05 Jul 2016

MPs have expressed divergent views on the proposed Trade Disputes Bill of 2015 which will replace the Trade and Dispute Act of 2003.

Some MPs are of the view that the bill was important in the sense that it protects the rights of children to education because in its clause, teachers form part of the essential services cadres.

The MP for Serowe South, Dr Pelonomi Venson-Moitoi said the bill was important in the sense that it speaks for minors’ right to education.

Dr Venson-Moitoi said “teachers can be given the right to strike, but it has to be limited and be balanced so that it does not deny children the right to education.”

She said teachers’ strike should be regulated so that it does not at all interfere with children’s right to education.

She said in the United Kingdom, teachers were allowed to strike for only two hours, and that it could be applicable in Botswana by stipulating the number of hours they could go on strike.

The MP for Shoshong, Mr Dikgang Makgalemele concurred with Dr Venson-Moitoi that the bill was protecting the rights of children by including teachers in the essential services cadre.

He said the bill was not only about essential services, but was also strengthening the role of labour commissioner as most cases would be resolved in a more comprehensive manner.

Opposing the bill, some legislators said not enough consultation was done with the labour movements and Batswana.

They said the bill held the opposition members at ransom because they were the minority in Parliament and that BDP MPs use their numerical strength to pass it. They also said it seemed as if most cadres have been added to essential services without any valid reasons.

Gaborone North MP, Mr Haskings Nkaigwa said the bill was meant to hurt civil servants and labour movements. 

He said teachers grievances should be addressed such as their conditions of working and living as well as salaries.

Mr Nkaigwa said making teachers essential services would exacerbate the already poor academic performance that emanates from disillusioned workforce. “The approach to laws should not be guided by anger,” he said. The MP for Gabane-Mmankgodi, Maj. Gen. Pius Mokgware said the bill should protect the rights of all employees across all cadres. 

He said in many instances employees were exploited and that labour disputes were dragging for a long time in courts, something he said should be considered in the new law. Maj. Gen. Mokgware said most low income earners were not well protected by the laws of Botswana such as herdsmen, house-keepers and transport operators because most of their employers under this cohort do not recognise labour movements.

He said labour commissioners should be given powers to deal with employers who exploit their employees.

Maj. Gen. Mokgware further said the business community, who mostly were foreigners, were not paying employees their gratuities under the pretence that their companies have liquidated, saying the issue should be looked into. 

Francistown South MP, Mr Wynter Mmolotsi said workers’ rights were abused. He said the bill that was meant to disallow employees the right to strike was unfortunate because government would recognise their labouring as important.

He said he wondered what was at stake by including government media in the essential services category because in their execution of duties no life gets lost.

Selebi Phikwe West MP, Mr Dithapelo Keorapetse concurred that disallowing workers the right to strike was wrong and undemocratic. He said the right to strike should be enshrined in the constitution as in the ILO convention.

Mr Keorapetse said it was evident that the government was still reeling from the euphoria of the 2011 public sector strike and wanted to use its numerical strength to pass the bill.

The Trade Dispute Bill of 2015 was tabled by the Minister of Labour and Home Affairs, Mr Edwin Batshu and went for the second reading before the Parliament sitting on April 2016.

The bill, which will replace the Trade and Dispute Act of 2003, is intended to among other things, strengthen the dispute resolution process that will in turn minimise delays in the resolution of trade disputes. Furthermore, the bill seeks 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. ENDS