On 31 March 2020, His Excellency the President Dr. Mokgweetsi E. K. Masisi declared a State of Public Emergency (“SoE”) which commenced at midnight on 02 April 2020.
Subsequent to his Excellency’s Declaration of the SoE and pursuant to section 3 of the Emergency Powers Act, Law No. 34 of 1966 (Cap. 22:04), Parliament enacted the Emergency Powers (Covid- 19) Regulations, SI 61 of 02 April 2020 (“the Regulations”). The said Regulations were enacted in order to give effect to preventative measures for purposes of mitigating the effects of the Covid-19 pandemic, medically, economically and otherwise during the course of the SoE.
These Regulations are meant to govern inter alia the delivery of essential services, movement of persons locally and internationally and labour relations during the period of the SoE among other things. In particular, the Regulations provided for among others:
- the suspension of retrenchment or dismissal where a business is unable to have employees work remotely from home or where a business is unable to pay salaries;
- the restriction of movement within the country and internationally; and
- the introduction of preventative health measures / covid 19 protocols.
The Regulations are only valid for the duration of the SoE and with the SoE highly likely to come to an end on 30 September 2021, the public is waiting with anticipation and with one question in mind, that is; what will happen when the SoE comes to an end?
Outlined below is what is likely to happen at the end of the SoE.
Suspension of retrenchment or dismissal of employees:
The SoE has presented a unique set of issues in employment relations by suspending the termination of employment or retrenchment of employees by an employer who is unable to have employees work remotely from home or is unable to pay salaries and requiring such employers to cease operations instead.
For most, the suspension of retrenchment and dismissal of employees may seem to have been a measure worth celebrating. For others, it may have been perceived as a disaster waiting to happen . With most people waiting with baited breath for the anticipated end of the SoE, most employers are looking forward to resuscitating their businesses. In essence, the end of the SoE is a glimmer of hope for most employers because they will finally be able to make decisions on whether to dismiss or retrench employees in terms of the relevant provisions of the Employment Act (Cap. 47:01) in particular Section 25.
However, same cannot be said for employees because the end of the SoE means the lifting of the suspension of retrenchments and dismissals. Therefore, we are likely to witness a huge rise in loss of employment, an unfortunate crisis for employees. The unemployment rate in Botswana is likely to skyrocket and with the economy having declined tremendously over the eighteen (18) months of the SoE, it is likely to get worse before it can get better for employees across various sectors.
Restriction of movement within the country and entry into the country:
Following the declaration of the SoE, Covid-19 zones were established to manage domestic movements such that permits are not required to travel within zones but travelers are required to apply for a special permit in order to travel between zones.
In addition to the above, curfew hours were introduced to curb movement and only individuals performing essential services and in possession of a permit are allowed to travel within the
With respect to international travel, anyone leaving the country must produce a negative result from a Polymerase Chain Reaction (“PCR”) Covid-19 test taken no more than seventy – two (72) hours prior to their departure. Persons entering Botswana are required to produce a negative result from a PCR Covid-19 test taken no more than seventy – two (72) hours before arrival. Despite the negative result from a PCR Covid-19 test, a rapid test is also carried out at all points of entry.
With the SoE coming to an end, it is highly likely that there will be amendments to the Public Health Act (Cap 63:01) introducing some measures to curb the spread of Covid-19.
Precautionary health measures:
It is mandatory to maintain a safe physical distance to others at all times and to wear a face mask in all public spaces. Funerals, weddings and religious services are permitted with a limited number of attendees for a limited duration of two (2) hours. The Regulations imposed a penalty for failure to comply with the precautionary health measures.
As stated above, it is likely that at the end of the SoE, there will be amendments to the Public Health Act for purposes of managing the spread of Covid-19 since the vaccine rollout is still at its infancy.
If you are not sure how the probable lifting of the SoE will impact your business, contact us for legal advice. We are available at your convenience to offer any legal advice inclusive of employment and labour relations advice and we remain your one-stop shop for creative legal solutions to any problem.
Be well, stay safe, continue to adhere to Covid-19 protocols and remember that the lifting of the SoE does not mean the end of Covid-19.
For further information contact Kelebileone Malefo kelebileone@bookbinderlaw.co.bw or Yemulani Alfred yemulani@bookbinderlaw.co.bw