16 Aug 2020

The Assistant Minister for Presidential Affairs, Governance and Public Administration, Mr Dumezweni Mthimkhulu says the decision for both central and local government employees to venture into businesses cannot be withdrawn without Public Service Trade Unions being consulted. 

Mr Mthimkhulu was responding to a question that was asked by the Nata/Gweta MP, Mr Polson Majaga. 

He said it would not be proper for the government to unilaterally decide to rescind the decision to allow both central and local government employees to venture into business. 

He said such would evade and undermine the laws that were passed by the Parliament that were designed to benefit workers. 

Additionally, he said it would pre-empt and derail the work of Labor Law Review Committee and this would have the potential of motivating employee organizations to report the country to International Labor Organizations for violation of ILO Conventions. 

Mr Mthimkhulu also noted that the decision on the condition of services was taken in consultation with public services trade unions. 

He said government as the employer had recognition agreements with several public unions who represented public service employees.

 He indicated that whenever there were changes to be made to a condition of service which is a benefit to an employee the statutory instruments which were passed in Parliament had to be considered. 

He said that the statutory instruments were Trade dispute Act and the Public Service Act that made it mandatory for the employer being the government to consult and negotiate with public service unions on the withdrawal of this condition of service. 

Moreover, he said that prior to 2014, in terms of the General Order 39, Public Officers were allowed to engage in private business only with respect to agriculture and owning and developing land. 

Additionally, he said Directive No. 8 of 2014 reviewed conditions of the service for Public Officers, “Among other issues, General order 39 was reviewed to allow public service employees to engage in private business with prior approval of the relevant permanent secretary and there should be no conflict of interest either perceived or real,” he said. 

He said the directive was accompanied by guidelines to appointing authorities regulating how public officers could engage in the private business. 

On another note, Mr Mthimkhulu also noted that a tripartite structure consisting of Trade Unions Federation, Business Botswana and Government had been set up and charged with the task of reviewing labor laws. 

“The structure which is known as the Labor Law Review Committee together with and International Labor Organization expert is currently in the midst of deliberations on the various pieces of legislation, of which Public Service Act is one of them,” he said. 

Mr Mthimkhulu said one of the issues that were under discussion pertained to government employee engaging in private business, therefore it would be proper for the important structure to complete work without any hindrance. 

He further indicated that it held its last meeting in 2019 and it was about to complete its work. 

Meanwhile, Mr Mthimkhulu said the condition of the service was introduced in good faith to allow public servants to generate extra streams of income with the hope of promoting accountability, innovation and empowerment through the potential for business growth and job creation in the country. 

In addition, he said there were some expectations that it would also assist in curbing some negative behaviors that might have been increased by low pay and apparent indebtedness. 

Mr Majaga had asked the minister to consider rescinding the decision for both Central and Local Government employees to venture into business because the government had increased salaries, resulting in improvement in livelihoods of public servants as this gives rise to conflict of interest and the rise in corruption. Ends