An assessment of private security sector adherence to Botswana employment law

Abstract

This paper seeks to evaluate and analyse the non-adherence of Private Security Companies (PSC's) to Botswana employment laws and further establish the underlying factors causing this deviance. The performance of the government as the main regulating authority of the private security sector will be discussed and analysed as well as the impact of other stakeholders such the Directorate of Intelligence Services (DIS), Ministry of Labour and the Security Association of Botswana. The previous security guard controller regulation as well as the recently adopted Private Security Services Act in 2018 contribution to the plight of security guards will be discussed. The paper will base its approach on a pluralism framework known as the systems theory which understands industrial relations as a sub system of a wider social system which is governed by rules and regulations (Rogowski, 2000). Specific clauses of the Employment Act which PSC's violate will be discussed in detail and these include wages payment and unauthorized wage deductions, failure to provide adequate uniform and equipment to workers, terminal benefits payment, unlawful termination of employment contracts, failure to provide workers with employment contracts. Past cases from the Industrial Court of Botswana will be cited to demonstrate practical cases of non-compliance to employment laws by PSC's