Security of employment in the public service in Botswana : a study of public service law and ethics

Solo, Kholisani

Security of employment in the public service in Botswana : a study of public service law and ethics

Doctoral Thesis

2000

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

The main concern of this study is the law relating to the public servant in Botswana. It assesses the efficacy of both statutory legislation and common law principles in promoting tenure for public servants. The employment relationship between the servant and the state is considered starting from his/her entry into the service . Some "public" servants like the Attorney-General, Auditor-General, judges and magistrates have protected tenure. This tenure is constitutionally guaranteed. The Supervisor of Elections who has now been superseded by the Independent Electoral Commission also had such tenure, which was passed on to the Secretary to the Commission and the other members. The processes that follow appointment into the public service are considered. These processes are probation, promotion, suspension, discipline and dismissal. There are also other factors, which come into play once a public servant has been appointed. These factors include conventions and traditions governing his/her position as a public servant. In this regard, the study discusses the principle of political neutrality, permanency, anonymity, accountability and autonomy. These principles were passed on to the Botswana public service by the British who for some time ruled Bechuanaland Protectorate, as Botswana was then called. These principles are important in that as elections come and pass, the public service is expected to remain, surviving changes of government. Public service labour relations in Botswana are discussed within the context of International Labour Organisation standards. The relevance of Conventions no.87 and no.98 of the ILO on the right to form and belong to unions and within that union to bargain collectively and to strike are examined in the study. It is argued in the thesis that there is more security of tenure if there is a right to form and to belong to a trade union organisation, and within that union to bargain collectively and to strike. Other legacies of colonial rule in Anglophone African countries in the form of Public Service and Judicial Service Commissions are examined and their effect on tenure highlighted . Last but not least is the question of discipline and dismissal in the public service which is largely a matter of law. The study concludes that by and large the protection offered to public servants in Botswana is comparable to one enjoyed by private sector employees in Botswana

Description

Includes bibliography.

Keywords

Law

Reference:

Collections

PhD / Doctoral

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