Public Service Act reduces probation period

The Public Service Act of 2008, which has been the center of controversy between government and some public service unions, was implemented on May 1.

The Botswana Network on Ethics, Law and HIV/AIDS (BONELA) has commended the government on the latest development.

The director of BONELA Uyapo Ndadi said it could not be denied that some of the government practices were discriminatory and 'BONELA is happy that the government has acknowledged this fact'. He added that the Act is progressive and will certainly improve Botswana's human rights standing which had hitherto been dented by amongst other things, the practice of testing foreigners.

He said the Act is commendable as it deals with employees who have the propensity to disclose confidential information of other employees, including HIV status, as the culprits or perpetrators will be liable to a fine not exceeding P500 or imprisonment for a term not exceeding 6 months or both through Section 63 (1). 'Of particular interest and relevance to BONELA is Section 7 (e) that prescribes that: 'In making decisions in respect of the appointment, or other matters affecting human resource management, every appointing authority and every supervising officer shall...not discriminate against any employee on the basis of sex, race, tribe, place of origin, national extraction, social origin, colour, creed, political opinion, marital status, health status, disability, pregnancy or any other ground...' Ndadi said.

He added that government is no longer permitted by the new law to test foreigners for HIV, 'consequently, no foreigner will be denied employment on the basis of HIV positive status'. He also said the Act abolishes the practice by government of discriminating against pregnant women seeking employment in the public service.