Unions granted interim order to stop govt

ISAIAH MOREWAGAE
Staff Writer | Friday July 16, 2010 00:00

 

Tshosa ruled that Botswana Public Employees Union (BOPEU), the Manual Workers Union (MWU), Botswana Secondary Teachers Union (BOSETU), Botswana Teachers Union (BTU) and Botswana Land Boards and Local Authorities Workers Union (BLLAWU) successfully demonstrated that the matter was urgent and that the unions and their members stand to suffer.

During their arguments in court, unions relied on the founding affidavit of Andrew Motsamai, the president of BOPEU.  In his founding affidavit, Motsamai maintains that the five unions represent a total of 90,000 employees, out of 109,731.  He states that DPSM has withdrawn recognition of the five unions for two reasons:

* they were recognised under old laws such as Teaching Service Management and Land Board Acts, which have since been repealed,

* and that under the new act for a union to be recognised it ought to represent at least a third of the workforce of the industry.

Motsamai contended that 'the argument about the applicants not meeting the threshold for recognition is fallacious, because the DPSM is fully aware there is a procedure to be followed prior to withdrawing the recognition of a union that no longer meets the threshold, which procedure she has not followed'.

Tshosa concurred with the applicants' attorney Tshiamo Ranto when arguing for urgency. Rantao had submitted that the matter is urgent given the unlawful act of the DPSM to cease registering the unions.

He added that the five unions are not only de-recognised but that the loss translates to loss of organisational rights and that they will be deprived of monthly subscriptions, which facility is the lifeblood of all the unions. Without these subscriptions, he posits, the unions will collapse in a matter of weeks.

Tshosa expressed worry that the financial ruin of the unions will precipitate their dissolution, which in turn would bring about frustration of the ideals behind the new act if the conduct of the respondents is not addressed. 'This will defeat the ideals of the Public Service Act, which have a bargaining council to protect the interests of the employees', Tshosa said.

He further said union members have the right of association and that right should be jealously guarded.  Tshosa further dismissed the government's argument when they said DPSM has to recognise unions afresh, as it does not mean de-recognising them. He said as the oxford dictionary translates 'afresh' as meaning 'anew', he was of the view that indeed the government wanted to de-recognise the unions rather that validate their membership as the government claimed in court.

Tshosa was of the view that if what the government wanted to do was let loose, DPSM will now be free to exclude the five biggest unions from negotiation of terms and conditions of employment for their members.

'As a result of the purported withdrawal of the applicant's recognition DPSM will be free to make changes to terms and conditions of employment without reference to the unions,' Tshosa said.

Prior to court proceedings the only unions that were still recognised were the Tertiary Allied Workers Union (TAWU) and Botswana Government Workers Union (BOGOWU), whose recognition was obtained under dubious circumstances. DPSM was free to establish the Bargaining Council with only TAWU and BOGOWU, which between them represent less than 4,000 employees in the public sector. Both parties has been summoned to appear again on August 3, for the state to show course why the order made yesterday could not be made final.Deputy Attorney General Abram Keetshabe represented the State.