The trouble with four percent
Isaiah Morewagae | Thursday April 24, 2014 12:38
The High Court Judge Michael Leburu has postponed the case to next week when he will make a determination on the ongoing legal battle between the Botswana Federation of Public Sector Unions (BOFEPUSU) and President Khama over averments regarding salary increments.
Lawyers representing Khama and Morupisi wanted the case struck off the roll, as it did not comply with the rules governing trade disputes. Attorney David Moloisi submitted before Leburu that as per the labour rules, unions should have applied for mediation or for arbitration.
“We urged the court to dismiss the matter because it does not comply with the laid procedures. The Trade Dispute Act stipulates that if there is a dispute, such matter shall be referred to a mediation and or arbitration,” Moloisi submitted.
He said the case should be dismissed because the unions failed to clearly state what they want from court. Moloisi said the orders as stated in the notice of motion are not competent enough hence flawed. Moloisi charged that Khama was exercising his administrative functions as the head of the public service.
Moloisi stated that President Khama has in no way involved himself in issues that are discussed at the bargaining council. “What the President was doing is just an administrative function as he found it imperative to increase the buying power of civil servants which has eroded over the years,” Moloisi said.
He said the President made it clear in his Kgotla meeting that the four percent increment does not in any way stop the bargaining council from fulfilling its functions.
BOFEPUSU wanted the court to stop Khama and Morupisi from making unilateral statements concerning government’s bargaining position pending an action for final relief declaring the respondents’ conduct unlawful. The federation was also seeking an order to restrain the two or any person acting under their instruction from making further distribution of the Directive No. 1 of 2014.
The federation argued that it is a requirement of the law that all bargaining parties enter dialogue in good faith. It avers that the President and the DPSM director acted in disregard of their duty to bargain in good faith and in violation of rules of conduct governing negotiations.
“The first respondent [Khama] has resorted to making it known what the government’s final position is in respect of the 2014/15 negotiations, before the bargaining parties could commence in earnest,” reads the BOFEPUSU application. BOFEPUSU averred that Khama indicated in public that the government will offer a maximum of only four percent salary increment and no more. “The first respondent has gone further to state that any attempt by the applicant trade unions will serve only to delay the inevitable and that any delay at reaching agreement (basically accepting the four percent offer) will be at the detriment of members of the applicant unions since the government will not make any retrospective payment of the salary increment,” stated BOFEPUSU papers.
It continued: “The above utterances by the first respondent were made inter alia at a Kgotla meeting in the village of Kachikau on March 26, 2014. Media reports of the same statements were subsequently aired on government radio station (RB1) and national television station (Btv) news.
The second respondent [Morupisi] has issued a public communication on ‘Salary Adjustment to Certain Public Officers’ in terms whereof the second respondent amongst others communicates the government’s proposal regarding the conditions of service for public servants which has been tabled for and is yet to be negotiated by the PSBC.” Attorney Mboki Chilisa and Joseph Akoonyatse represented the federation, while Moloisi appears with Dittah Molodi for the government.