Parliament rejects statutory instrument motion
24 Nov 2019
Parliament has rejected a motion by Selebi Phikwe West MP, Mr Dithapelo Keorapetse that called on the government to review the Statutory Instrument No: 106 of 2019, which lists positions for which foreigners could be employed.
The motion, which was voted for by 15 MPs while 35 MPs were against, sought to persuade government to review its decision to permit Khoemacau Mining Company (PTY) LTD to employ expatriate staff in positions listed in the Statutory Instrument No. 106 of 2019 Immigration Act (CAP. 25.02)
The Statutory Instrument in question among others includes positions in engineering and artisan as reserved for foreigners.
When presenting the motion on Friday, MP Keorapetse argued that hiring expatriates should not be allowed in a country that had been involved in mining for nearly half a century.
He argued that the country had a pool of human resource skilled in mining at University of Botswana, Botswana Internationa Univesirty of Sscience and Technology and some technical colleges.
“We have Batswana holding certificates, diplomas, undergraduate and post-graduate degrees-MSc and PhDs in mining-related disciplines.
Why do we have so much self-doubt on our people to the point where the government legislates on allowing a mining company to hire foreign labour in about 90 positions,” he stated
He further contended that there was no need to have many aliens at Khoemacau because there were many skilled Batswana in the fields articulated in Instrument 106 of 2019.
He said both BCL and Khoemacau were base metal industries and had a lot in common in respect of mining methods and ore processing methods.
Furthermore, Mr Keorapetse submitted that Khoemacau mining project was said to be worth P4 billion, that was expected to create an average of 1 663 jobs per annum and was estimated to likely bring P10 billion, including about P700 million tax, into the economy within its operational life of between 2021-2042.
“These figures presupposes a better life for Batswana in that many will get jobs and provide for themselves and their families.
It is more good news for those who lost their jobs at mines such as BCL, Tati Nickel, Lerala and Ghagoo to name but a few that closed,” he said
Meanwhile the Minister of Nationality, Immigration and Gender Affairs, Ms Annah Mokgethi said Khoemacau Mine was a highly mechanised operation and that at the time when the mine submitted a request to the ministry, there was no mining contractor on board and only an inventory of skills that are usually needed for a mechanised mine to operate was submitted.
Ms Mokgethi said the mine had since engaged a contractor BAMINCO - an underground mining services company to conduct an assessment during which it was discovered that about 25 per cent of the positions that had been exempted did not necessarily have to be exempted.
She said that the ministry was in consultations with Khoemacau Mine aimed at reviewing all the exempted positions of the mine and that an Human Resource agreement had been signed which guided the recruitment of expatriates.
“Notwithstanding, the fact that exempted positions are not ordinarily advertised, the mine has already advertised some of the positions in search of the skills available in the local market,” she said.
When debating the motion, Leader of the House, Mr Slumber Tsogwane said the motion was important adding that at the time the mine was set up, it might have not been acquainted as to which skills were available in the local market.
He said if the process to review was to still take place, there was no need worry nor to debate the instrument in question.
Specially elected MP, Dr Unity Dow said both the mover of the motion and Parliament should accept that there was the necessity to review the statutory instrument and that the review was in process.
In this regard, she argued that the minister should commit to reporting to Parliament in the next sitting as to how far the review process was, adding that the motion was redundant because the review process was underway.
Dr Dow said it should not seem like at the time the motion was brought before Parliament, nothing was being done.
Francistown South MP, Mr Wynter Mmolotsi asked why Parliament was not passing the motion if at all both the mover and the responding minister were pointing in one direction,
“What is the point not to agree with the motion,” he asked.
Supporting the motion, Okavango MP, Mr Kenny Kapinga argued that it was worrisome that specific legislation was made to address a particular company.
He said questions arise as to whether the parent act was not worded enough to give the necessary authority to the minister or officials to address the situation that was facing Khoemacau.
Maun East MP, Mr Goretetse Kekgonegile said he wondered as to when Parliament could expect finalisation of the review.
He also wondered as to whether the minister would update the house about review findings of Khoemacau, owing to the fact that the mine would still be in the process of employing.
“What redress would the minister put in place so that Batswana who are not employed could get these jobs,” he asked.
Good Hope/Mabule MP, Mr Eric Molale said the motion was redundant because work was already ongoing with regard to what was requested for.
He said it would have been wise for the MP to put the motion in a form of a question as that was subsidiary legislation which time and again should be reviewed. ENDS
Source : BOPA
Author : Mmoniemang Motsamai
Location : GABORONE
Event : parliamentary session
Date : 24 Nov 2019




