The Botswana Land Boards & Local Authorities and Health Workers Union (BLLAHWU) has threatened to sue Selebi-Phikwe Town Council over its decision to privatise the Selebi-Phikwe abattoir.

This follows the Selebi-Phikwe Town Council and the Ministry of Local Government and Rural Development’s decision to go ahead and outsource the abattoir without following the due process of consulting the union despite the union’s several pleas to be involved on behalf of its members.

The two recently declared a dispute in the matter and were due for mediation. However, this week the union through its legal representatives, Moahi Attorneys wrote to the ministry and the Selebi-Phikwe Town Council indicating its intention to sue.

Through a statutory notice to sue dated June 1, the attorneys said their client was shocked to learn that the ministry has gone ahead with the decision to outsource the abattoir contrary to the ministry’s submission that it was still conducting internal consultation on the matter.

“Client was assured that there will be communication to it once the process was concluded, such was to be done before the end of February 2023. Client was further told that it will be engaged in the consultation process as per the dictates of the recognition agreement,” stated attorney, Chabuya Lowani.

“Client was shocked to learn that a tender was awarded for the outsourcing of abattoirs on February 14, this came as a shock to the 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.”

The union believes that awarding the tender whilst the issue was still at the bargaining table amounts to bargaining in bad faith. It further said this is clear that the employer does not intend to engage in any meaningful negotiation; otherwise, it will be doing so to tick a box when the final decision is a foregone conclusion.

“Client has instructed us that we approach court to review, correct, and set aside the decision to outsource abattoirs 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. This letter constitutes Notice to Sue as per the dictates of the Local Authorities Act,” wrote Lowani.

The lawyers warned unless the decision to outsource abattoirs is rescinded within 30 days from the date of this letter, they hold instructions to institute legal proceedings without any further reference to the parties.

The matter between the union and the ministry started last year, following Selebi-Phikwe Town Council’s plan to engage the private sector to run the town’s abattoir.

The town mayor, Lucas Modimana said engaging the private sector was the only viable option for keeping the facility operational. That followed the closure of the town’s abattoir facility by the council for failing to comply with the Livestock and Meat Industries Act and Trade Effluent Agreements.

Meanwhile, the union and the ministry will also this month appear before the District Labour Office for mediation for two separate issues. This comes after BLLAHWU lodged a dispute with the office over the employer’s failure to implement multiple titling and trading system for the Fire Cadre and unfair stoppage of fixed overtime allowance for control of Fire Services.