A legal showdown with potential repercussions for labour relations and essential services is unfolding at the Industrial Court in Gaborone.
The Directorate of Public Service Management (DPSM) and the Attorney General have initiated legal proceedings against the Botswana Doctors Union (BDU) in connection with a contentious strike carried out by doctors within the health services sector.
Outlined in a Notice of Motion submitted to the court, the DPSM and the Attorney General, as the applicants, are pursuing several pivotal orders:
* An expedited hearing of the application through the urgent dispensation of normal court rules.
* Issuance of a provisional court order, known as Rule Nisi, requiring the Respondent, Botswana Doctors Union, to provide justifications for their actions before a final order is issued.
* Assertions that the strike and industrial actions taken by the Respondent’s members, who serve as doctors in essential health services, contravene the Trade Disputes Act.
* Implementation of interdictions and restraints on the Respondent and its members to prevent violations of the Trade Disputes Act, Collective Agreements, and employment contracts.
* Instructions for the Respondent to ensure compliance of its members with the Trade Disputes Act and employment agreements, alongside a directive for intervention to curb any unlawful behaviour.
A Founding Affidavit, sworn by Gaone Macholo, the director of DPSM, provides a factual overview of the case. Negotiations took place between government and public service trade unions, including the Botswana Doctors Union, regarding salary adjustments and terms for the financial years 2022–2023 and 2023–2024. Central to these discussions was the Doctors’ Emergency Call Allowance.
Following negotiations, an agreement was achieved and formalised through a joint statement. This agreement included a provision for a 15% Emergency Call Allowance for BDU’s members, effective from September 2022. Agreements were also reached concerning the payment of arrears and the resumption of emergency call duties by doctors.
These agreements entailed a review of the Doctors’ Emergency Call policy, duty contracts, and rosters.
However, on August 1, the Botswana Doctors Union issued a press statement declaring that its medical and dental officer members would cease Emergency Call duties.
The Applicants assert that this action violates the Trade Disputes Act and Collective Agreements. Additionally, they argue that the strike by doctors providing essential services constitutes an unlawful and unprotected act under the Trade Disputes Act.
The case is scheduled for a hearing today (Monday) before Justice Annah Mphetlhe. As both parties prepare their arguments, the outcome of this legal dispute carries implications for the broader labour landscape and the uninterrupted provision of essential services in Botswana.
