Mohwasa cofirms legality of 2011

Minister for State President, Defence and Security Mr Moeti Mohwasa has told Parliament that the 2011 public service strike met the legal requirements of a lawful industrial action, although participation by workers in essential services was considered unlawful. Responding to a parliamentary question from Member of Parliament for Maun East, Mr Goretetse Kekgonegile, Minister Mohwasa said the industrial action arose from a salary dispute between government and public service unions under the umbrella of the Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU). Mr Mohwasa explained that under the Trade Disputes Act and the Public Service Act, public servants had the right to withdraw their labour provided that a strike notice was issued to the Commissioner of Labour.

“The 2011 industrial action met the requirements for a legal strike,” he said. However, he noted that government maintained that employees classified under essential services were not permitted to participate because interruption of such services could endanger the life, safety or health of the public. He revealed that a total of 2 802 employees were dismissed as a result of the strike, out of which 2 700 applied for re-employment and 1 834 were re-employed into the public service in November 2011.

Minister Mohwasa said some dismissed employees did not apply for re-employment because they had already secured employment elsewhere, including outside the country before government announced its decision. He further stated that in 2019, government made another decision to re-employ those who had missed the earlier opportunity, resulting in 245 former employees being re-employed. The minister clarified that none of the workers dismissed during the strike were reinstated but were re-employed on two-year contracts.

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“Workers aged 58 years and above were offered two-year contracts because they were approaching the compulsory retirement age while those who had already reached retirement age were granted waivers to allow them to serve on 24-month contracts,” he explained. Mr Mohwasa added that all employees dismissed in 2011 were paid their terminal benefits in accordance with dismissal procedures, meaning they were not entitled to benefits associated with reinstatement. However, he said government remained open to engagement with former employees who still felt aggrieved. Maun East MP had asked the minister to brief Parliament on the repercussions and lessons learned from the 2011 BOFEPUSU industrial action, including its legality, the number of dismissed and re-employed workers and possible compensation for those affected.BOPA

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