10 Apr 2016

The Minister of Labour and Home Affairs, Mr Edwin Batshu, tabled the Trade and Disputes Bill of 2015 for second reading in Parliament on Thursday.  

The bill was tabled for first reading last year, but later withdrawn for further consultations at the request of trade unions. 

When addressing Parliament, Mr Batshu said the bill, which would replace the Trade and Dispute Act of 2003, was intended to, among other things, strengthen the dispute resolution process that would in turn minimise delays in the resolution of trade disputes.

Furthermore, he stated that the bill sought to increase the number of cadres included under the essential services bracket.

Mr Batshu said the current dispute resolution process was characterised by delays emanating from gaps in the existing act, particularly the mediation process.

“The current act established a two stage dispute resolution process, whereby a trade dispute reported to the commissioner of labour and social security and if not resolved, it is referred to either arbitration or the Industrial Court for adjudication. In an effort to find ways of reducing delays in the resolution of trade disputes, a number of proposed amendments have been made through this bill,” the minister said.

He said in an effort to address the delays, the bill also sought to give the commissioner of labour and social security the power to confirm or vary default awards by mediators, which will result in a reduction in the backlog of cases at the Industrial Court.

The minister further proposed through the bill that the diamond sorting, cutting and selling services, the teaching services, the veterinary services in the public service, the immigration and Botswana Unified Revenue Services, the government broadcasting services, and the fuel haulage services should be included under cadres classified as essential services.

Mr Batshu said Parliament had been given the exclusive power to declare a service essential in the bill. 

However, he stated that the minister might declare a service as essential service temporarily where an industrial strike would have potential to endanger lives, safety or health of the whole nation or part of the population.

He admitted that during the process of consultations, the Labour Advisory Council indicated that some of the services listed as essential services were not consistent with the International Labour Organisations guidelines of essential services.

“The board advised on the need for the establishment of a committee comprising stakeholders who will determine the lists of essential services on the basis of guidelines to be developed. The same sentiments were expressed by the trade unions consulted,” Mr Batshu said.

However, he explained that he had chosen to follow the suggestion by the court in the CA Civil Appeal No. CACGB -083-12 to reserve the prerogative to declare a service as an essential service to Parliament.

The Member of Parliament for Gaborone Central, Dr Phenyo Butale, dismissed the bill, alleging that it intended to clamp down on workers rights after government lost a court case against trade unions after the trade dispute of 2011. 

He said clause 46, which spelt out amendments to essential services cadres should not be removed from the bill.

Dr Butale advised the minister to withdraw the bill for more consultations, stating that government should be seeking to build bridges with workers instead of antagonising them.

Furthermore, he said government of Botswana as a signatory of ILO Conventions and a sitting member of the governing body of ILO should be guided by ILO principles. Ends