Botswana’s new employment law: Reform on paper must become reform in practice

The legislation’s litmus test will be tried and tested in factories, offices, construction sites, farms, and retail stores across the country. Success will, in the large part, be determined by whether employers embrace the spirit of the law, whether employees understand both their rights and responsibilities, and whether labour institutions are adequately equipped to enforce the new standards consistently and fairly.

Historically, Botswana’s labour relations were governed by three separate pieces of legislation: the Employment Act, the Trade Disputes Act, and the Trade Unions and Employers’ Organisations Act. Although these laws served the country well during a different economic era, they gradually became less responsive to the realities of today’s workplace. The nature of employment has changed. Businesses compete in increasingly global markets.