DIS officers demand compensation for gruelling hours
Mpho Mokwape | Monday September 22, 2025 10:33
The dispute centres on the interpretation of regulations that govern how workers are paid for extra hours, the officers are complaining of gruelling hours without adequate compensation.
Mohlouoa Motseko, leading 143 officers, has taken a firm stance against the government’s claim that the officers are not entitled to overtime pay for shift workers.
The workers and the employer are expected to head to court on Monday as the agents argue that they work through shifts and have been denied shift allowance despite a 2000 Directive that was issued confirming their entitlement to it.
In an affidavit filed before the High Court in Gaborone, Motseko insists that the law clearly supports employees receiving both shift allowances and overtime pay, a point contested by the government representing DIS.
Motseko’s argument hinges on the Public Service Regulations of 2010, which, he says, explicitly allow shift workers to earn overtime pay.
“This clearly counters earlier directives that suggest employees must choose between shift and overtime allowances. The law cannot be superseded by directives, especially when they contradict the regulations,” he argues.
Adding more evidence to the officers’ case, Motseko attached a payslip showing a colleague receiving both payments, reinforcing the claim that simultaneous allowances are possible and lawful.
He also highlighted the changes in shift lengths over the years from 8 hours to 12 hours, pointing out that workers have met the necessary conditions for overtime compensation under current rules.
“The matter isn’t just about money. It touches on fairness and respect for legal rights in Botswana’s public service. Despite working on shift allowance, we have not been paid shift allowance, and that is a breach of the Public Service Regulations,” he said.
Motseko has explained that, in terms of Regulation 9 (5) of the Public Service Regulations, each shift duty shall attract an inconvenience allowance commonly known as ‘shift allowance’ at a rate agreed by the collective agreement.
He stated that the applicable rate in government, as agreed upon in collective agreements, was 15% of one's basic salary and that, despite this, and working on shifts, they had not been paid a shift allowance.
Consequently, he maintained that the government is in breach of the aforesaid regulation on shift allowance, Matseko. Further, he pointed out that they work on shifts as follows: From 2010 until 2021, their shift times were from 6am to 2pm, then 2pm to 10pm and 10pm to 6am.
'The shifts were changed from 2021 to date and the shift times changed from 6am to 6pm and 6pm hours to 6am. We were never paid the allowance'.
As such, Matseko said they are seeking orders as per their notice of motion, among others, an order declaring that the respondent is violating Regulation 9 (5) of the Public Service Regulations by not paying them a shift allowance, and an order declaring that they are entitled to a shift allowance as per Regulation 9 (5) of the Public Service Regulations.
Furthermore, they seek the court to order and direct that the respondent forthwith pay them shift allowance from the date they respectively worked on shifts at the rate of 15% of their basic salary, costs of suit, and alternative relief.
Meanwhile, the DIS, on the other hand, denies any breach of public service regulations and argues that the agents are not entitled to any shift allowance. According to DIS Director Corporate Services, Tsoebebe Mokhosoa, he found nothing in the agents' claim that suggests they are entitled to a shift allowance.
“The applicants’ claim is founded on the provisions of Public Service Management Directive No.14 of 2000, which sought to clear any confusion regarding the provisions of Public Service Management Directive No.10 of 1999 on shift allowance,” he said.
Mokhosoa explained that in terms of the clarification, shift allowance is paid to officers who are in cadres that are not already covered by the 15% or P250 per month overtime allowance dispensation (committed overtime). He emphasised that the allowance is only paid to officers who meet the following requirements and that the officer should be working on a shift schedule of not less than eight hours per day.
“The officer should not be receiving any other form of compensation for the overtime worked, and this allowance is paid for the overtime worked; and therefore, it shall not apply when an officer is away on maternity leave or study leave,” he said.
Mokhosoa said in this case, the agents are paid a commuted overtime allowance at the rate of 20% of their basic salary per month, and that it was above the standard 15% or P250 dispensations prevailing over the rest of the Public Service.
He noted that, consequently, the agents are disqualified from claiming shift allowance as per the provisions of the Public Service Management Directive No.14 of 2000.
Mokhosoa denied any breach, saying there is no collective agreement in the matter between the parties.