The Bill moves beyond traditional employment structures to offer expanded parental entitlements, including paternity and adoption leave and creates a legal safety net for casual and part-time workers. 

With focus on eradicating workplace harassment and formalising collective bargaining through new sectoral councils, the legislation represents a fundamental shift toward a more equitable and modern workplace. 

Presenting the Bill to Parliament recently, Minister for State President, Defence and Security, Mr Moeti Mohwasa, explained that the Bill aimed to repeal and re-enact the current Public Service Act (Cap. 26:01).

Minister said the primary objective was to align it with labour laws and international standards and ensure that the public service was consistent with current employment and labour laws, international labour conventions and global best practices. 

According to the Memorandum accompanying the Bill, he said the objectives would be achieved through a comprehensive overhaul structured in 19 parts. Mr Mohwasa said the proposed legislation introduced several progressive measures, including new leave entitlements such as adoption leave, commissioning parental leave and paternity leave to align with the Employment and Labour Relations Act and ILO standards. 

He noted that it also provided stronger safeguards for pregnant and nursing mothers, including prohibitions on serving termination notices during maternity leave and the right to time off to nurse a child. 

In addition, Mr Mohwasa said the Bill introduced fairer employment contracts, noting that casual workers averaging more than 22½ hours per week over 12 months would automatically be deemed employed on indefinite terms, while part-time and fixed-term contracts must not offer conditions less favourable than those of permanent staff. 

He further stated that employers would be required to promote equality and take active steps to prevent discrimination, violence and harassment in the workplace, adding that the legislation set out clear rules on ordinary working hours, rest periods, overtime payment and emergency work. 

He said the reform included updated provisions for dispute resolution and collective bargaining, such as the establishment of a Public Service Bargaining Council, sectoral bargaining councils, union recognition procedures and good-faith bargaining obligations. 

He said rules governing lawful strikes and lockouts were also included, alongside protections for essential services, together with revised disciplinary and termination procedures covering unfair dismissal, misconduct and operational requirements such as retrenchment. 

Mr Mohwasa further told Parliament that the Bill sought to modernise the structure and administration of the public service, clarify the roles and duties of the Permanent Secretary to the President, permanent secretaries and director general of the Directorate of Public Service Management (DPSM) as well as strengthen human resource management standards. 

He described the Bill as a comprehensive reform aimed at creating a more professional, rights-based and efficient public service that met both local needs and international obligations. 

The minister emphasised that the development presented by the Bill was the first major overhaul of public service legislation in over two decades and was being closely watched by public officers, trade unions and civil society organisations across Botswana. ENDS