Last week, the Minister of Labour and Home Affairs, Peter Siele, was forced to reverse the government’s decision to classify teachers, veterinary services, diamond sorters and others as essential services.
This was after Minister Siele recently used the powers bestowed upon him, under Statutory Instrument No. 49 of 2011 Trade Disputes Order, to amend the Trade and Disputes Act to include teachers and other cadres as essential services.
The development, which was done in haste and without any consultation with concerned parties, was met with uproar by both the concerned employees, civil society, lawyers and the public.
While it was clear that Minister Siele was empowered by the law to amend the Act, the concerns raised by most Batswana was that government had not consulted before making the amendments.
Opposition politicians and labour pundits also posited that the move was mainly targeted at teachers and was meant to weaken the labour movement, especially as teachers form the largest and most militant constituency in the public sector unions.
Lawyers argued that it was inappropriate for government to make such drastic changes to the Act in the middle of a public sector strike.
Others, however, stood by government and insisted that Siele was not compelled to consult anyone, not even parliament, when making such changes. They also said the changes were made in the interests of the national economy and the rights of children to education.
Things took a different turn this week when Gaborone Central Member of Parliament Dumelang Saleshando, who is also President of the opposition Botswana Congress Party, tabled a motion seeking for the amendments to be revoked.
Saleshando argued that parliament and the concerned public servants should have been consulted before the amendments were effected. He also argued that the latest developments are contradictory to the spirit and dictates of the conventions of the International Labour Organisation. In the end, parliament forced Siele to reverse the decision.
These latest developments should be a lesson to the leadership of the government of Botswana that no one can amend the law without consulting Parliament and the nation at large. It should be a lesson that consultation is a key attribute of our democracy.
For many years, Botswana has been hailed as a beacon of democracy, envied by many throughout the world. These hard earned accolades are a result of thorough consultations by the peace-loving founders of this nation, who saw it as an imperative that no one, no matter his designation or social standing, will be allowed to make unilateral decisions without first consulting the people.
It is, therefore, surprising that the government of today would want to turn against these very important ideals. It is shameful that government would want to amend a law that impacts on the lives of thousands of Batswana without consulting Parliament and the concerned people. This action alone shows the disrespect with which our present government treats our Parliament, and the disdain that they have for the ideals that form our democracy. It shows their disdain for the very ideals that have, over the years, enabled us to enjoy peace and tranquillity in our nation.
Saleshando has to be commended for his efforts. Parliament has to be applauded for refusing to endorse a law that was, by all intents and purposes, aimed at curtailing the freedoms enjoyed by Botswana’s labour movement.
The timing of this amendment was very suspect from the start. The accusations made by many within the labour movement that the law was meant to curtail the vigilant and militant teachers, who have tirelessly fought for their rights, have a ring of truth to them.
It is for this reason that we hail the latest developments, and strongly condemn the actions of government in trying to impose laws on Batswana without first thrashing them out with Batswana.
Parliament is the legislative body of government. It is in Parliament where laws are debated and enacted. It is in parliament where the wishes and aspirations of Batswana are considered before any national policy decisions are made. It is therefore disgusting for this government to try and bypass the very Parliament that is the embodiment of the democracy that Botswana prides itself to be.
We are aware of the disdain that this government has towards consultation. We have seen the Presidency spurning the consultative overtures of the church leadership, dikgosi, former presidents and opposition leaders. We have watched with sadness when decisions were made for Batswana without their knowledge and consent. And we are now watching with celebration and elation when our elected representatives are putting their foot down and saying, “Never again will this nation be run by unilateral decisions that do not represent the wishes and aspirations of Batswana”.
All we can say is, “Bravo Parley! Bravo!”
We are also aware of a few individuals within our midst, who tend to mislead this leadership into thinking that the laws of this nation can be changed with impunity. We wish to remind them of the ideals on which this nation was founded.
Today, we stand tall as a nation, proud in our legacy and history as a peaceful and democratic nation. We are thankful to our founding fathers for the legacy that they left us. We also reiterate that nothing will be decided for us without us. All the laws that are made in this nation will be enacted by Batswana for Batswana.
Therisanyo and Botho are the founding pillars of this democracy, and we have shown that we will defend them to death.
