19 Dec 2024

Conclusion of the constitution of the Public Service Bargaining Council (PSBC) currently requires the agreement of all recognised trade union.

Trade unions have however, failed to agree on the contents of the constitution for a while, resulting in it pending completion. This was indicated by the Minister for State President, Mr Moeti Mohwasa when presenting the Public Service Act amendment Bill on December 18.  Mr Mohwasa said this stalemate had resulted in failure to resuscitate the bargaining council.

“To address this stalemate, a decision has been made to amend the act, to insert a provision breaking the current impasse that has regrettably caused the fragmentation of the collective bargain process in the public service,” he said.

He explained that this would be done by providing for a simple majority, instead of all recognised trade unions as was currently provided, to agree on the terms of the constitution. Mr Mohwasa said the successful registration of PSBC would strengthen social dialogue and collective bargaining in line with the International Labour Organisation (ILO) Convention 98 which Botswana ratified in 1997.

Contributing to the bill, Tswapong South legislator, Dr Kesitegile Gobotswang said the amendment would hopefully help resuscitate the long awaited PSBC.

“Now that the bargaining council threshold has been eased, this will ensure progress,” he said.

Dr Gobotswang however, said that although the development was welcome, trade unions had indicated a concern that the bill was brought to Parliament without their consultation, something he advised against in future. He also implored government to create a platform for disciplined forces, who were not allowed to unionise, to air their grievances.

“Failure to allow them such a conduit makes their working environment stressful,” he said and added that it was time government understood that unions were not all about strikes, but a platform for the employer and employees to sit and iron out issues of concern.

Minister of Local Government and Traditional Affairs, who is also Mmadinare MP, Mr Ketlhalefile Motshegwa said although Botswana was a member of the ILO and ratified conventions that supported collective bargaining and freedom of association, the country’s laws were not in tandem with that of the international organ.

“In this way, a holistic labour law review to comply is necessary,” he said. 

Mr Motshegwa also explained that the process of dispute and grievance resolution for essential workers was different from that of the rest of the public service.

“It should also be understood that no right to strike does not mean that all avenues are closed,” he said.

Mr Motshegwa welcomed the amendments, saying that lack of a PSBC had for long deprived employer and employees a platform to discuss issues amicably. He said the amendment was also an indication that the new government was committed to working with unions.

Maun West legislator, Mr Caterpillar Hikuama also agreed on the importance of not equating unions to strikes, but the welfare of workers.

“In that way, we should see the need for all to unionise, and we should not have any fears of allowing even disciplined forces to also unionise,” he said, and indicated that striking was usually a last resort when all was tried and failed.

Maun East MP, Mr Goretetse Kekgonegile advocated for the total removal of the threshold, arguing that it would disadvantage the minority dissenting unions.

He said this was equal to taking away unions’ right to bargain. “It is upon this parliament to protect the right of the minority because the principle of a bargaining council is to embrace all,” he said.

Mr Kekgonegile said a threshold, although international standard, should be implemented within the scope of viability, which he said then made it unnecessary in small populations like that of Botswana.

Responding to contribution by legislators on the bill, Assistant Minister for State President, Ms Maipelo Mophuting appreciated their passion in the matter.

She also assured them that the Public Service Act was not cast in stone, and that their suggestions would be considered for the future.

“We should admit that although the voice of the minority is also important, we cannot delay the PSBC any more for the sake of the majority that managed to find common ground,” she said. Ends