Regulation 30E of the Emergency Covid Regulations had the effect of suspending employer’s ability to dismiss or retrench employees during the State of Emergency. This was a commitment made by Government and endorsed by the National Assembly in April of 2020.
On the 9th April 2021, a year after the coming into force of these regulations, Debswana Diamond Company was permitted by the Government of Botswana, a shareholder in the Company, to terminate Majwe Mining Joint Venture’s Cut-9 project contract under the guise of Citizen Economic Empowerment. This was despite the contract still remaining with five (5) years. Consequently 580 workers lost their jobs. The termination of Majwe contract was equivalent to an indirect retrenchment which violated the Emergency Covid Regulations.
After termination of the contract, no undertaking to absorb Majwe ex-employees was immediately made by either Debswana or Government. There was no provision for workers’ re-deployment to other sub-contracting companies. This was despite the Minister of Minerals, Hon, Lefoko Moagi’s proclamation during the February Parliament Session that “no Motswana would lose employment” in response to a question in relation to the Majwe debacle. The BMWU intervened by negotiating with Debswana not to close its Cut-9 operations but to provide temporary employment to Majwe workers including in other Debswana sub-contracting companies. Since the Union’s intervention, information regarding progress on absorption has not been forthcoming from either Majwe or Debswana.
Upon engaging the Ministry of Minerals, it was confirmed that 440 Majwe employees were on fixed term contracts. A total of 318 workers were absorbed for cut-9 project. Sixteen (16) of those came directly from cut-8, while a 100 were absorbed by Debswana contractors; sixteen (16) employees were offered employment and refused and only five (5) employees resigned.
According to BMWU records, Majwe had a compliment of 580 prior to the termination of the contract. A total of (140) employees remain jobless after failing to be absorbed. A hundred (100) have been confirmed by the Union and forty (40) are unaccounted for. Given the desperation for employment, the BMWU is not aware of any Majwe ex-employees who have declined a job offer. This is despite the fact that employees who have been absorbed by Debswana contractors are paid less than what they earned at Majwe Mine.
The BMWU is in continuous engagement with its key stakeholders to get the 140 workers placement in other operations. Government breached its statutory obligation to safe guard Majwe workers employment, given the fact that it permitted Debswana to indirectly retrench workers through the termination of Majwe’s contract. Workers have been neglected and no effort is being made by Government to support BMWU’s interventions.
We call on:
- Debswana and Government for the immediate re-employment of ex-Majwe employees.
- Government to comply with the Emergency Powers Regulations.
- We call on all BMWU key business partners to consider absorbing unemployed Majwe employees.
- We call on the Government to extend Social Protection assistance to ex-Majwe employees
- We call on the Government and Debswana to expedite the appointment of the Cut-9 labour contractor
ISSUED BY BOTSWANA MINE WORKERS UNION