The Directorate of Public Service Management (DPSM) and the Attorney General recently dragged the Botswana Doctors Union (BDU)-which represents medical doctors and dentists- to court in connection with a strike carried out by doctors within the health services sector.
Amon other things, the government through the DPSM sought an implementation of interdictions and restraints on BDU and its members to prevent violations of the Trade Disputes Act, Collective Agreements, and employment contracts. The result is that the Industrial Court ruled in favour of the government.
Commenting on the ruling of the Industrial Court and the way forward BDU President Kefilwe Selema said though they intend to continue negotiating with government, the ruling has forced to seek green pastures overseas.
“We continue to engage with the government party; however, we are inclined to continue our negotiations with other foreign agencies to find better working environment for our doctors internationally as we fear our situation locally is dreaded for the worst,” he said.
Selema informed BDU members who are medical and dental officers that the judgement at the Industrial Court “forces them to go back to work irrespective of their please for justice pertaining to hours of work, rest period and renumeration accordingly.”
He explained that the judgement enforces and mandates that doctors return to work without any prejudice therefore doctors are seen as acting illegally and are to work without complaining.
“Any complaints about your conditions of service shall be deemed as contravening the Essential Service Act and therefore you may be fined P2000 and/or imprisonment for 12 months,” said Selema.
He added that “In summary; doctors shall continue to serve without any employment contract as the judgement has ruled; doctors shall continue to serve without any assured period of rest and remuneration competitive to their working hours, doctors shall continue to put their lives at increased risk to protect health of the community.”
Selma urged “our members to continue with servitude and modern slavery conditions of service as we seek and exhaust all remedies our pleas. Accordingly, we shall follow through the outlines of the Trade Dispute Act as it mandates.”
The dispute between government and doctors arose after they engaged in negotiation involving the Doctors’ Emergency Call Allowance, resulting in an agreement and joint statement that included a 15% Emergency Call Allowance for BDU members starting from September 2022. Also, agreements were reached concerning the payment of arrears and the resumption of emergency call duties by doctors. The agreements also involved a review of the Doctors’ Emergency Call policy, duty contracts, and rosters. A temporary agreement was reached between the parties and elapsed on 31 July. As a result, on 1st August, the BDU had announced its medical and dental officer members would cease Emergency Call duties.
The doctors argued that the issue of Emergency Call performance is not recognised by the Employment Act nor any Instruments governing Employment Relations in Botswana. They also contended that that the parties have had interim agreements but there exists no agreement between the parties governing the operation or the function of call performance.