Six public-sector unions have scored a temporary legal victory against the government after securing a High Court order suspending the implementation of a new Local Per Diem arrangement and Leadership Transformation Programme pending meaningful consultations.
The settlement agreement which was made an order of the High Court in Lobatse before Justice William Moncho places the government under a legal obligation to halt implementation of the two measures for public officers represented by the unions and those in the D scale and below.
The case was brought by the Botswana Public Employees Union, Botswana Doctors Union, Botswana Nurses Union, Botswana Teachers Union, Botswana Landowners, Local Authorities and Health Workers Union and Botswana Sectors of Educators Trade Union.
The unions had challenged the government’s position on whether the proposed changes to Local Per Diem arrangements and the Leadership Transformation Programme were matters requiring negotiation or merely consultation.
Under the court settlement, government is barred from implementing the Leadership Transformation Programme for public officers represented by the unions, as well as public officers in the D-band and below, pending the outcome of meaningful consultations.
Although the parties did not resolve that fundamental dispute, they reached an agreement that effectively freezes implementation while consultations take place.
Under the court settlement, government is barred from implementing the Leadership Transformation Programme for public officers represented by the unions, as well as public officers in the D-band and below, pending the outcome of meaningful consultations.
The government, however, remains free to continue implementing the programme in respect of the executive membership of the public service who are eligible to use the platforms and opportunities arising from the programme.
The new Local Per Diem arrangement, which was scheduled to commence on 1 September 2026, cannot be implemented against unionised public officers covered by the agreement or officers in the D-band and below until meaningful consultations have been completed.
The court order requires the Director of the Directorate of Public Service Management to provide the unions, in writing, with the reasons behind the proposed changes to both the Local Per Diem arrangement and the Leadership Transformation Programme.
That information must be submitted by 19 August 2026, giving the unions until 26 August 2026 to respond.
The Leadership Transformation Programme will face a separate consultation process, with a meeting required to be convened by 28 September 2026 before a final decision is taken regarding its implementation for public officers at D1 and below.
The parties are then required to meet by 28 August 2026 to discuss their respective positions before a final decision is made on the proposed changes to Local Per Diem.
The agreement further provides that, should disputes arise, either party may invoke the dispute-resolution mechanisms contained in the relevant recognition agreements.
The Leadership Transformation Programme will face a separate consultation process, with a meeting required to be convened by 28 September 2026 before a final decision is taken regarding its implementation for public officers at D1 and below.
The result is that the government’s planned 1 September implementation of the new Local Per Diem arrangement has been stopped, while the Leadership Transformation Programme has also been placed under a court-backed consultation process. The Leadership Transformation Programme featured a Voluntary Separation Package while the per diem proposed that public officers travelling locally for work receive a flat allowance of P1500 per day. Up to P900 of this amount is strictly for accommodation and requires receipts from licensed hospitality establishments while the remaining P600 is allocated for food and incidentals, which officers are not required to account for with receipts.
