02 May 2017

Government notes with continued concern and disappointment the various statements attributed to the Botswana Federation of Public Sector Unions (BOFEPUSU) regarding the integrity of both Public Service Bargaining Council (PSBC) and the Judiciary.

In this context we wish to place on record the following: Status of Public Service Bargaining Council

The last meeting of the PSBC was held on the 18th of April 2017 at 14h00. In line with the PSBC Constitution, on or before 31st March 2017, it was incumbent upon the General Secretary of the PSBC to have submitted a report to the Council with respect to

BOFEPUSU’s membership. In this respect it may be noted that Article 8.1 of the PSBC constitution mandates the following:
“8.1    Each trade union shall submit its audited membership figures, as at 31st December of the previous year, to the General Secretary by 31 January each year, who shall determine the membership figures of the trade union concerned and submit the report to the Council on or before 31 March each year.”

Further to the above, at the 18th of April 2017 meeting the PSBC General Secretary confirmed that he had not been able to submit his report due to the fact that BOFEPUSU had failed to meet its requirements under Article 8.1 of submitting its audited membership figures.

Here, it may be further noted that any failure to comply with Article 8.1 should automatically trigger the operation of Article 11 of the PSBC Constitution, which states:

“Article 11 of the Constitution: Termination of Membership
“11.1    The Council shall terminate the membership of an admitted trade union if:
“11.1.4    The trade union no longer complies with the threshold requirement or has been derecognized by the employer.
“11.1.5    The trade union fails to comply with a requirement referred to in the constitution.
“11.2    Prior to termination of membership of an admitted trade union, the trade union must be afforded an opportunity to make representation to the Council as to why its membership should not be terminated.”

Given all of the above, it is Government’s considered view that before BOFEPUSU can participate in further meetings of the PSBC they should first show cause why their membership should not be terminated as a result of their failure to comply with the mandatory requirements of Article 8.1.

As it was, at the meeting of the 18th April 2017, BOFEPUSU had out-rightly refused for the issue of their failure to comply with Article 8.1 of the Constitution to even be part of the said meeting’s agenda. It was as a result of this denial that the meeting failed to progress.

Still further to the above BOFEPUSU and Government had, nonetheless, agreed that a PSBC meeting be held on the 11th of May 2017 to discuss the issue of their non-compliance with the Constitution.

In light of the above facts, Government is surprised by reports and statements attributed to BOFEPUSU over past few days that it has now resigned from the PSBC.

We still await official confirmation from the PSBC of this stance, with BOFEPUSU having followed the appropriate procedure as set out in the Constitution, as well as making proper arrangements for their settling of any outstanding financial obligations to the PSBC.

Government Respects the Judiciary

As a Government committed first and foremost to the rule of law, we wish to once more reaffirm that we have and shall at all times continue to respect the decisions of the courts.

This respect exists irrespective of outcome of any court cases that involve the Government of the day.

It is out of this deeply seeded respect that this Government has been reluctant to make any public statements regarding the conduct of the judiciary.

It is therefore most regrettable to observe that a trend has emerged on the part of BOFEPUSU to regularly disparage decisions of the courts that are not in their favour, while of course trumpeting those rulings that go against the Government of the day.

This has gone so far as the mounting of personal attacks on members of the judiciary, to the extent of even imputing unprincipled and nefarious motives on their part. ENDS