Unions' power struggle stalls salary talks

The Judge President of the Industrial Court Tebogo Maruping has urged trade unions to focus more on the welfare of their members rather than being involved in power struggles.

He was delivering a judgement in an urgent application by Botswana Public Employees Union (BOPEU) challenging the report on the verification of membership for Botswana Federation of Public Sector Unions (BOFEPUSU) by Public Service Bargaining Council (PSBC).

BOPEU also wanted the court to declare that BOFEPUSU is not entitled to be admitted into membership of the PSBC because only trade unions which are recognised by the government are entitled to be admitted.

Even though Judge Maruping issued an interim order against BOFEPUSU and PSBC, he emphasised the important role that unions play in advocating for the welfare of their members.

“Quite clearly this case involves power play or a power struggle based on numerical strength which leads to sharing of the eight seats allocated to the Union Party to the PSBC and the major players are NALCGPWU and BOPEU, the applicant. The Court will urge the parties involved to focus more on the welfare of their members rather than just power,” said Justice Maruping.

He added, “The Applicant not only has an interest in the matter of who is admitted into the PSBC but that issue has a direct impact on its ability to negotiate terms and conditions of service for its members who are at least number two in numerical strength to NALCGPWU, which is the largest member of the BOFEPUSU acting jointly arrangement.”

In their submissions last week through attorney Joseph Akoonyatse, BOPEU argued that the admission of BOFEPUSU in November 2011 was unlawful. In defence, Tshiamo Rantao for BOFEPUSU said it is rather the Constituent Unions of BOFEPUSU which have been admitted and that such admission is lawful.

“On the basis of all the above the Court has come to the conclusion that the Applicant is entitled to the relief it seeks in terms of the notice of motion filed. The Court consequently makes the following determination; This application is declared urgent in terms of Section 20 (3) of the Trade Disputes Act No. 15 of 2003 and the rules of this Court as they relate to form, time limits, be and are hereby abridged. ” said Judge Maruping.

A rule nisi returnable on the 7th March was also issued calling on BOFEPUSU and PSBC to show cause why the orders should not be made final.

The orders include declaring that the BOFEPUSU is not entitled to be admitted into membership of PSBC; Resolution No. 2 of 2016 passed by the PSBC dated 4 February 2016 be set aside and interdicting the PSBC from proceeding with the 2016/2017 salary and conditions of service negotiations pending the conclusion of this matter.