05 Jun 2018

Government intends to review labour laws in order to fill the gaps in the  pieces of legislation, incorporate the various decisions of the courts and to make the laws compliant with the International Labour Organisation (ILO) conventions ratified by Botswana.

Minister of Employment, Labour Productivity and Skills Development, Mr Tshenolo Mabeo said in an interview from Geneva that the review would focus on the Employment Act, the Trade Unions and Employers Organisations Act.

He said the review would be extended to other laws to the extent necessary so as to ensure harmonisation and consistency.

“Such laws include the Public Service Act No. 30 of 2008 and the Trade Disputes Act No. 6 of 2016,” he said.

To this end, Mr Mabeo said government and other social partners agreed to establish a Labour Law Review Committee consisting of members from government, employers and workers to spearhead the process.

He said government and social partners also developed a time-bound action plan and it is envisaged that the amendment bills would be submitted to the 2018 November Parliament.

Furthermore, he said government and social partners agreed to engage an expert to assist in the review process.

Mr Mabeo said tripartite partners developed the terms of reference that have been communicated to the ILO decent work team for Eastern and Southern Africa.

“It is important to note that during government’s engagement with the representatives of employers and workers, it became clear that the amendment of the Trade Disputes Act, particularly with a view to reviewing the list of essential services, was of critical importance to workers,” he said.

Mr Mabeo further said  since ILO had called for the amendment of the act, government deemed it necessary to revisit the list of essential services hence the trade disputes and public service acts would also be reviewed.

The minister’s remarks follow some developments at the ongoing 107th Session of the ILO Conference where Botswana had to answer for non-compliance to the Convention No. 87 on the Freedom of Association and Protection of the Right to Organise.

Botswana has been in the limelight following the amendment of the Trade Dispute Act that, among others, increased the number of cadres that form part of the essential services.

These include diamond sorting, cutting and selling services, government teaching services, the veterinary services in the public service, immigration, the Botswana Unified Revenue Services, government broadcasting services and the fuel haulage services. ENDS