08 Mar 2015

The long awaited Trade Dispute Act will be tabled in Parliament in July this year and it is expected to give powers to the department of labour and social security to swiftly deal with industrial relations matters.

Minister of Labour and Home Affairs, Mr Edwin Batshu, announced this in Parliament on March 5 when responding to the debate on the Industrial Court 2015/2016 bdget proposal. Most legislators raised issues, which centered on the need for such a legislation.

“When we meet in July we will need to pass this piece of legislation which will enforce justice, this disparaging practice where when the employer is called for a hearing and they do not turn up will stop because the Department of Labour and Social Security will be empowered,” he said.

Mr Batshu said the envisaged Trade Dispute legislation will address loopholes where the employers were trampling upon the rights of the litigants by deliberately not turning up when summoned for hearing by the Department of Labour and Social Security thereby delaying justice meanwhile the litigant suffers. He added that this piece of legislation will also reduce the backlog of cases registered by the Industrial Court as most cases would be solved at the Department of Labour and Social Security Level.

Further, the minister noted that as per the National Development Plan 10, in financial year 2015/2016 the Ministry of Labour and Home Affairs has budgeted for the long awaited establishment of the Independent Trade Dispute Resolution Structure, which he said they will duly be put into effect.

He also accepted responsibility for the low budget expenditure of Industrial Court 2014/2015 financial year development budget of which 18 percent spent. He said he will ensure that this does not repeat itself as it was a drawback, “This must stop,” he said.

In the debate earlier on Moshupa/Manyana MP and Vice President Mr Mokgweetsi Masisi said the Industrial Court is an open access court for all by design to ensure justice for all. However he said the length that the aggrieved parties have to wait for completion of their case must be reduced lest it blemishes what the court was intended for.

“It does not matter who the litigants are, be it government or the private sector, the court must work in the interest of justice,” he stated.

Selibe Phikwe West MP, Mr Dithapelo Keorapetse called for a stand-alone Ministry of Labour that deals specifically with labour issues only and not home affairs issues. “This will enable it to focus as well as avert the existing acerbic industrial relations between trade unions and the employer,” he said.

Further Mr Keorapetse said for the country to achieve harmonious industrial relations “we need an independent entity that will deal with trade disputes and this will reduce pressure on the industrial court,” he said adding that International Labour Organisation (ILO) conventions that have been ratified must be domesticated. ENDS