, they would indeed transgress beyond all bounds.â [Holy Qurâaan 42:Â 27]
Prophet Muhammad (PBUH) said, âObserve the middle course whereby you will attain your objective (that is paradise).â –Â Moderation is the opposite of extravagance.
Every individual is meant to earn in a dignified manner and then spend in a very wise and careful manner. One should never try to impress upon others by living beyond oneâs means. Extravagance is forbidden in Islam, Allah says, âDo not be extravagant; surely He does not love those who are extravagant!â [Holy Qurâaan 7: 31]
The Qurâaan regards wasteful buying of food, extravagant eating that sometimes leads to throwing away of leftovers as absolutely forbidden. Allah says, âEat of the fruits in their season, but render the dues that are proper on the day that the harvest is gathered. And waste not by excess, for Allah loves not the wasters.â [Holy Qurâaan 6:Â 141]
Demonstrating wastefulness in dress, means of transport, furniture and any other thing is also forbidden. Allah says, âO children of Adam! Wear your apparel of adornment at every time and place of worship, and eat and drink but do not be extravagant; surely He does not love those who are extravagant!â [Holy Qurâaan 7:Â 31]
Yet extravagance and the squandering of wealth continue to grow in society, while there are many helpless and deprived peoples who have no food or shelter. Just look around you here in Botswana.
Have you noticed how people squander their wealth on âmust haveâ things like designer label clothes, fancy brand whiskey, fancy top of the range cars, fancy society parties or even costly weddings, just to make a statement? How can we prevent the squandering of such wealth?
How can one go on spending in a reckless manner possibly even on things that have been made forbidden while witnessing the suffering of fellow humans whereby thousands of people starve to death each year. Islam has not forbidden a person to acquire wealth, make it grow and make use of it. In fact Islam encourages one to do so. It is resorting to forbidden ways to acquiring and of squandering that wealth that Islam has clearly declared forbidden. On the Day of Judgment every individual will be asked about his wealth, where he obtained it and how he spent it.
In fact, those who do not have any conscience about their wasteful habits may one day be subjected to Allahâs punishment that may deprive them of such wealth overnight and impoverish them. Many a family has been brought to the brink of poverty after leading a life of affluence. Similarly, many nations have lived a life of extravagance and their people indulged in such excesses only to be later inflicted by trials and tribulations to such a point that they wished they would only have a little of what they used to possess!
With the festive season and the new year holidays having passed us, for many of us meant âoneâ thing â spend, spend, spend. With the festivities and the celebrations over only then will the reality set in for many of us that we have overspent, deep in debt with nothing to show for it and that the following months are going to be challenging ones.
Therefore, we should not exceed the bounds when Almighty bestows His bounties upon us. Rather we should show gratefulness to Him by using His bestowments and favours in ways that prove our total obedience to Him and by observing moderation in spending. For this will be better for us in this life and the hereafter.