31 Jul 2016

The Minister of Labour and Home Affairs, Mr Edwin Batshu has objected to the proposed amendment by Francistown South MP, Mr Wynter Mmolotsi to remove certain cadres to be classified as essential services.

Clause 46 of the proposed Trade Disputes Act Bill 2015 has included some cadres as essential services such as diamond sorting, cutting and selling services, operational and maintenance services of the railways, veterinary services in the public service, teaching services, government broadcasting services and services necessary to the operation of any of the aforementioned cadres under essential services.

Mr Batshu said the aforementioned cadres should fall under essential services because the economy of the country depends on revenue generated from diamonds, cutting and selling services.

“Failure to get revenue from diamonds will not only negatively impact on the economy, but would also make it difficult for the country to meet its obligations in promoting health and safety of its people,” he said.

In relation to teaching services, he said education was key to the political, social and economic development of the country.

Minister Batshu said any disruption of services in the education system would impact negatively on students’ academic performance.

On veterinary services, he said Botswana was a beef country and that the sector was susceptible to diseases hence veterinary services were key to the effective control of diseases.

On government broadcasting services, Mr Batshu said it was the duty of the government to keep people informed at all times and that any disruption of services may result in misrepresentation, misinformation, propaganda, bad publicity and information blackout in the country.

He further said his ministry has consulted the labour advisory board that comprised independent members, government representatives from the ministries of trade and industry, presidential affairs and public administration, finance and development planning and from Business Botswana, trade unions as well as the membership of the labour advisory board at the time.

Mr Batshu said in the memorandum of the bill, the ministry made reference that anything that may be harmful to the economy of the country should be taken seriously, and said the sectors were informed of the government’s resolve to guard the country’s fragile economy.

“It is therefore a duty for this Parliament to pass this law or reject it, which is why we are here,” he said.

Mr Batshu further argued that the issue of definition of essential services was an opinion and that classification depended on what different countries look at in terms of securing their economies.

Mr Mmolotsi had proposed that an amendment be made to remove cadres such as teaching services, government broadcasting services, diamond sorting, cutting and selling services, operational and maintenance services of the railways, veterinary services in the public service and services necessary to the operation of the cadres under essential services. 

He said the idea to allow employees under such cadres to withdraw their labour was meant to have an effect on the economy so that government may take their grievances seriously, and argued that the proposed law was not affording them an opportunity to bargain better.

The MP for Serowe South, Dr Pelonomi Venson-Moitoi said the right to bargain remains a statutory right for all employees and explained that essential services employees would still be allowed to bargain through their respective trade unions.

Dr Venson-Moitoi highlighted that striking was allowed by the government, refuting claims that the bill was not meant to strap off workers rights.

Gaborone Central legislator, Dr Phenyo Butale concurred with Mr Mmolotsi’s proposed amendment to remove some cadres from essential services category, arguing  that the suggestion by the minister to include them contradicted international best practices and that Parliament should safeguard the democracy that prevails in the country.

“What we are doing here is further making the relationship between government and employees much more untenable. The minister should engage labour unions to come up with an amicable solution to the impasse between government and labour unions,” he said.

Dr Butale said the bill would have a negative effect on productivity, arguing that there was a difference between important and essential. 

He said the reason that there would be information blackouts if government media was not under essential services was not logical.

Dr Butale also said the effect of including services necessary to operations of cadres under essential services would turn the entire public service as essential services.

Francistown West MP, Mr Ignitious Moswaane said he supported the bill because the mentioned cadres were contributing immensely to the economy of the country.

He said sectors such as education and diamond industries were key to the economy of the country, hence employees under such services should not be allowed to withdraw their labour.

Mr Moswaane argued that legislators who  do not support the bill were merely looking at their self-seeking political interests and not looking at the bill holistically, as to how the withdrawal of labour may affect the economy of the country.

Gabane-Mmankgodi MP, Maj. Gen. Pius Mokgware concurred with other speakers that some services were not necessarily essential, but important, hence should be removed from essential services.

Maj. Gen. Mokgware also argued that the bill was not mentioning anything about the relationship between employees and their employers.

“The bargaining power should be respected and be encouraged by this House,” he said.

“Services necessary to the operation of any of the foregoing services such as garden boys, cleaners and guards; how do their services affect the economy?” he asked.

The MP for Gaborone North, Mr Haskins Nkaigwa said public servants were disgruntled due to their working conditions, and argued that Parliament should be discussing improvement of workers conditions rather than the bill.

He said he was against the clause which listed teachers as essential services, adding that the government should improve infrastructure in schools to make the working environment conducive for teachers.ENDS