02 Dec 2019

 Parliament has deferred a motion tabled by Nata/Gweta Member of Parliament, Mr Polson Majaga which called for government to rescind the decision of government employees from partaking in business.

Responding to the motion, Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng highlighted that the decision to allow public officers to participate in private business was announced in 2014 as part of a package of reviewed conditions of service for public officers with a view to augment their income.

 The condition of service, he said, was introduced in good faith to allow public servants to generate extra income with the hope of promoting employment and creating a potential for business growth and job creation.

He said there was also expectations that the arrangement would also assist in curbing some negative behaviours that may have been caused by low pay and indebtedness by public servants.

“It should be noted that the decision on this condition of service was taken in consultation with public service trade unions as it is now a pre-existing condition of service hence it cannot be unilaterally withdrawn without public service trade unions consultations,” he said.

 He said the Trade Union and Employers Organisation Act and Trade Disputes Act enabled employees to form unions which could be recognised by employers, adding that employees were afforded a platform through which they could collectively bargain with the employer for such things as remuneration and other terms and conditions of services.

 Mr Morwaeng argued that government had recognition agreements with several public service unions who represented public service employees while the parliamentary statutory instruments made it mandatory for the employer  to at the very best, consult and even negotiate with public service unions on the conditions of service should it contemplate on withdrawing.

He highlighted that a tripartite structure consisting of Trade Union Federations, Business Botswana and Government was set up and charged with the task of reviewing labour laws. 

“This structure, which is known as the labour law review committee together with the technical assistance of the International Labour Organisation expert, is currently deliberating on the various pieces of labour legislation of which the Public Service Act is a part of,” he said.

 He dismissed the motion, saying it would circumvent and undermine the very laws that Parliament had passed that were designed to benefit workers hence give rise to potential litigation by trade unions seeking to protect their organisational rights which were granted by Parliament.

 He cautioned that the adoption of such a motion would have the potential to motivate employee organisations to report Botswana to the International Labour Organisation for violation of ILO conventions.  

Presenting the motion, Mr Majaga said it was suicidal for government to allow public employees to partake in business activities, saying they were conflicted.

He said when the decision was made, it was meant to cushion them from economic recession.

He said since the status of the economy has since changed, government should consult public trade unions to rescind the move.

He said allowing public servants to run businesses had contributed to corruption because they guarded their business interests and disadvantaged the electorates who were not privy to inside information involving government tenders.

“This has led to malpractice because public employees only care for their interests and no longer served diligently,” he stated.

He said Batswana were disadvantaged because those employees in local authorities given the responsibility to administer public tenders were enriching themselves and their folks.When contributing to the debate, Okavango MP, Mr Kenny Kapinga said the motion was important, but, questioned the genesis of the resolution to allow them to run businesses while still serving.

Mr Kapinga was of the view that running a business was a right, but said it was also a cause for concern if the employees ran businesses within their areas of jurisdiction.

The motion is deferred for further consultations and is to be re-tabled in the winter Parliament session. Ends