BLLAHWU denied right to deduct members� dues- Motshegwa
Oarabile Mosikare | Tuesday May 26, 2015 16:47
In his affidavit, Motshegwa said for the purposes of collecting subscriptions levies and other union dues, the government, in 2005 extended to them the use of deduction codes, which enabled the union to collect subscriptions dues and levies directly from members’ salaries.
Justice Dr Zein Kebonang postponed to June 9 an urgent application by BLLAHWU after the Accountant General stopped facilitation of deduction of loan repayments of union members.
The respondents are the Accountant General, the Directorate of Public Service Management (DPSM) and the Attorney General.
In his affidavit, Motshegwa said: “The use of the deduction code to collect loan repayments, subscriptions and other dues is one of the rights to which the applicant succeeded.”
He said on December 10, 2014, the officers of BLLAHWU were sent to the Ministry of Finance and Development Planning to deliver the disc containing the names of the applicant’s members for deductions in respect of the month of December as is customary.
They were informed that the applicant’s deduction code in respect of loans was no longer being serviced.
“There were no reasons given for the stoppage.”
He said at the end of February 2015, the Accountant General and the DPSM restored the deduction code of the applicant, albeit not fully.
“The first respondent deducted for some members of the applicant who are employed by the second respondent in the Ministry of Health, but not for the rest of the members.”
He said at the end of February 2015, the Accountant General and the DPSM restored the deduction code of the applicant, albeit not fully.
“The first respondent deducted for some members of the applicant who are employed by the second respondent in the Ministry of Health, but not for the rest of the members.”
Motshegwa said BLLAHWU was called to a meeting by DPSM on May 6, 2015, which was chaired by one Jacob Nkala.
“Mr Nkala indicated that second respondent had received a letter from the first respondent dated 24th April 2015, which stated that the first respondent would not restore the applicant’s deduction code.”
The decision taken by the respondents are a breach of the applicant’s recognition agreement with the second respondent.
“The right to loan repayments directly from union members’ salaries, through the use of a loan deduction code, is an organisational right, which the applicant has enjoyed for several years.
“This organisational right is entrenched in the applicant’s recognition agreement.”
`He also wrote that the union was never given a hearing by the Accountant General and the DPSM prior to the decision being taken.
Further, he said the decision was unfairly discriminatory and therefore grossly unreasonable.
“I have investigated the matter insofar as other recognised public sector unions are concerned. As far as I know the non-deduction communicated by the letter of 24th April 2015 only affects the applicant.
“I can only conclude that the non-deduction is aimed at giving other public sector unions an unfair advantage over the applicant.
“To make matters worse, Botswana Government Workers Union (BOGOWU), a trade union whose recognition was set aside by the High Court under High Court case number MAHGB-00233/2009 on 11 May 2015, enjoys a deduction code in favour of Get Bucks, a moneylender.
“Similar checks- off facilities in favour of other legal entities are provided without any hindrance,” said Motshegwa.
Citing why he wanted the matter to be heard urgently, the union boss said the substantial redress is not available in due course because the applicant cannot function without subscriptions from its members.
Attorney Tshiamo Rantao represents BLLAHWU.