BFTU fights for its life

| Friday August 6, 2010 00:00

Mmegi: What is the problem with the BFTU?

Mhotsha: It is going to be difficult to know where to start but I think things got clearer after the April congress. We immediately received letters from the BTU, BOSETU, and at a later stage, BLLAWU indicating that they are suspending their subscriptions, citing as their main issue lack of availing audited financial statements during the congress. It is difficult to state where it started because there are other things that happened before, some happening inside the BFTU while some happened outside.

Mmegi: But why were there no audited financial statements availed at the congress?

Mhotsha: In short I can just say we had not audited the 2007/08 which were primary years that were supposed to be taken to the congress. It is difficult to answer but I will try.

According to the constitution, the treasurer of the BFTU, who was Rachel Tshephe from the Central Bank Union was supposed to ensure, amongst other things, that books of accounts are kept in a proper manner including seeing to it that the financial report is submitted to the general board and the executive council whenever needed. If you look during our term, those things seemed to have been lacking. If my knowledge and memory serve me right we had never received such books of accounts or such statements. However, I should explain here that the treasurer is not the sole person responsible. The treasure works with the finance and general-purpose committee, which, according to the constitution, its sole responsibility is to ensure that financial statements are available when needed. In that committee sat the general secretary, myself, the vice president of BFTU who was also the then VP of the BOSETU, Tebogo Sebogodi, and two additional members who were Kwenasebele Modukanele from BOSETU and Morake Molefhe who later resigned due to change of jobs. I would also want to add the entire executive board because the treasurer was supposed to have presented her report to who would then take those to the general council.

Mind you, the general council is also tasked with taking the reports to the congress which means it has a responsibility of receive the reports from the executive board. It is a committee of the general council and is elected by the general council to assist the executive board on financial issues.

In actual fact, and in my view, all these men and women who were manning this should be held responsible of course at different levels for not availing the audits

Tswaipe: There is another level of the general council, which is very important because people tend to want to talk more about the executive committee members. The role of the council of the federation is to set the rules of governance which includes policy of the federation in respect to the standard and financial accountability. It is about financial controls and how procedures have to be followed.

The body that is supposed to set the rules is the general council and not the executive council, the executive is an implementation body. Once the executive fails in its duty it is now the role of the general council to direct it on behalf of the congress.

In other words, power or authority of financial accountability rests with the general council. When there are weak financial controls and no statements are not brought to the congress, the general council must say stop we cannot go on like this. It cannot go for three years unchecked because it means the general council is failing the board and the congress of 2007, which elected it. I wanted to bring that up because if we don't it might create an impression that the buck stops with the executive committee.

It stops with the general council because that is why they have the power to review issues of performance. He also mentioned the issue of trustees, that when it comes to assets and liabilities, the law, the act and the Trade Unions and Employers Organisations Act put the responsibility of accountability of assets to the trustees that are accountable straight to the congress, expenditure is accountable by the council.

The trustees are another body that has to be questioned when it comes to assets. You are raising the issue of audits, which has to do more with trading income and expenditure but there is an issue of the balance sheet, which is assets and liabilities, which is the responsibility of the trustees. You should bring up all these persons and bodies when the federation is being interrogated.

Mmegi: Who are these trustees?

Mhotsha: There were three. We had Mathews Mathule, Keamogetse Mack and Gape Mapii.

Mmegi: Were they aware of what was going on?

Mhotsha: Yes. They were very much aware. Like I am saying whenever we had the meeting there is an agenda that should be followed. Two main reports that should be presented at these meetings is the secretary general and the treasurer's report with the presidential report here and there.

Quite often or almost every time there was no treasurer's report and maybe we wanted to raise it but it was left out. There was a particular meeting in 2008 at which these issues were brought up where one of the affiliates tabled a motion that the general review the performance of principal officers, being the president of the BFTU who was Japhta Radibe, the treasurer Sebogodi and the Secretary General being myself.

One of the reasons raised there was that they believed that the treasurer because we were talking financials was under performing. I want to stress the point that it was not dismissal or recall but review of performance. Unfortunately that motion, which in my view was going to realise that we are not going the right direction as far as financial accountability is was not welcome.

It ultimately was not debated because there were a lot of personalised remarks brought into play, people ended up linking the motion to the secretary general being myself that I sponsored the motion to discredit other officials.

One of the reasons that should be stated is that they were raising issues of friendship between myself and the Trainers and Allied Workers Union (TAWU) that I sponsored the motion against my colleagues.

I was never revisited and in my view it was one of the things that created lack of good working relationship between the sitting secretary general, the treasurer and the president.

Tswaipe: There was a story written in the newspapers, which pre-empted the motion being leaked and there was an investigation on who leaked the motion. Instead of the motion being discussed, the general council discussed the leakage.

Some of us who were involved could see that as a tactic to scare and divert the attention of the affiliates so that they do not discuss the core issue of competency and performance.

The affiliates were given the impression that TAWU was targeting BTU or continue its hatred and fight with BTU and to speak bad about the then BTU president, Radibe. 

The motion was publicly distorted in the media to be an issue of passing a vote of no confidence, which was not the case. We could see that if we go on for three years we would come to this disaster that we are in today. Now when we come to the congress and the executive fails to bring in the statements, the same people are now pointing to the new committee that was elected in April 2010 to bear the responsibility of failure to submit audits. The public - and even most of the general members of the different union - does not know what was going on and who failed to audit. We inherited the problem from the past committee elected in 2007 and headed by people from the same unions who are pulling out now.

Mhotsha: Let me put it in context. In a nutshell, you should realise who were the people who were responsible to ensure that there is financial prudence is exercised at BFTU. I mentioned that the then treasurer, finance and general committee were there. There are two people that I should single out because of the behaviour of their unions. It is the vice-president of the BFTU who was the chairperson of that committee and the secretary general of BOSETU who was a member of that committee. (Now it is their union which says it is withdrawing its money and its members from participating. The question now is: Who remains in that committee to do the audit; and actually, who should account?

Now, go to the executive board. Who was the chairperson of the board, including the general council? It is president Radibe whose union is withdrawing its financial support and everybody from their union.

The question is, who is supposed to account because accordingly the president as the person in the highest office is the one who is supposed to account? Who are they saying should account for that past committee; the very same people who run out and call people to see how dirty their house has always been?

Tswaipe: Do you know that Modukanele who was sitting in the finance and general-purpose committee is now the same person who wrote to BFTU that BOSETU is withdrawing their money because BFTU is not accounting?

This is the same person who was given the responsibility to account and failed. And then they withdraw the money at a time when BFTU is supposed to audit for three years, which would cost about P144,000. They quickly withdraw their money to ensure that the audit does not take place without their money. At the audit, there was a motion that called for the congress not to go for elections because there was no audit. There was a group at the congress and the same person was talking as if he is not the one who was responsible for that. They did not want to congress to take place and it looks like the non-availability of audit was done deliberately. What is it that they did not want to be revealed by that audit?

Now you see the president who was supposed to account to the congress and council going to a police station to report that during his term of office there was embezzlement of funds. He was reporting the new committee to the CID. We can now conclude that there is an agenda because this embezzlement took place when he was in charge. Why report that after the three years and a year after his term in office has elapsed? Why didn't he raise that or report when he still had all the power? Mmegi: In other words you are saying some of those involved might be involved and they are busy trying to hide some facts?Tswaipe: One can conclude that. A forensic report was leaked to the media that there is embezzlement of funds in BFTU as if it is happening now. This is done to justify and support the reasons for the unions to pull out. It is unfair and the public doesn't know these things. 

Mmegi: Have they already informed the federation in writing of their intention to terminate their affiliation?

Mhotsha: No. As far as we are concerned we don't know that they are terminating. The letters that we have are informing us that there are suspending their subscriptions.

Mmegi: Is there a provision in your laws or rules of suspension?

Mhotsha: No, there is no provision and we have made them aware that there is nothing like suspending subscriptions. About two weeks back we wrote them reminders that they are in breach of the constitution and they should normalise the situation. We still are to receive responses from them.

Mmegi: May you please elaborate on how they should normalise the situation?

Mhotsha: That since they have not been paying since May they should normalise by paying the arrears and what is due. Mmegi: What happens if they fail to pay?

Mhotsha: We have options that we can follow. First and foremost is that we rely more on what our constitution says if a union is failing to pay but the unique thing about these unions is not that they cannot pay. It is different from somebody who does not pay and you do not know what the problem is. They have stated deliberately that they are not paying. We will try and have the constitution applied but we also have the option to go legal because in our view they owe the federation that amount. They are members and therefore they must pay and they are not paying deliberately. What we hear is that they say the constitution provides after three months they can automatically be terminated, it is not true. This is a deliberate action. I wouldn't rule out that we go legal and ensure that they pay.

Tswaipe: This clause of subscriptions in terms of suspensions was not meant to address the termination of membership. It is an innocent clause that was crafted genuinely for unions that might be having financial difficulties. This is the reason why the general council comes in to decide and it has happened with the Botswana Mine Workers Union and they reached an understanding. If someone goes deliberately and says they are not paying it is an abuse of the clause and indiscipline. That is not new in the BFTU and it was started by the Manual Workers Union and that is how they left the BFTU. Termination and affiliation is the same authority given by the members and not the small group of leaders.

Mmegi: What action was taken again MWU when BFTU realised that they abused that clause?

Tswaipe: The same process of writing them letters requesting them to pay and eventually their debt was written off. They were then requested to join the federation without any conditions and they refused choosing to join the Botswana Public Service Union (BOPEU) to form the new federation.

Mmegi: What is the normal procedure if a union wants to terminate affiliation?

Mhotsha: You have to give three months to BFTU stating reasons why you want to terminate. It is this issue of the leadership of unions who decides for whatever reasons that they do not want to be affiliates then they know there is a clause that provides for automatic suspension they do not go to their members to seek a mandate to terminate.

They abuse the clause and then go to their members and say they have been terminated. In my view, I think it is criminal what these leaders are doing because they have been given the mandate by the members who value the federation and show that by paying ten percent of their subscriptions to the union.

The leaders as per their personalised agendas deny that innocent member the opportunity to be represented by the federation. I think it borders on the criminal what they are doing.

Tswaipe: I wanted to emphasise that at the congress in April it was more about what happened, who was likely to win, which unions have won. You cannot base affiliation on that. Affiliation is a fundamental thing. For instance Botswana cannot get out of SADC because he does not like what South Africa has said about them at SACU. Isn't that childish to say they are withdrawing from SADC because of what Jacob Zuma said there.

Mmegi: Is it more like leaders using personal vendettas against each other?

Tswaipe: and what they like and what they do not like. At TAWU we did not support Radibe and we still hold the opinion that he was not competent. He was elected by the congress and we respected him because he was the president at the time. We never defaulted subscriptions. We did not want him all this time but we waited until the congress to elect someone else.

Mmegi: Are you saying Radibe is the root problem or there is someone specific you think is going around de-campaigning BFTU?

Tswaipe: I did not say that. I am using him as an example but it is true there are people going around de-campaigning BFTU.

Mmegi: What do you think is the root cause of these unions wanting to withdraw their affiliation?

Mhotsha: Like I said, we haven't received any information directly from them apart from the ones we read in the newspapers. It is surprising that here are people who suspend affiliation due to lack of audited financial statements and now when they want to join another federation they say they want to bargain collectively.

I want to state that there is nothing anyway in our laws that forces a federation to go and collectively bargain. They misquote the section that they like quoting that they need one third of the employees.

The section states that you need to have one third of the employees of the employer who are in the same trade. It is very clear that you do not need to join a new federation. Who goes to the bargaining council? All the recognised unions, all seven unions can join the bargaining council with your eyes closed because you are recognised.

Mmegi: Is it more like looking for excuses to join the other federation?

Tswaipe: It is like that; and more like riding on the ignorance of their members. Members do not know that they are lying. DPSM has issued a statement that all of the unions are recognised what more do they want to know that they are recognised and allowed to join the bargaining council. All of us are holding letters inviting us to the bargaining council meeting. Why can't they believe that if they invited all of us we have the same rights. This goes to show that there are other reasons outside the bargaining council.

Mhotsha: They try to bring a case where the Botswana Railways and their employer who said they needed to be one third of the employees of the employer. That is not public service and cannot compare the two. When things are being peddled about lies, they are trying to build something based on lies and when that comes out in the open whatever that they want to do would collapse.  Their excuse is invalid. They are creating the impression that bargaining cannot be realised when they are on the BFTU side but it would work if they were on the BOFEPUSU side. They signed a document for us to work together and along the way they disowned it. The whole leadership of the unions was there, Radibe was there, Mmasebogodi, Kgasa the whole leadership was there.

Mmegi: Did they tell you why they disowned the document?

Mhotsha: They have not told us why. It is something that they should answer themselves.

Mmegi: Don't you think they have a problem with the new BFTU leadership after having publicly announced that government now is using TAWU, who are the majority in the BFTU leadership?   

Mhotsha: I think so. For starters, I know that Hlabano was standing for the presidency and he withdrew and we were left with Kwantle from BTU. The rest was what they call briefcase unions, the small unions.

One of them was overhead saying they could not recruit members for TAWU. This indicates that they seem to be a problem of them thinking that they are being ruled by the wrong group from the smaller groups. 

This has been happening in the past; even during the time of the MWU. And by that time the constitution allowed for the big unions to pick the seats and fill the other positions with the people they wanted as to when and who they wanted on their terms.  It was for that reason that the constitution was changed to have equal representation to do away with putting them in (because of their numbers even if) most of them were incompetent. They are having a problem with equal representation because they cannot put the people they want because they do not want people to go in there as per their competency.

We had BTU, BOSETU, MWU and BLLAWU- there were supporting the same people and the small unions were supporting those from their own. Mind you, the small unions voted Radibe in because these big unions were anti Radibe. I would want to know what they mean by being placed at the same level when making decisions? What decisions.. because the congress comes once in three years and in between critical decisions are made by the council were the representatives of the council are derived from all the unions?  

Tswaipe: The outcome of proportional representation was that the most educated would not have their way into the leadership of the BFTU. There was one time when they had a leader who could not write. Do you know that it is out of this congress, for the first time in the history of the BFTU, to have a number of graduate and PHd holders.

The sad thing is that at a time when quality comes, people are withdrawing and taking away their money. They lost their motion of stopping the congress at the council not at the congress.

Mmegi: This week BTU revealed that they have requested meetings to discuss their displeasure on equal representation and you failed to honour the meetings. Is that true?

Mhotsha: I will answer that in three words - It's a lie. We wrote them the first letter after their intention to suspend their subscriptions and wanted them to confirm their availability. There was no confirmation and the secretary general called on the day to say they were on their way.

I told him they failed to confirm and I told him the people on our side were not present because the union failed to confirm their availability. We then suggested another date and they said they would be busy. One of them was heard saying BFTU is running after us for a meeting and we will not meet them. They do not have any concerns themselves.  They have stated in their letter that they do not agree with the issue of equal representation. They went to the congress without any statements and we cannot amend the constitution telephonically. They could have brought up the motion at the congress if they wanted it to be amended.  The proportional representation is not the best practice because affiliates do not pay based on the number that they have but the amount of money they collect. That is why if you apply it on BFTU a union with less members like TAWU will pay more than BLLAWU with four times members than TAWU. We are saying the issue be brought to the table and we will debate. What they want will kill the spirit of solidarity outright.

BTU has said on one of the local radio stations that they have nothing to gain from BFTU but it is the same BFTU that campaigned to see all them all unionising. They are now basking in the glory of the BFTU.

Mmegi: Why do you think they are discrediting BFTU now?

Mhotsha: I think it is because of BOFEPUSU and it is going further than that. BOFEPUSU was conceived before the Service Public Act in 2007 when Johnson Motshwarakgole of Manual Workers Union told the Minister of Labour, Charles Tibone, that he would join BOPEU and form their federation and he would be forced to recognise them. Before BOFEPUSU was formed those gentlemen went to all this unions to canvass for support and fortunately because there were still in love with BFTU they refused to join BOFEPUSU. Manual Workers Union and BOPEU were forced to form and register the federation alone. It should not be linked to the new Public Service Act. It has a different agenda.

Motshwarakgole said on national television that they are starting with the public service union and later target the other specific sectors of economic importance like mining. You can see it is a group of people who want to take over what BFTU has been building. They want to replace BFTU.

Tswaipe: That is the agenda to have BFTU collapse in a short period of time and this other unions would have no way to go except to join BOFEPUSU.

Mmegi: What are you doing to ensure that BFTU does not collapse?

Mhotsha: We are going on a nation wide tour to talk to our affiliates and we have made a lot of impact out there particularly that the members do not know what is happening. They are seeing these things in the papers and we have told them what actually happened at the congress and took them back to before the congress. Sometimes people think that this issue started from the congress when in actually fact it started at the council when financial statements for the past three years.

Tswaipe: We are talking to the political parties and our international partners and they are shocked about this. I want to explain the problem with Manual Workers Union. You will see that a lot of instabilities within the labour movement in Botswana are around them; what it does to bring other affiliates down.

This is the third time it does this to the BFTU. Every time when they pull out they confuse the affiliates. At the time they went with the Botswana Constructions Workers Union and the Botswana Commercial Workers Union. Mind you when they re-join the BFTU they dump those unions and they have since collapsed.

All this confusion right now is caused by the Manual Workers Union and if they were to disappear everything will be back to normal. The Manual Workers Union has been in a crisis of internal governance. The people who are pushing for BOFEPUSU are not even workers but the employees of the union who have since taken over the union. The manual workers have totally lost control of the union. It is run and planned by employees and that is a fact.