Debswana spy woes deepen
Innocent Selatlhwa | Tuesday June 21, 2022 06:00
Infotrac through its managing director, Mompoloki Motshidi claimed that it was owed for various deep undercover services provided to Debswana which included the alleged spying on the union and lobbying the likes of the late Linah Mohohlo and ex-spy chief, Isaac Kgosi to ensure that the late Albert Milton was appointed Debswana's managing director.
While the mining giant has made its intentions to appeal the Infotrac ruling known, miners through BMWU have made their plan to sue known.
“The union intends to notify Debswana management through its collective bargaining structures (JNCC) of its intention to sue Debswana for the violation of its members’ constitutional right to privacy and the impairment of their dignity; assert its personality rights under section 5 of the Data Protection Act by invoking the protection of the Data and Information Protection Commissioner. Apply as a friend of the Court (amicus) in the Debswana vs Infotrac appeal case,” reads a statement by BMWU secretary-general, Maenge Maenge.
He said the union held a high-level meeting with the Debswana executive committee team on June 14. Maenge said the objective of the meeting was to brief the union’s leadership on the position of the company, including its envisaged appeal against the court judgement.
“The union advised the company of the following issues: concerns over alleged maladministration and corruption by past Debswana senior management and union’s previous plea for the Infotrac matter to be settled out of court; forensic audit to be conducted on key company operational processes; procurement, tendering and recruitment; and confirmation of spying equipment where in the company’s operations, have been placed or mounted.”
The union believes that the court has essentially confirmed the violation of Debswana employees’ constitutional right to privacy.
“Privacy is a constitutionally protected right. It is not absolute; however, its limitation is subject to the law.
The collective agreement concluded between the union and Debswana, places an obligation on each party to respect the other’s right to privacy. This is to ensure harmonious industrial relations.
It is clear that the spying of workers was not pursuant to a court order, therefore Debswana’s conduct was wrongful. The company also failed to adduce evidence refuting Infotrac’s allegations. As the matter stands, the BMWU had a legitimate expectation to privacy, as a partner and collective bargaining agent of Debswana Diamond Company employees. The union, its officials, and members’ dignity have been seriously impaired by Debswana’s unsavory and voyeur-like behaviour. It is not clear how much data has been collected on the union by the company and for how long,” he stated.
The union reckons that the effects of the judgement are far-reaching at the global level.
“The ruling impugns the corporate governance of Debswana, right from the appointment of its board, executive management, contractors and especially the character and ethics of its leadership. Debswana Diamond Company is a state-owned enterprise, which trades in a commodity that is not only sensitive but contributes significantly to the economy of Botswana. The public has great interests in the dealings of this company. It is the beacon of the country’s hopes,” Maenge wrote.
“Transgressions of this nature have the potential to tarnish the image of our diamonds internationally and the effects can be catastrophic to our economy. Further, Botswana is the current chair of the Kimberley Process and it is currently lobbying to host its secretariat, all hopes to realise those ambitions will be greatly undermined by the outcome of this case.”