Labour movement leaders in Botswana have welcomed a judgment recently passed by Gaborone High Court Judge Key Oagile Dingake, which, amongst other things, found that classifying teachers, veterinary officers and diamond sorters as essential workers was unconstitutional.
In his judgment, Dingake said that he holds that applicants in the matter had a legitimate expectation that the law that existed before the government came up with the new law seeking to classify them as essential workers would not have been changed to their disadvantage in the sense of taking away their members’ right to strike without being afforded opportunity to be heard .
He also said that the labour convention to which the country is signatory has been interpreted by ILO committee of experts and eminent jurists all over the world as requiring that the classification of essential services “ be limited to those services the interruptions of which would endanger the life , health, or personal safety of or the whole nation”.
He further said that he agreed that the above mentioned workers do not meet the definition of essential services under international law, adding that “the executive, in failing to afford the workers an opportunity to be heard, offended against the duty to act fairly with respect to workers’ legitimate expectations”.
Dingake also ordered that the state pays costs of the suit.
Efforts to get comment from the Attorney General on whether the state is appealing were unsuccessful.
Commenting on the judgment, the Botswana Secondary Schools Teachers Union Publicity Secretary Solomon Batsietswue said that the judgment had made them very happy as it vindicated them by stating exactly what they have always said that it was wrong to classify them as essential workers.
“What the judgment by Justice Dingake is saying is exactly what we have been always saying and we are happy about it as it means we still have our weapon of showing our discontent by way of going on strike,” said Batsietswue.
He also added that the issue need not have gone to Court if only the leaders of this country had listened to them and consulted not pushed it through Parliament.
Another Union leader, Ketlhalefile Motshegwa of the Botswana Local Authority Workers Union concurred with Bartsietsue on the matter by saying that what Dingake’s judgment said was exactly what they have been saying about who essential workers were and that they were, as a result, not surprised by his judgment.
“We have always known that the workers will win as both the country’s laws and international organisations such as ILO are clear on who essential workers are and our rulers only wanted to invent a new meaning to that but have fortunately failed,” he said.
Motshegwa added that the feeling in the labour movements was that the government just wanted to punish workers for having gone on months long strike and nothing else. “They were driven by emotions that is why they have failed,” said Motshegwa.
