Africa-Press – Botswana. There are 595 employment-related matters pending before the courts, of which 77 involve trade unions suing the government and 518 involve private citizens suing the government.
Assistant Minister of Justice and Correctional Services, Mr Augustine Nyatanga said this in response to a parliamentary question in which the Member of Parliament for Kanye West, Mr Victor Phologolo wanted to know the number of court cases currently on-going between the trade unions and government and between private citizens and the government.
Mr Nyatanga said the recent audit by Attorney General’s division dealing with civil cases has revealed that in the last 10 years, there were 212 judgements relating to labour matters in which government was a party.
He noted that out of the 212 judgements, 68 were reported while 144 were unreported, adding that, out of the total judgements, 116 were in favour of the government whilst 96 were against the government. “Out of the 96 judgements that went against the government, the government has not complied with only 11 of them,” he said.
Mr Nyatanga said the reasons for non-compliance varied from unavailability of funds, ambiguity in the court order, death of the employee or the employer still awaiting verification of employment details from the employee and complexities in computing the judgement debts, especially in cases involving many litigants such as multiple grading and titling cases.
Mr Nyatanga said causes of action in these matters ranged from unfair dismissals, promotion and progression, multiple grading, scarce skills allowance, acting allowance, delinking, breach of employment contract, transfers, subsistence and overtime issues.
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