The High Court has cleared the government to continue rolling out its Leadership Transformation Programme to executive-level public servants.
The development follows a settlement agreement entered into before Justice William Moncho of the Lobatse High Court.
Under the agreement, government is barred from implementing the Leadership Transformation Programme for public officers who are members of the applicant unions, are eligible for representation during collective bargaining, and/or fall within the D-band and below.
However, the settlement gives government the green light to continue implementing the programme for executive membership of the public service who are eligible to utilise the platforms and opportunities created by the programme.
The six unions, 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 had challenged aspects of government’s proposed changes including the Leadership Transformation Programme and new local per diem arrangements.
The settlement does not resolve the fundamental disagreement between the parties over whether the two initiatives should have been subjected to negotiation or merely consultation.
Instead, the parties agreed to put implementation on hold for unionised workers while consultations take place.
The agreement states that government “shall be at liberty to continue implementing” the Leadership Transformation Programme in respect of executive membership of the public service eligible to utilise the platforms and opportunities arising from the programme.
The agreement directs government not to implement the new per diem arrangement for public officers represented by the unions or public officers in D-band and below until meaningful consultations have taken place.
The settlement provides an immediate shield against implementation of the programme among their members and public officers in D-band and below.
Government has agreed not to implement the programme against those employees pending meaningful consultations.
The same protection applies to the proposed local per diem arrangement, which was scheduled to commence on 1 September 2026.
The agreement directs government not to implement the new per diem arrangement for public officers represented by the unions or public officers in D-band and below until meaningful consultations have taken place.
The settlement states that the two sides remain poles apart on whether the initiatives are matters requiring negotiation or simply matters requiring consultation.
They also failed to agree on whether government had breached any duty of consultation owed to the unions. Rather than allowing those issues to derail the process, the parties agreed to a structured consultation timetable.
The Director of the Directorate of Public Service Management has been ordered to provide the unions, in writing, with the reasons behind the proposed changes to both the local per diem arrangement and Leadership Transformation Programme by 19 August 2026. The unions will then have until 26 August 2026 to respond to the government’s reasons and proposals.
The parties must meet by 28 August 2026 to discuss their respective positions before a final decision is made on the proposed local per diem changes.
For the Leadership Transformation Programme affecting public officers at D1 and below, a meeting must be convened by 28 September 2026, after which a final decision will be made.
The settlement further provides that where disputes arise, either party may invoke dispute-resolution mechanisms contained in their recognition agreements.
