Regulation 30E of the Emergency Covid Regulations had the effect of suspending employer’s ability to dismiss or retrench employees during the State of Emergency. This was a commitment made by Government and endorsed by the National Assembly in April of 2020.
On the 9
th April 2021, a year after the coming into force of these regulations, Debswana Diamond Company was permitted by the Government of Botswana, a shareholder in the Company, to terminate Majwe Mining Joint Venture’s Cut-9 project contract under the guise of Citizen Economic Empowerment. This was despite the contract still remaining with five (5) years. Consequently 580 workers lost their jobs. The termination of Majwe contract was equivalent to an indirect retrenchment which violated the Emergency Covid Regulations.