Govt violated law by enforcing industrial court order - Boko

EPHRAIM KEORENG
Staff Writer | Friday May 27, 2011 00:00

 

Boko who was addressing a workers' rally at Gaborone Secondary School grounds said by firing health workers on the pretext that it was enforcing the industrial court decision that essential service employees should all return to work, it 'was acting outside its mandate,' he said.

He said government should have told court that workers are in contempt of the court order.'But then the court would have in return asked the government, 'did you show them the court order so that each one of them could read it'? If the answer came in the affirmative, then as workers, you would then say in mitigation that it was impossible for you to perform the court order (that essential workers return back from the strike),' he said.

The BNF leader said the whole process under normal circumstances takes place in the court and is not something to be decided by the government or employer.

He said government violated the law and is now giving an impression that it is above the law, thinking that 'the law is what government says is law. This shows that they are unfit to lead,' he said.

Boko, who is a law practitioner said that justice must be done by those charged with adjudicating it, and that failing to do so will encourage civil disobedience as people lose confidence in the laws of the country and the judicial system.

'Botswana laws say the police can be beaten in a lawful manner. I am not inciting violence. The police need to understand this because it may happen to them.  Boko urged the workers to organise a big march to ensure that everyone in Botswana joins it to overwhelm the police, adding that even the law allows for them to go on a procession without seeking a permit from authorities.

'Let's not stop this strike. Whatever decision you take at the upcoming conference make sure the strike goes on. The employer must rescind the dismissals and apologise to those who were fired. This strike if it continues, in two weeks will affect everyone and all sectors in the country, and paralyse this government,' he said.

Botswana Congress Party president Dumelang Saleshando also took the platform and told workers that there is need for all those supporting the strike, like the opposition, to not only convey solidarity messages, 'but also to do something more to help you guys as you sit under these trees,' he said.

Saleshando said President Ian Khama had abdicated the presidency; hence he is not doing anything to put an end to the crisis.

'Mo ke mmantsheledi wa puso. We can't wait for 2014. We are not wrong to be preparing ourselves to take over power, because this is an opportunity,' he said.

Also speaking at the rally Kanye North MP of the Botswana Democratic Party (BDP) Kentse Rammidi said he would not sit back while workers suffer, adding that as a people's representative it was his duty to show them support.The legislator also urged other BDP MPs to come forth and address workers.

He said that he would ensure that in parliament together with other MPs 'we will make sure that all the mistakes made against the workers are corrected. This is a new law and it's understandable why some people are making mistakes. They don't know how to respond when things happen. This dark moment will pass on, Botswana will have peace,' Meanwhile Botswana Federation of Public Service Union secretary general Andrew Motsamai has said that the federation will hold a conference this week to map the way forward. He added that among other issues to be discussed are cases where some government officers on duty had their salaries cut, whilst others had theirs doubled and 'some we learn have even received huge figures such as P67,000 just for this month. But I also understand most of the people on strike have been paid their full salaries,' he said.