BOFEPUSU wants consultation with Batshu
Oarabile Mosikare | Thursday April 7, 2016 15:09
The federation wants minister Edwin Batshu to consult them. In the writ of summons filed by attorney Nelson Ramaotwana last Friday, the federation says Batshu failed to consult BOFEPUSU on the then envisaged draft amendment of the Trade Dispute Bill. “The aforesaid draft which was circulated and presented to Labour advisory Board excluded Teaching Services, Government Broadcasting Services and Immigration and Customs Services.
“On or about the 22nd June 2015, the Minister gazetted in the Government Extra-Ordinary Gazette, the Trade Dispute Bill No. 12 of 2015 without consulting Botswana Federation of Public Sector Unions,” says Ramaotwana. He says the plaintiff is of the opinion that any members of the Labour Advisory Board did not adequately represent the interests of their members that are affected by sections 46 and 47 of the bill. BOFEPUSU represents about 76,000 public service employees.
The lawyer says in breach of the principle of natural justice Batshu has failed, refused and/or neglected to consult the plaintiff in connection with the bill.
In the premises, the defendant has infringed the rights of the plaintiff’s members to be heard prior to the gazetting of the bill. BOFEPUSU prays for the order compelling Batshu to hold a consultative meeting with them in connection with the aforesaid bill in terms of Regulation 7 of the Fifth Schedule of the Employment.
They also pray for the order to declare Regulation 6 of the Fifth Schedule of the Employment Act invalid, unlawful and/or unconstitutional and null and void and of no effect. And to declare sections 46 and 47 of the Trade Dispute Bill, No. 12 of 2015 too broad and/or wide and include non-essential services. They want the court to declare sections 46 and 47 of the Trade Dispute Bill, No. 12 of 2015 invalid, unlawful and/or unconstitutional.
They want the presiding Judge Leatile Dambe to award them costs of suit on attorney and client scale and further and/or alternative relief.