Two trade unionist Members of Parliament, Carter Hikuama and Goretetse Kekgonegile, are opposing the recently passed Emergency Bill No. 34 of 2024, which stripped the bargaining rights of unions such as the Trainers and Allied Workers Union (TAWU), Botswana Government Workers Union (BOGOWU), and the Botswana Doctors’ Union (BDU). Both MPs, members of the Botswana Congress Party, bring deep trade union roots to their parliamentary roles, making their opposition particularly significant.
During a debate on the bill in parliament, Hikuama criticized the legislation, stating that its practical effect negates the core purpose of trade unions. “Trade union recognition is fundamentally for bargaining,” he asserted. “You cannot recognize a trade union and then deny it access to the bargaining council.” The Minister of Local Government and Traditional Affairs, Ketlhalefile Motshegwa, responded by citing international ILO standards, which permit setting numerical thresholds for union admission.
Hikuama countered, emphasizing that established legal traditions defend the rights of recognized unions and that new laws should not revoke existing rights. He suggested Botswana could develop its own inclusive formula to ensure fair representation, highlighting the law’s adverse implications.
Kekgonegile, a former BLLAHWU president and now a MP for Maun East, emphasized the importance of laws that protect minority unions. He advocated for a progressive approach to domesticate international standards and questioned the necessity of imposing thresholds for union inclusion.
Additionally, Kekgonegile raised concerns about the law’s potential to favor major unions over smaller ones, warning that such bias appears to undermine the spirit of collective bargaining. “Why take sides when issues divide unions that are all Botswana trade unions?” he challenged, pointing out the failure of the two sides to find common ground.
This sentiment was echoed during the launch of the Free Trade Union Movement on January 31 in Gaborone, where veteran TAWU member Cde Basima questioned whether the amendment to the Public Service Act was influenced by former unionists now in government. Cde Phillip Tekisi noted that an exclusionary courtesy call on Minister Motshegwa by union representatives indicated the government’s intention to treat unions differently, beginning with initial meetings with representatives from the Botswana Public Employees Union, BLLAHWU, and the Botswana Manual Workers Union.
