Parliament has right to delegate powers - BOFEPUSU lawyers

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Botswana Federation of Public Sector Unions (BOFEPUSU) accepts that the Constitution does not preclude Parliament from enacting provisions which delegate authority to make subordinate legislation within the framework of a statute under which the delegation is made.

But the unions affiliated to BOFEPUSU submit that Parliament has no right under the Constitution to delegate to the Executive a power to amend an Act of Parliament itself, as the government did when it enlisted teachers, veterinary services and diamond sorters as essential services in the aftermath of the 2011 industrial action.

These arguments are before the Court of Appeal, where the Minister of Labour and Home Affairs is appealing the judgment of Justice Dr Key Dingake who in 2012 ruled against the government’s classification of the stated professionals as essential workers. The respondents through advocate Alec Freund, Senior Counsel, and Mboki Chilisa are opposing the appeal, praying for dismissal with costs.

Editor's Comment
Human rights are sacred

It highlights the need to protect rights such as access to clean water, education, healthcare and freedom of expression.President Duma Boko, rightly honours past interventions from securing a dignified burial for Gaoberekwe Pitseng in the CKGR to promoting linguistic inclusion. Yet, they also expose a critical truth, that a nation cannot sustainably protect its people through ad hoc acts of compassion alone.It is time for both government and the...

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