Botswana Land Boards, Local Authorities and Health Workers Union ( BLLAHWU) has instructed its lawyers to approach court to review, correct and set aside the decision by Selibe- Phikwe council to outsource abattoirs without consultation.

In a notice to the Selibe- Phikwe Town Council, Moahi Attorneys says it has been instructed to seek review of the decision taken without consultation or whilst such consultation was pending for want of compliance with the rules of natural justice, such being in violation of the law and the public service charter.

In a letter to the council seen by Botswana Guardian, the lawfirm states that the letter constitutes Notice to Sue as per the dictates of the Local Authorities ( Proceedings) Act.

“Take notice that unless the decision to outsource abattoirs is rescinded within 30 days from the date of receipt of this letter, we hold instructions to institute legal proceedings without any further reference to Selibe Phikwe

Town Council.

“Client is a recognised bargaining agent for and on behalf of its members employed within the Public Service, some of such members are deployed to Selibe Phikwe Town Council,” the letter dated June 1, 2023 reads.

Attorney Chabuya Lowani stated that the union held various meetings with the Ministry of Local Government and Rural Development - the parent ministry, to bargain for and discuss various issues affecting its members within the said Ministry.

“It held a meeting with the Ministry on February 1, 2023, at the said meeting, client sought an update about outsourcing of abattoirs within Local Authorities, the Ministry indicated that the outsourcing was still under consideration as there was ongoing consultation with Local Authorities, client was assured that there will be communication to it once the process was concluded, such was to be done before end of February 2023,” Lowani said, adding that client was further assured that it will be engaged in the consultation process as per the dictates of the recognition agreement.

According to the lawyer, the union

was shocked to learn that a tender was awarded for the outsourcing of abattoirs on February 14, 2023. This came as a shock to client as it was still engaging the employer or was yet to engage the employer regarding its members who are deployed to the said abattoirs. He added that awarding a tender whilst the issue was still at the bargaining table amounts to bargaining in bad faith.

Lowani explained that this is so as it is clear that the employer does not intend to engage in any meaningful negotiation, it will just be doing so to tick a box when the final decision is a foregone conclusion.

“Selibe- Phikwe Town Council is a local authority falling under the Ministry of Local Government and Rural Development, when it comes to issues of employment, employees deployed therein are public servants who are governed by the Public Service Act, when it comes to issues of their employment conditions, a discussion or bargaining with the parent Ministry is the same as bargaining with the Local Authority, in fact the Ministry and Local Authority are one and the same thing as employers.”