State struggles to motivate Court of Appeal case :: Mmegi Online

Government representatives in the on-going legal battle with trade unions over essential service classification were at pains yesterday to motivate their case at the Court of Appeal. State counsel, Morulaganyi Chamme spent much of his time in court trying to answer questions, which he could not do convincingly.

At one point, he conceded that his principals did not consult trade unions when they included teachers, diamond sorters and transport and communication employees in the essential service workers list in the aftermath of the 2011 public service strike. This was a departure from the government position stated by the Minister of Labour and Home Affairs who said trade unions were consulted before the listing.

Chamme argued that in Botswana, all instruments made by a subordinate lawmaking authority passes through Parliament. He asserted that the High Court says Section 49 of the TDA is unconstitutional because the exercise of power by the minister is not properly guided.

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