Govt moves on unionist Motshegwa, again
Tsaone Basimanebotlhe | Tuesday May 12, 2015 15:41
Despite the High Court last year ordering the government and civil service affiliates to revisit, in good faith, the secondment of secretary-generals of affiliates of the Botswana Federation of Public Service Unions (BOFEPUSU), the Directorate of Public Service Management (DPSM) does not seem to be intending to renew their contracts. Instead, the onslaught seems to continue unabated.
On Wednesday, Motshegwe, the BOFEPUSU deputy secretary general, was slapped with a letter of misconduct by his employer, the Francistown City Council (FCC), alleging that he has been absent from duty without leave or reasonable excuse.
The letter dated May 05, 2015, signed by FCC Town Clerk Lebuile Israel, states that Motshegwa has been absent from duty from August 20, 2014 till to date.
It states that Motshegwa is facing two counts of absenteeism.
“You were wilfully disobedient of lawful or reasonable orders by the employer calling upon you to report for duty thus contravening section 27(3) (b) of Public Service act no.30 of 2008. In light of the above you are invited to a disciplinary hearing scheduled for13 May 2015, 0900 hours at civic centre,” Israel writes. Failing to attend the hearing, to be chaired by the chief human resources & administration, Robert Rabasimane, would not stop the proceedings, Israel warns.
This came as a shock to BOFEPUSU secretary general Tobokani Rari, suggesting that the move is intended to declare secondments of BOFEPUSU union member secretary-generals null and void.
“FCC knows where Motshegwa is. We can see that the government has targeted Motshegwa because he is vocal on workers issues. There is no case here. If DPSM or FCC has a problem with secondment arrangement then they should follow the procedure as required by the court. We had gone to court about this issue and there is a judgment to that effect,” Rari said.
The Botswana Land Boards, Local Authorities & Health Workers Union (BLLAHWU) acting president Disang Mokwape said they are still consulting their attorneys about the matter. “I had written to DPSM to renew our secretary general’s secondment. The council has no power to question the secondments, only DPSM can recall trade union secretary general. I strongly believe that government want to take organisational rights of trade unions,” Mokwape said.
The battle lines between government and unions heightened in 2011, when, following the three months strike by civil servants, the government pushed through Parliament, to classify teaching as an essential service.
The motion was viewed as a way of preventing teachers from striking in future.
With tensions boiling over, government also moved to seek to declare secondments of secretary generals of the BOFEPUSU affiliates null and void, citing the fact that in their trade union positions, they are fond of uttering political statements contrary to the Public Service Act.
This will not be the first time that unions will have to go to court to seek clarification on the matter. On the issue of secondment of Motshegwa, Botswana Teachers Union (BTU) secretary general and Rari were once slapped with termination letters of their secondment from DPSM.
The High Court ruled that the two parties should negotiate if the government wanted to change its position on the matter. Since the High Court case, the government has been mum about the issue but quietly ignoring letters of requests secondment. The case started from 2013 up to 2014.
Attempts by Mmegi to seek clarification on the matter from the DPSM director Ruth Maphorisa proved futile.