Botswana Unions: Public Service Bill 2026 Union Concerns Over DPSM Powers

• Public service unions in Botswana are concerned about inadequate consultation regarding the Public Service Bill of 2026, which has since passed into law.
• The Bill aims to overhaul public sector regulation but unions argue it limits employee participation and could undermine workers' rights.
• Unions object to expanded powers for the DPSM and PSP in recruitment, policy, and discipline, fearing a loss of institutional neutrality.
• Proposed changes to the Public Service Bargaining Council are seen as violating freedom of association and ILO Conventions by imposing decisions on voluntary members.
• Unions, including BOFEPUSU, have expressed resolute opposition but remain open to re-engagement with the government to find common ground.

Consequently, he argued that statutorily mandating the imposition of PSBC decisions on non-members constitutes a violation of legal protections for freedom of association, the right to self-determination, and the right to bargain effectively.

Public sector labour organizations in Botswana have voiced significant apprehension regarding the consultation process surrounding the Public Service Bill of 2026, which has since passed into law. These unions contend that insufficient engagement risks eroding fundamental worker protections and destabilizing established labour relations within the public service. The Botswana Federation of Public Sector Unions (BOFEPUSU) President, Mr. Gotlamang Oitsile, disclosed at a Gaborone media briefing that unions had made multiple unsuccessful attempts to engage the government on various aspects of the impending legislation.

The government's stated objective for the Public Service Bill of 2026 is to comprehensively overhaul the regulation of the public sector. This includes reforms aimed at modernizing dispute resolution mechanisms and promoting workplace equity. However, unions accuse the government of limiting employee participation in critical decisions that directly impact their employment, potentially jeopardizing stable labour relations, fair remuneration, and safe working conditions.

A central point of contention for unions revolves around the proposed expansion of authority for the Directorate of Public Service Management (DPSM) and the Permanent Secretary to the President (PSP). TAWU President, Mr. Allan Keitseng, characterized this as an unfair augmentation of central government offices' power. He elaborated that the Bill would grant the DPSM and PSP control over recruitment, policy execution, and disciplinary matters across the civil service. This, according to Mr. Keitseng, would lead to a loss of institutional neutrality, diminish bureaucratic independence, and ultimately weaken the system of checks and balances designed to safeguard both workers and employers.

Further concerns center on Proposition (ii) of the Botswana Public Service Bill 2026, which seeks to alter the framework of the bargaining process. Mr. Keitseng highlighted that membership in the Public Service Bargaining Council (PSBC) is voluntary. Consequently, he argued that statutorily mandating the imposition of PSBC decisions on non-members constitutes a violation of legal protections for freedom of association, the right to self-determination, and the right to bargain effectively. He emphasized that imposing the will of a voluntary structure on those who choose not to associate with it also contravenes ILO Conventions. These international labour standards guarantee workers the fundamental rights to freely organize unions and engage in collective bargaining without interference from employers or the state, extending these democratic protections to the Botswana public sector.

The collective labour movement has articulated its unequivocal objection to the government's intention to amend the Public Service Act and any associated legislation, asserting that the proposed changes would be detrimental to public service unions and their employees. This dissatisfaction with the consultation process was formally communicated in a letter addressed to the DPSM on August 10, 2026. Despite their resolute opposition to the Botswana Public Service Bill 2026, the unions have maintained their willingness to re-engage with the government in an effort to achieve common ground.

Mr. Oitsile affirmed that unions would not acquiesce to the government's intended position on the Bill, citing current economic conditions as a reason for their continued advocacy. He stressed the importance of establishing the correct structures before the Bill was enacted into law. Echoing this sentiment, Mr. Keitseng stated that unions would remain steadfast in mobilizing their members to leverage their collective and institutional power to influence public policy, underscoring the depth of BOFEPUSU Public Service Bill opposition.

Lawyers advising public sector entities, unions, or employees in Botswana must closely monitor the proposed Public Service Bill of 2026 for its potential impact on labour relations, collective bargaining rights, and the expanded powers of the DPSM and PSP, which could necessitate new compliance strategies or legal challenges regarding workers' rights and international labour standards.

Source: Original reporting via local media in Gaborone.