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
Justice served, but healing must follow

His horrific actions, betraying the trust placed in him to protect children have rightly been met with the full force of the law. Whilst we commend the court’s decision, this case forces us to confront uncomfortable truths about safeguarding our children and the lifelong scars such abuse leaves.Magistrate Kefilwe Resheng’s firm sentencing sends a powerful message that those who harm children will face severe consequences. Her words rightly...

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