A High Court ruling has put Government’s revised local per diem plans on hold, ordering fresh consultations with six public-sector unions before any final decision is made.
SESUPO RANTSIMAKO
The Lobatse High Court has stopped Government from implementing its revised local per diem arrangement from 1 September 2026 for public officers covered by six recognised trade unions, pending meaningful consultations with organised labour.
Rollout Halted
Delivering judgment in a case in which six public-service unions challenged Government over the implementation of the local per diem arrangement, Lobatse High Court Judge Michael Montsho directed Government not to implement the controversial arrangement in respect of members of BOPEU, BONU, BTU, BLLAHWU, Botswana Doctors Union (BDU) and BOSETU who are entitled to union representation in collective bargaining, as well as public officers in D-band and below.
Bargaining Dispute
The court intervention is the latest development in a dispute that has been building since Government moved to revise local per diem arrangements.
The dispute intensified after Government issued a savingram on 30 June 2026 introducing revised local per diem measures, with unions accusing Government of moving ahead with changes to employees’ conditions of service before negotiations had been concluded.
The unions argued that matters affecting employees’ conditions of service should first be negotiated and agreed through the Public Service Bargaining Council (PSBC), warning that unilateral implementation would undermine the collective-bargaining process.
Plan Suspended
The dispute later spilled into further engagements between Government, the Directorate of Public Service Management (DPSM) and public-sector unions. In July, Government announced that implementation of both the Leadership Transformation Programme and the Local Per Diem arrangements had been suspended following engagements with the unions.
Despite the suspension, the dispute continued. Public-sector unions later halted a Government meeting on the Leadership Transformation Programme, insisting that the matter could not proceed until it had been subjected to formal negotiations between Government and organised labour.
Written Reasons
Judge Montsho has now ordered Government to provide the unions with written reasons for the proposed changes to the local per diem arrangement and the Leadership Transformation Programme.
Government is required to submit the reasons to the unions by close of business on 19 August 2026, giving them an opportunity to formally respond to the proposed changes.
Talks Deadline
The court has given the unions until close of business on 26 August to make their representations on Government’s reasons and proposals. The parties must then meet on or before 28 August to discuss their respective positions before DPSM makes a final decision on the proposed changes to the local per diem arrangement.
Judge Montsho further directed that, should disagreements remain after the consultations, either party may invoke the dispute-resolution mechanisms provided for under the applicable recognition agreement.