Fury as govt derecognises unions

Staff Writer | Thursday October 18, 2018 14:50

 

On Tuesday, Mosalakatane wrote to the seven leading public sector unions about compliance with section 46 of the Public Service Act of 2008. “You are well aware your union has been one of the public service unions that have been engaged in the process of resuscitating the Public Service Bargaining Council (PSBC) in terms of Part XIII (Collective Bargaining in the public service) of the Public Service Act (PSA). The employer (government) and all public service unions that are involved are currently trying to craft a constitution for the PSBC as contemplated by Section 51 of the PSA,” Mosalakatane wrote.

She said that during the stage of crafting the constitution, the DPSM received a written objection by one of the public service unions with respect to the involvement of another public service union. “In response to the sound and wise advise proffered, the Directorate has been conducting a due diligence exercise to ensure that there is full compliance of the law. Our records thus far do not seem to indicate that your union has complied with the requirements of Section 46 of the PSA. If you have complied with the requirements of Section 46 of the PSA, we kindly request that you furnish us with a copy of the letter of recognition emanating from the director in terms of Section 46 so that we may update our records.”

The unions have been given until July 31, 2019 to comply with requirements of Section 46 of the PSA. “The decision is borne out of madness. If it is not madness I don’t know what it could be,” the Botswana Sector of Educators Trade Union (BOSETU) Tobokani Rari said in response. Rari added that the DPSM has been dealing with unions for the past eight years through the PSBC, since the advent of PSA of 2008.  “My first point is why do they raise such an issue after eight years? The second one when they have called these unions in the past who were they thinking they were dealing with?”

Rari explained that the DPSM once raised a similar issue and the unions went to court and the government failed to reply to the interdict. “We cannot be required to comply with Section 46 of the PSA when we were recognised by Section 48 of the Trade Unions and Employers Organisation Act. The law does not apply retrospectively.” He disclosed that they have since instructed attorney Mboki Chilisa to engage with DPSM. “President Mokgweetsi Masisi has promised the public that the PBSC will be functional by end of September 2018. We challenge him to be committed to his words,” Rari concluded.