Five+1 unions to sue gov’t over 2% intra-grade differential
Goitsemodimo Kaelo | Monday November 24, 2025 08:59
The 2% intragrade differential was one of the contentious issues during the 2025/2026 salaries and conditions of service negotiations, forcing the unions to remove the item from the agenda and pursue legal recourse instead.
According to the unions, the government had previously appointed salary review commissions, namely The Steenkamp Salaries Review Commission, Tsa-Badiri Consultancy Review of Salaries and conditions of service of public officers, The DeVilliers Commission and The Ibrahim Salaries Review Commission.
These commissions recommended the continuation of the implementation of a 2% intra-grade differential across public service salary grades and the maintenance of inter-grade differentials.
The unions, through lawyers, Monthe Marumo, argue that government adopted these recommendations through the Public Service Management Directive No 18 of 1998.
It as follows: 'The current 2.1% differential between notches should continue to be applied until the government puts in place a performance-based remuneration system. The latter system should continue to use salary scales, as is currently the case.'
Additionally, there is also the Public Service Management Directive N0.11 of 2003 read as follows: 'Option 1 Phase 1, which is the revised pay structure as amended by introducing the following inter-grade differentials: 24% from grades 81to 04,15% from grades 04 to E2 and 14% for grades E2 and above, the implemented-on 1'1April 2004.'
The unions say subsequently, Directive No. 1 of 2008 by the Directorate of Public Service Management (DPSM) which followed, maintained that position as follows: 'The intra-grade differential of 2% as maintained by government across notches has been found to be acceptable as an alternative to using performance-based pay and broad banding which can only be done once performance-based reviews have been cemented within the public sector.'
The unions say despite the formal adoption of the directives, they have not been fully and/or consistently implemented to date.
'In or around 2023, the DPSM implemented a salary adjustment by introducing a minimum salary of P2500.00 for the A3 scale. This adjustment, together with the 5% across-the-board salary increases effected for the financial years 2022/2023, 2023/2024, and 2024/2025, disrupted the established salary structure and undermined the 2% intra-grade and inter-grade differentials mandated by previous Directives,' read the notice.
The unions further state that following the said adjustments, no corresponding upward revisions were made to the upper salary grades (A2 to D1).
They argue that this omission led to a salary overlap between grades A3 and A2, resulting in the anomalous situation where officers on the lower A3 grade were remunerated at a level equal to or higher than their superiors on the A2 grade.
This is contrary to the hierarchical integrity of the grading system and in breach of the government's own binding directives.
'During the2025/2026 collective bargaining session between our clients and the DPSM, the government expressly acknowledged that Public Service Management Directive No. 1 of 2008 created enforceable rights for public officers in respect of the intra-grade differential,' the notice further reads.
'Further, on June 30, 2025, the DPSM entered into a Collective Labour Agreement with the Botswana Land Boards & Local Authorities Health Workers Union, wherein the government conceded and confirmed that Directive No.1 of 2008 created a binding entitlement for public officers to be remunerated in accordance with the 2% intra-grade differential'.
They say that notwithstanding these acknowledgements and undertakings, the government has failed, refused, and/or neglected to give full effect to the lawful directives and collective agreements, thereby unlawfully withholding remuneration that is due and owing to public officers in accordance with the established pay structure and statutory obligations.
The unions have served a 30-day notice to the employer signalling their intent to institute proceedings in terms of Section 4 of the State proceedings Act.
According to the notice, the unions are seeking a declaration that the Directorate of Public Service Management (DPSM)/government's failure to maintain and/or implement the intra-grade and inter-grade differential in linewith Public Service Management Directives constitutes a breach of its statutory and contractual obligations owed to public officers.
They are also seeking a declaration that the salary overlaps between grades A3 and A2, and the failure to make corresponding adjustments to upper grades (A2-D1), is a breach of contract by the DPSM.
Therefore, they seek an order directing DPSM and/or government to give effect to the terms, spirit and intent of the Directives.
They want an order declaring that the failure and or refusal to carry out and or effectuate the terms of paragraph 5 to 8 above constituted an abdication of responsibility by the officials of DPSM and/or a deliberate and a calculated move to frustrate the affected public officials.
The unions want an order directing the Director - DPSM and or the government within 60 days from the date of this order, to review and adjust all affected salary scales to remove the existing overlap and/or compression between salary grades A3 andA2;
They want the employer directed that within 60 days from the date of the order, to rectify the current salary structure by restoring the inter-grade and intra-grade differential across all grades, including retrospective adjustments where applicable.
In addition, are asking for an order compelling the Director -DPSM to make good all arrear salary payments due to affected public officers arising from the failure to maintain the intra-grade and inter-grade differential, together with interest thereon at the prescribed rate from the dates the payments fell due until full and final payment.