08 Aug 2021

Parliament has adopted a motion requesting government to consider establishing ministry-specific processes for the negotiation, settlement and/or litigation of civil claims for and against government. 

The motion was tabled by specially elected MP, Dr Unity Dow.  Presenting the motion, Dr Dow said it was motivated by rising litigations between government and Batswana. She argued that many Batswana lost cases against government either because they dragged for too long and gave up along the way or legal fees were beyond their reach. 

In addition, she observed that secondment of mediation officers to ministries would ensure speedy arbitration of cases. 

In that regard, Dr Dow requested government to set up a panel of people in each ministry to handle civil matters, noting that appealing a matter against government  had proved difficult. 

She further reckoned that panels would be less costly in handling disputes. She said mediation and settlement would result in speedy resolution of cases. 

Debating in support of the motion, Mochudi West MP, Mr Mmusi Kgafela stated that Batswana were losing huge sums of money on cases that could have been resolved amicably within ministries.

 Mr Kgafela said centre-specific processes would be helpful in minimising cases that went before courts and that the panel would advise as to which cases could be escalated to courts. 

Consequently, he suggested that the Attorney General should second officers to ministries with proper guidelines on how to mediate disputes as most cases dealt were civil litigations. 

Minister of Justice, Defence and Security, Mr Kagiso Mmusi, who is also Gabane-Mmankgodi MP, said the Attorney General was in the process of assigning legal personnel to ministries to advice on civil matters. 

Mr Mmusi supported the idea of ministry-specific processes for the negotiation, settlement and/or litigation of civil claims for and against government. 

He also stated that such services would be extended to districts to guide the litigation processes and speed up cases. 

Palapye MP, Mr Onneetse Ramogapi also supported the motion, but stated that it would be ideal to have an independent panel that dealt with litigations, adding that court processes were too expensive for Batswana. 

Thamaga-Kumakwane MP, Mr Palelo Motaosane also supported the motion stating that constituency offices were overwhelmed by litigation against government. 

Mr Motaosane said courts were no longer handy for Batswana who were financially challenged because of steep legal fees. 

He said the Industrial Court was also overwhelmed by litigation cases especially those involving security companies. 

The Office of the Ombudsman was equally challenged to deal with such lawsuits, he added. 

MP for Shashe West, Mr Fidelis Molao stated that the motion came at the right time because many Batswana were deprived of their right to stand for what they believed was due to them. 

He said the motion could improve industrial relation and conflict resolution in government departments before matters could be escalated to courts. 

Mr Molao reasoned that the country was overwhelmed with matters that could have been easily resolved amicably without involving courts. Furthermore, he said the idea would improve government processes and minimise litigation costs for Batswana. 

However, Mr Molao regretted that in most ministries or departments there was inadequate staff providing legal services hence a backlog of cases. 

MP for Lentsweletau-Mmopane, Ms Nnaniki Makwinja said it was important to rationalise and restructure the public service and put in place professional technocrats with employee relations skills who could also deal with grievances in a professional manner. 

Ms Makwinja expressed concern that retirees received their pensions after a long time because of maladministration and delays due to lack of professionalism. 

She reckoned that lawyers should be the last resort as most cases were administrative, but were only prolonged by ineffective bureaucrats. 

“We should strive for creation of conducive workforce that allows for competition and develop a robust service delivery across all sectors of government and private sector,” she stated. 

Mahalapye West MP, Mr David Tshere expressed reservations about the motion and wondered where the panel would derive power because there was no legal provision for the rules of engagement. 

Mr Tshere said courts had always prevailed in presiding over litigations and that people who were appointed would potentially owe their loyalty to the employer, which he argued would lead to unfair judgement. 

He said he doubted the independence of the panel but stated that the motion would only be helpful in so far as arbitration of dispute was concerned. 

Francistown East MP, Mr Buti Billy said it was important to have structures in place within departments to deal with litigation matters and proposed for adjudication guidelines for the panel. 

Molepolole South MP, Mr Kabo Morwaeng said the motion was aimed at minimising litigation cases and it augured well with the Setswana saying that ‘Ntwa Kgolo ke ya Molomo’. “This would minimise costs for government and Batswana,” stated Mr Morwaeng, adding the motion would improve service delivery. 

Mmadinare MP, Mr Molebatsi Molebatsi supported the motion saying arbitration was important for speedy delivery of justice. 

He also said globally there were systems and institutions that encouraged amicable settlement of disputes. 

Mr Molebatsi said amicable settlement of disputes would reduce costs and was in line with international standards.

Ngami MP, Caterpillar Hikuama commented that the country did not have laws that favoured employees. He said there should be a grievance law to cater for all employees even those that did not work for government. 

As such, he opposed the motion saying it would only serve those who worked for government. 

Responding to MPs comments, Dr Dow said she was happy that most MPs agreed to the motion. 

She said the motion was aimed at dealing with inefficiencies due to lack of processes for the negotiation, settlement and/or litigation of civil claims for and against the government especially in a country that believed in the rule of law and good governance. ends