An Evaluation of Dispute Resolution in Botswana Public Sector

Resumen o Introducción

This paper aimed at scrutinizing how Botswana (Democratic State) a politically stable country for the first time since independence terminated contract for essential services section in Government abruptly, due to conditional salary increase of 5% increase, hence Trade Unions proposing an increase from 16% to 13.8%, this was during Lt General Ian Khama Seretse Khama’s presidency. Failing to reach consensus, employees resorted to national strike which took eight weeks. "Ignorance of the law excuses not" and "ignorance of the law excuses no one" respectively; essential services employees, In terms of the Trade Dispute Act 2003, Cap 28: 02, (Laws of Botswana) every party to a dispute of interest has the right to strike or lockout if all the requisites of a lawful strike prescribed by the Act have been met. Even though every employee has the right to strike, it was argued that the industrial action by some of the employees was unlawful as they are classified as essential service employees. Therefore, the above statement abrupt essential services workers to strike, despite employee’s grievances. In this scenario, the unions have to be blamed for not assisting the essential workers to understand the repercussion of (strike) consequences of crossing the law’s path “ignorance of the law excuses not” and “ignorance of the law excuses no one” respectively.