Africa-Press – Botswana. Parliament should not overburden the proposed Constitution amendment with issues which can be addressed through subsidiary legislation.
Member of Parliament for Chobe, Mr Machana Shamukuni said this on Friday when he argued against changes to an amendment clause in the Constitution Amendment Bill of 2024 currently at committee stage before the National Assembly.
Maun West MP, Mr Dumelang Saleshando had requested fellow parliamentarians to add at the of clause on the right to work “… to free choice of employment, to just and favourable conditions of work, the right to equal pay for equal work and protection against unemployment.”
However, Mr Shamukuni said the proposed amendments could be covered under subsidiary legislation.
He further said the country’s labour laws were currently being reviewed by the tripartite arrangement, which included government, private sector and the trade unions.
Also, he said although the country was party to international obligations, it did not have to show domestication through inserting them in the Constitution.
Minister of Labour and Home Affairs, Ms Anna Mokgethi, also Gaborone Bonnington North MP said the tripartite arrangement between government, private sector and trade unions had already met and agreed on the conditions of service.
Ms Mokgethi said the tripartite arrangement had consolidated all laws relating to employment and came up with the Employment and Labour Relations Bill.
Therefore, she said, the proposed amendment by Mr Saleshando was of no effect.
In contrast, Maun East MP, Mr Goretetse Kekgonegile supported the amendment saying it was required to address existing deficiencies.
Mr Kekgonegile said government had long promised to review labour laws but nothing seemed to be done to that effect.
He said equal payments would serve as motivation to the girl child to pursue a career in male dominated fields knowing that they would be remunerated equally.“Protection against unemployment will ensure that youth will be employed on time,” he added.
Dr Kesitegile Gobotswang, MP for Sefhare/Ramokgonami, said Botswana was a party to the African Union’s African Charter on Human Rights and Peoples Rights, hence the proposed amendments would assist the country to comply.
Dr Gobotswang also said there were instances in some companies where foreigners earned more than locals even though they performed the same duties, while other employees were being exploited.
Nonetheless, Mr Saleshando’s proposed amendments were defeated with most of the ruling party members going against it while most of the opposition supported it.
Further, a proposed amendment by Mr Kekgonegile to insert a new section on the right to shelter to read “every person shall have the right to shelter” and also inserting “government shall respect, protect and fulfil the right to shelter” among others, was also defeated.
Minister for State President, Mr Kabo Morwaeng argued that government would not promise people what was unattainable, while the country’s economy would also not support such, hence requested that the clause be left as Bill.
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