Manual Workers Union Explains Its Position On Constitutional Review

The National Amalgamated Local, Central Government, and Parastatal Workers Union believes the report by the Presidential Commission into the review of the constitution has captured their recommendations, “hence have no problem with the highly critiqued report”. Addressing journalists at a press conference in Gaborone this week, veteran trade unionist Johnson Motshwarakgole, who is the union’s consultant, said the report has considered the union’s recommendations in its final report submitted to the president. [ihc-hide-content ihc_mb_type="show" ihc_mb_who="1,2,3,4" ihc_mb_template="1" ] “To my understanding, everything submitted by the Manual Workers Union has been included in the commission report,” he stated. He added that the government is duty-bound to respect the people’s aspirations because Botswana is a democratic country. “We have always said the Office of the Commissioner of Labour and that of the Ombudsman should be independent and we are happy the report has recommended that,” he said. “One of the things stated by Dibotelo (Maruping) is that there should be a Labour Court of Appeal. These are some of the things we have always advocated for.” It came to light at the press conference that the position paper of the Manual Workers Union was divided into four segments, namely workers’ rights, socio-economic, branches of government, and other institutions that support good governance. Addressing himself to these, the union’s Deputy CEO, Robert Rabasimane, said the main focus of the labour movement is on the right to unionise. “This is because in our constitution, the right to unionise is not clearly stated. It only talks about the right of association,” he asserted. “But if you look at Section 13 2C, it takes back that right because it says public servants don’t have that right.” That, Rabasimane added, is the reason public servants in Botswana did not have the right to unionise. “We believe the right to unionise should be expanded in the constitution,” he said. He noted that still under the workers’ rights, the right to strike is paramount, but it is not normally considered a right. “You may remember a Court of Appeal judgment between the Ministry of Labour and Home Affairs against the Botswana Public Employees Union where the judge ruled that the right to strike is not constitutional,” he pointed out. The union believes that the right to work should be entrenched in the constitution. Regarding socio-economic rights, Rabasimane said these include the right to education, the right to healthcare, and the right to housing. He asserted that the right to food, water and social security should also be enshrined in the constitution and every Motswana should be entitled to them. “These rights have been recommended by the African Charter,” he emphasised. On branches of government, the union focused attention on the judiciary, notably the Judicial Service Commission (JSC). “This is because it is responsible for facilitating the appointment of judges,” Rabasimane said. He asserted that because the JSC is mostly composed of civil servants, some of them appointed by the President, there may be doubt as to its integrity and impartiality among Batswana. “Our recommendation is that members of the JSC should be appointed by Parliament, not the President,” he said. “They should also include members of political parties, including those of the ruling party.” Regarding other institutions that support good governance, the position of the Manual Workers Union is that the Secretary of the Independent Electoral Commission (IEC) should also be appointed by Parliament rather than the President, as is currently the case. Accordingly, the IEC should be administratively accountable to Parliament rather than the Office of the President. Further, the Office of the Ombudsman should be established under the constitution with powers to take remedial action in issues of maladministration and lapses in governance. Like the secretary to the IEC, the union asserted, the Ombudsman should be appointed by Parliament and account to it. It noted that this is because the constitution does not make provision for establishment of an ombudsman. The Ombudsman’s office is established under an Act of Parliament and the union but has no power to issue binding remedial action. [/ihc-hide-content]

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Manual Workers Union Explains Its Position On Constitutional Review

… declares itself general contented with the report of the Dibotelo Commission but calls for entrenchment of certain rights and a greater role for Parliament in oversight institutions to free them from control by the Executive

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Manual Workers Union Explains Its Position On Constitutional Review

… declares itself general contented with the report of the Dibotelo Commission but calls for entrenchment of certain rights and a greater role for Parliament in oversight institutions to free them from control by the Executive

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