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Six unions accuse Manual Workers of PSBC 'meddling'

Manual Workers PIC: MORERI SEJAKGOMO
 
Manual Workers PIC: MORERI SEJAKGOMO

These unions, often acting in a coalition of 'five-plus-one' to represent public service workers, are the Botswana Teachers Union, Botswana Public Employees Union, Botswana Sectors of Educators Trade Union, Botswana Land Board and Local Authorities and Health Workers Union, Botswana Nurses Union, and Botswana Doctors Union.

The unions raised legal points in court on Monday, arguing that Manual Workers, officially known as the National Amalgamated Local and Government Central and Parastatal Workers Union, has no locus standi to compel the PSBC to comply with its constitution as it is not yet an admitted member of the council.

'The suggestion that a registered trade union which has participated in the formulation of the Constitution has automatic locus standi to enforce compliance to the Constitution, when such union is not an admitted member, is legally untenable,' the unions state in the heads of argument.

Through their attorney, Kago Mokotedi, the unions argue that the PSBC constitution only binds admitted members to the council, and no one else.

'The same goes to the resolutions taken by the council. It cannot be argued that once the council is operational, its resolutions will bind trade unions which are non-members simply because such trade unions participated in the formulation of the PSBC constitution. The Court of Appeal decision is clear that resolutions of the council only bind admitted members of the council, and not all trade unions,' they further argue.

Additionally, the unions argued that the PSBC is a voluntary association and membership to the council is purely voluntary. They said membership to the PSBC is limited to government as the employer party and trade unions that meet the threshold for admission in terms of the constitution of the PSBC.

'We submit that there is nothing that prevents the employer party and the trade union party to meeting and appointing an interim secretary of the PSBC for purposes of the operationalisation of the PSBC. The PSBC can never operate without a secretary being in the office. It is therefore absurd to argue that the council must appoint a secretary when the council requires the very secretary in order to convene for its first meeting,' the union argues.

Ruling in the urgent matter has been set for February 18.