BOPEU has betrayed the struggle
Correspondent | Thursday March 3, 2016 16:20
BOPEU president Andrew Motsamai’s unilateral decision to sue to disqualify BOFEPUSU from the Public Service Bargaining Council (PSBC) and from the acting jointly for admission into the PSBC membership with the majority trade union has brought catastrophe in Botswana labour relations. In fact it has brought catastrophic effect to the union members and to the movement. By way of notice of motion filed on February 5, 2016 with the Industrial Court, the applicant, herein referred to as BOPEU, sought urgent redress. Amongst the orders are:
2.2 declaring that the 5th Respondent (BOFEPUSU) is not entitled to be admitted into the membership of the 8th Respondent (PSBC).
2.3 declaring that only trade unions which are recognised by the government of Botswana, in its capacity as the employer, are entitled to be admitted into the membership of PSBC.
2.4 declaring that for the purpose of verification of whether or not a Trade Union Party to the PSBC, the 8th Respondent(PSBC) shall take into consideration the individual membership figures of BLLAWU, BOSETU, BTU and NALCGPWU and not as collective.
2.7 interdicting the 8th Respondent (PSBC) from proceeding with the 2016/2017 salary and conditions of service negotiations pending the conclusion of this matter.On February 22, 2016, the Industrial Court came to a conclusion that, BOPEU is entitled to the relief it sought in terms of the notice of motion filed and as a result, Judge President Tebogo Maruping issued an interim order or interdict pending its return day set for March 7, 2016. The effect of such an order of court is that; PSBC will not proceed with the 2016/2017 salary and conditions of service negotiations pending the conclusion of this matter and until such time that the General Secretary fully comply with the set procedure for admission of Trade Unions into the membership of PSBC, as individual and on a joint collective agreement under one acronym.
The firm position of BOPEU which Industrial Court has concurred with is that, PSBC is obliged by law to act fairly and I must add that, and reasonably and conduct itself in the manner prescribed under both the Public Service Act and the Constitution of PSBC. For a trade union to be entitled to and to be admitted into the membership of PSBC, it must have 28,780 membership (1/3) threshold requirement determined by the council.
It is clear from the court documents that; following verification of membership figures of trade unions by the General Secretary of PSBC, BOPEU has 26,394 membership against a threshold requirement and as a result it is disqualified altogether. Only manual workers qualify at PSBC
Quite interesting, as of now, the only trade union which is in majority and meet the required 1/3 threshold for admission into the membership of PSBC is NALCGPWU with 29,471. The rest fall below the required threshold: BOPEU with 26,394, BTU 9,662, BLLAHWU 7,839 and BOSETU is at 6,426.
Based on the verified individual union membership as confirmed by General Secretary; NALCGPWU as a recognised trade at the workplace in terms of section 57.(1) and representing at least 1/3 of unionised public servants, is in a better position to renew its application for membership into PSBC and then comply fully with the provisions of Article 6 and Article 7.1 of PSBC Constitution. This permits for the establishment of acting jointly arrangement with the recognised and registered sister unions (BOSETU, BTU, BLLAHWU) in order to continue with the 2016/2017 salary and conditions of service negotiations with the exclusion of its rivalry BOPEU and associates. Mo gowa dira o a bo a di ikgoela.
BOPEU disqualified from PSBC
The relief sought by BOPEU at 2.3, 2.4 and 2.7 respectively has caused some irreparable damages to the union of choice. In fact the interim order did not spare BOPEU. It has disqualified the Applicant from the bargaining council and this has come as a shock to union members. BOPEU cannot even be admitted on acting joint basis with Botswana Nurse Union (BONU, Botswana Government Workers Union (BOGOWU) and Trainers and Allied Workers Union (TAWU) under the auspices of Botlhe bargaining forum as its president may have hoped in the letter dated January 6, 2016. This will be against the spirit, purpose and intend of the proviso which it has advanced in pursued as relief sought for redress, unless and until the union first comply with the law and in particular with Article 7.3 of PSBC Constitution.
I assume BOPEU was caught off guard by disqualifying itself (BOPEU) from being a member of the bargaining council on a point of law or point of procedure and by disintegrating from acting jointly with other sister unions cited in their court papers as first, second, third and fourth Respondents under the auspices of BOFEPUSU as per the agreement on which it was previously admitted on to the PSBC and which for over 4 years it considered lawful. Motsamai has, owing to his union mandate as enshrined in its constitution to sufficiently represent its members’ interest at all times, found it proper not to be part of the proceedings of the 2016/2017 salary and conditions of service negotiations and purely on the basis of his personal agenda and personal differences with BOFEPUSU leadership. It is a shame for a leader and founding father of BOFEPUSU to betray the struggle, betray his own members. There will be no salary adjustment, no improved conditions of service and no salary increments for them negotiated through a duly constituted structure (PSBC).
Motsamai’s secret deals
As previously stated, the president of BOPEU has developed an attitude and tendency of taking unilateral decisions, which have the potential of dividing the workers in the public service, under the pretext that he has the power and authority to act as he pleases. The decision taken to approach court and interdict the entire proceedings of the PSBC is personal and it has ulterior motives. Its intent was not for the benefit of BOPEU members or the workers, but rather was in pursuit of union president’s political ambitions following his courtesy call on the Office of the President on March 23, 2015, where certain resolutions were made.
During the meeting as mentioned above which Motsamai is put in strict proof to deny, it was resolved:
l That the union comes up with the terms of reference for consultancy to look into the review of Public Service conditions of service.
l That the union comes up with a draft contractual agreement with respect to salary negotiations and that the same is in line with the prevailing economic conditions.
l That BOPEU come up with a housing strategy.
These are the resolutions that BOPEU president is currently implementing through his litigations against other sister unions and the council as he prefers consultation with the employer outside the bargaining structures.
It is really a source of concern for a union which claims to be a union of choice for the entire Public Service Employees to be suppressing the International Labour Organization Conventions which guarantee public employees the right to organise and to unionise and to collectively bargain with the employer. There is need for the working class to introspect and speak with one solid voice, BOPEU has divorced its legal duty of being the mouthpiece of the workers and it does not have the aspirations and interests of members at heart, the interests of which is to ensure that workers’ terms and conditions of service are improved.
BOFEPUSU emerged victorious
BOPEU did not dispute in their court papers that; Article 7.1 of the PSBC Constitution permits the establishment of an acting jointly arrangement. However, the union contended that, BOFEPUSU is not recognised by government (employer) at the workplace level as a trade union, instead the applicant (BOPEU) admitted that BOFEPUSU is a recognised federation of trade unions made up of autonomous trade unions, in the same way that BFTU is set up and court has agreed with the applicant on that point.
If the interpretation by BOPEU is correct and as court has concurred with, there is no dispute of facts that BOFEPUSU has acquired status and recognition of being the second national federation by international standard, which BOPEU has been denying. These new developments give the federation absolute right to fully participate in national and international forums such as International Labour Organization (ILO) conference and the tripartite structures with government without necessarily going through the auspices of BFTU, which BOPEU is its affiliate member.
BOFEPUSU remains an indispensable institution, which has the capacity and competencies to liberalise the working class (public employees) from oppression and slavery of BOPEU President, hence urge workers to rally behind the federation leadership.PS:
These are personal views and comments of the author and are not of any union, federation or Institution with which he may be a member with good standing.
*Oaitse Patle is a reformist unionist based in Gaborone City. E-mail: opatle@gov.bw