An investigation by the Public Accounts Committee (PAC) into the Ministry of Labour and Home Affairs (MLHA) has exposed systemic failings contributing to persistent injustices in Botswanaโs labour sector.
The MLHA, tasked with promoting harmonious labour relations, has been found wanting. Appearing before the PAC recently, Permanent Secretary Jimmy Opelo revealed that the Commissioner of Labour had granted mining companies indefinite exemptions to operate beyond the legal eight-hour work limit, contrary to the law.
Opelo admitted that the practice of issuing such exemptions was already entrenched when he assumed office, and he chose to continue it, arguing that withdrawing the exemptions would disrupt production, as companies had aligned operations around extended shifts.
According to Section 9(12) of the Employment Act, the Commissioner of Labour may approve 12-hour work exemptions, but only under exceptional circumstances and for a clearly defined period.
PAC members challenged Opelo over the ministryโs poor compliance rate, only 60 percent, in conducting labour inspections. They argued that this failure is directly tied to the inhumane working conditions employees face, particularly in the retail sector.
Opelo blamed the low inspection rate on resource constraints, but committee members rejected this reasoning, stating the ministry is not adequately fulfilling its mandate.
When asked about the increasing use of fixed-term contracts for roles that are permanent in nature, Opelo acknowledged the illegality of such practices. However, he did not offer a convincing explanation as to why the ministry has allowed them to persist.
PAC members argued that fixed-term contracts deprive workers of key benefits, including pensions, promotions, and annual leave.
In response, Opelo said the ministry is working on legislation that will introduce stiff penalties for companies that misuse fixed-term contracts to avoid employee benefits.
He added that a monitoring system has been implemented, requiring companies to submit financial statements. This, he said, will help assess their capacity to compensate workers fairly and prevent abuse of expatriate hiring practices. He also noted that the system aims to protect workers in cases of company insolvency, a tactic some employers use to avoid paying exit packages.
From the union side, Botswana Mine Workers Union General Secretary Mbiganyi Gaekgotswe said they understand the ministryโs reluctance to revoke indefinite mining exemptions, as doing so could hurt productivity.
However, Gaekgotswe warned of long-term physical, mental, and emotional harm caused by excessive work hours, which he said ultimately reduce productivity.
He criticised the ministryโs handling of employee protection in insolvency cases, arguing that failure to conduct labour inspections suggests it will also fail to monitor company compliance. The union is calling for the creation of an insurance fund, financed by employers, that workers could claim from in the event of defaulted severance packages.
Gaekgotswe also condemned the use of short-term contracts on long-term projects, saying it creates job insecurity and unequal treatment, undermining decent work standards.
