BOPEU Intervenes in Labour Issues of State Lawyers at DPP

Shocking revelations of a disbarred external candidate allegedly being employed directly in the position of Chief Prosecutions Counsel at E2 scale in 2015 and another external candidate with no special skill being employed in the position of Principal Prosecutions Counsel at D1 at the Directorate of Public Prosecutions in 2019 have come to light. The revelations have become known after the Botswana Public Employees Union (BOPEU) recently intervened in a matter in which state lawyers from the Attorney General’s Chambers (AGC) [ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,3,2,4" ihc_mb_template="1" ] seconded to the Department of Public Prosecutions (DPP) allege unfair labour practices. A letter to the Attorney General’s Chambers signed by Tlotlo Kgabo for the Secretary General of BOPEU states: “Botswana Public Employees Union (BOPEU) writes for and on behalf of our members who are under your employ in the Department of Public Prosecutions (DPP). Prejudiciall treatment “We have been informed by the concerned members that they have been and continue to be subjected to what we consider to be discriminatory and prejudicial treatment as compared to their colleagues and counterparts in other divisions of the Attorney General’s Chambers.” The letter notes how members of the union have brought several issues of concern through correspondence to the attention of the DPP and says key among the issues are promotions, safety concerns, and a takeover project. “It is our considered view that the prejudicial treatment our members complain of constitutes an unfair labour practice occasioned by your office,” says the letter. “In light of the above, we are amenable to engaging in discussions with the view of resolving the issues of concern amicably. Disparity In a letter addressed to the Attorney General, Mmako Abram, the state lawyers had said there is a legitimate expectation by all employees across all divisions of the AGC that there shall be fair or at least similar treatment in all aspects. “We have noted with great concern that in the office of the DPP, we are disappointed in that there is a great disparity in progression of officers of the AGC.” They cited officers who started working in 2007 as a case in point, saying those who were deployed to the DPP hold the post of Principal Prosecutions Counsel at D1 salary scale “whereas those deployed to other divisions of the AGC find themselves in positions of Directors or Deputy Directors, to which their scale is unknown to the authors but is at least at E1”. Pension benefits They asserted that this ultimately has a bearing on their welfare issues that are known to the employer. “These issues include our pension benefits and job opportunities,” they wrote. “We are disadvantaged with regard to job opportunities that require one to have held certain positions in a certain scale therefore disqualifying us from posts we would otherwise have been suited for.” They added that their lack of progress is inexplicable to prospective employers who are likely to assume that they are suitable for any new position applied for due to being stuck at one scale for seven years or more. They said the employer has always justified their stagnation by saying that the Directorate of Public Service Management (DPSM) gives few posts and specifically allocates posts to each division of the AGC. This issue was discussed in the Offices against Persons Unit meeting of February 2023. Susceptible to corruption They said they have since been advised by DPSM that it does not have control over the internal processes of DPP. “They act on requests based on submissions brought forward by the Attorney General, consideration being to issues of staffing and ratios,” the lawyers wrote. “Therefore, we have not been provided with the correct information for years. As a result, the lawyers said, Human resources (HR) has become susceptible to corrupt practices and favouritism to other divisions of the AGC. The said contrary to well-established policies that the HR Manager and his group purportedly always claim to rely on preference being given to internal candidates for promotions and progression, this is not practiced. Disbarred candidate employed They cited a 2015 instance in which an external candidate known to the authors was employed in the post of Principal Prosecutions Counsel 1 at D1 Scale while more than three other officers were overdue for such a promotion. In a shocking case they cited, a disbarred external candidate was allegedly employed directly in the position of Chief Prosecutions Counsel at E2 scale. According to the state lawyers, the person left DPP holding the position of Assistant Director of Prosecutions at E1 scale while still disbarred. In another case they cited, an external candidate with no special skill was allegedly employed in the position of Principal Prosecutions Counsel at D1 in 2019. Clarification “The external candidates and their employment are suspicious and dubious,” they wrote. “They are employed despite officers being competent and highly capable within the organisation not being considered for these posts.” They called for clarification of this practice and for these policies to be made transparent to all staff. “This is because these inconsistencies have proven to benefit others to the prejudice of the DPP,” the lawyers said. They also demanded to be elevated to the positions similar to those of their counterparts in the other divisions of the Attorney Generals Chambers because “we have been prejudiced by the recruitment promotion process discussed above”. [/ihc-hide-content]

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BOPEU Intervenes in Labour Issues of State Lawyers at DPP

Issues involve external candidates being favoured for openings while existing officers are overlooked

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BOPEU Intervenes in Labour Issues of State Lawyers at DPP

Issues involve external candidates being favoured for openings while existing officers are overlooked

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