Has BOFEPUSU declared PSBC defunct?
Correspondent | Tuesday May 9, 2017 15:10
BOFEPUSU AJA tireless efforts to restore order at PSBC have been noted and I must add that, a decline in Botswana’s labour relations system democracy is worrisome.
I am of the opinion that the timing was not right, but the decision taken to withdraw membership was the only available remedy to the union party. One wonders why it has taken BOFEPUSU AJA so long to make a decision, if the withdrawal was not because of non-compliance and that its membership has declined.
Unconfirmed reports suggest that BOFEPUSU AJA has failed in all circumstances to meet the threshold for admission at the PSBC; the union party has failed to satisfy the basic requirements of Article 8.1 as read together with other sub related articles of the council’s constitution.
I am of the opinion that, it may be true that the admitted Trade Union (Manual Workers Union) has not submitted its audited membership figures as at December 31, 2016 to the Secretary General of PSBC by January 31, 2017, in accordance with the council’s constitution. To date, there is nothing on record to show that the union party’s house is in order and there was compliance.
It is trite law that there must be a factual basis for legitimate expectation, the expectation must be reasonable and must be a ‘’ legitimate” one. It is therefore my considerable view that, there is no how BOFEPUSU AJA could have expected to continue to be a member of PSBC when its membership figure is below the set threshold.
In the absence of prima facie evidence placed before the society and the disgruntled working class, the circumstances of withdrawal disclose no factual basis upon which any reasonable and right-minded worker can accept.
The advanced reason by BOFEPUSU AJA’s self-serving expectation is premised. On this point alone, the non-calculated decision for withdrawal of membership lacks substance.
Emotional Decision
In my final analysis, the whole case of BOFEPUSU AJA’s withdrawal from the PSBC seems to be based emotionally on the union party leadership’s view that, the Secretary General request for compliance with the regulatory instrument was a punishment.
I assume the leadership was of the opinion that the move as above was intended to silence them and was meant to prevent them from participating in the collective bargaining.
It is a well-known fact that, the endless and costly litigations between parties at the PSBC was because of BOPEU leadership bootlicking tactics and the union insecurity at the bargaining council.
The withdrawal of membership will affect effective service delivery of PSBC’s labour relations division dealing with labour disputes and this may result in government officials refusing to appear before Mediators and Arbitrators based on the fact that the council is not functioning.
PSBC is now defunct
It seems to me that, BOFEPUSU AJA sees its withdrawal from PSBC as the last hope of vindicating the endless litigations, which forms the leadership legacy and career at PSBC. Moreover, the withdrawal of membership seeks the sympathy of the society and workers’ seal of approval of their actions
It is very clear that BOFEPUSU AJA has declared PSBC defunct; Government’s power has been maximised. In my considerable view, there is nothing in the Public Service Act(Cap 26:01) in the absence of a functioning PSBC, which will prohibit the employer (Government) from taking unilateral decisions in the interests of the so-called national interests without negotiating with any unions.
Review of conditions of service
Labour Unions must engage the employer party through constructive dialogue and amend the Constitution of PSBC Constitution and other pieces of legislations that underpin labour relations in Botswana, in order to protect workers’ rights.
Such pieces of legislations include amongst others; the Trade Unions and Employers Organisation Act, Trade Dispute Act, Employment Act, Public Service Act, Workers Compensation Act and the Factories act and come up with one consolidated Act known as Labour Act (LA).
There is an urgent need for holistic review of salaries and conditions of service to determine the job worthiness of each employee in the Public Services. As of now the low and middle-income group (A-B Band and C Band) are working under unbearable conditions of service; the salaries paid to them are equivalent to allowances earned by professions and the sitting allowances earned by union leaders.
Unity and transparency
A black cloud has fell on the entire Public Service; there is an urgent need for unity and transparency; BOFEPUSU AJA and BOPEU leadership must swallow their pride and deal away with their Big Brother attitude, which has divided the Public Service.
Botswana Federation Public Sector Unions and Botswana Federation of Trade Unions must unite and speak with one voice because they are fighting for workers’ liberalisation.
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 or whatsapp@73895263.