University Botswana Journals
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JUDICIAL STRIDES TOWARDS FOSTERING SECURITY OF EMPLOYMENT IN NIGERIA
Full text linkOne fact that has gained legal notoriety under Nigerian master-servant employment practice is that the employee is subject to the agreed termination process as stated in the contract. On the other hand, the employer can terminate the contract of employment for no reason at all or for any reason. Thus, it would suffice if the employer was to simply say to the employee, “your services are no longer required” and he will be absolved of the need to disclose the underlying reason for the disengagement. The Courts in Nigeria have usually given judicial endorsement to this fluid state of affairs to which tenure of employment had been subjected as evident in the plethora of cases handed down by them in support of this position. However, with the debut of the Constitution of the Federal Republic of Nigeria, 1999 (Third Alteration) Act, 2010, the National Industrial Court of Nigeria (NICN) became imbued with expanded exclusive original civil jurisdiction over labour and employment matters. This newly invested status of the NICN empowered it to apply international best practices (IBPs) in labour, employment and industrial relations matters which come before the court for adjudication. The NICN has become an agent of change in turning the tide against nonstandard working conditions and unwholesome labour practices by holding that it is no longer fashionable under IBPs not to give valid reason (s) for termination. This paper, through doctrinal method, examines the impact of this new posture on the law of termination of employment in Nigeria vis-à-vis the hitherto common law position. It found that this posture, though plausible, is yet to be ratified by the Court of Appeal (CA) whose decisions are contrary to it. The paper recommends that the CA should align with this NICN’s paradigm shift – as a stand-in-the-gap measure in the short run – in order to foster the dire need of security of employment in Nigeria
Presidential Succession Politics in Botswana: An Appraisal Khama-Masisi Transition
Full text linkPeaceful presidential transitions have been the hallmark of Botswana’s democracy since the country’s independence in 1966. This was in stark contrast to other African countries where leaders overstayed in power and transitions were often conflictual. For most of the postindependence era, Botswana and Mauritius were exceptions to the trend, and Botswana was held in high regard as an exemplar of democracy in Africa. Political power transitions occurred seamlessly between presidents, albeit under one-party dominance. This paper revisits succession politics in Botswana and argues that the long-established practice of smooth presidential succession was interrupted by General Ian Khama’s quest to preserve the Khama dynasty after his mandatory 10-year presidential term ended in April 2018. The paper shows that the preservation of a Khama dynasty was to be founded on Khama’s reign, which was akin to hyper-presidentialism but aided by the country’s Constitution. Khama deviated from the practices of other former presidents by choosing not only to openly and strongly criticize his successor but also to remain actitively engaged in party politics in a bid to dislodge his chosen successor, Mokgweetsi Masisi. 
ASSESSING PROFESSIONAL DEVELOPMENT STRATEGIES USED BY EARLY CHILDHOOD EDUCATORS IN SELECTED PRIVATE PRESCHOOLS IN GABORONE
Full text linkProfessional development (PD) is deemed as instrumental in enhancing the skills, knowledge, andabilities of educators in early childhood education (ECE) programs. This study assessed the PDstrategies used by early childhood educators in selected private preschools in Gaborone, Botswana.The research aimed to identify the strategies employed, the challenges faced, and the educators'perceptions of these strategies. Using a qualitative descriptive design, the study gathered datathrough interviews with six educators and three administrators from three private preschools inGaborone. Findings revealed that PD strategies used included both internal activities (in-housetraining, mentorship, team building, and personality tests) and external activities (workshops, shortcourses, first aid training, and long-term studies). The challenges identified by this study includedlack of funds, legal restrictions, inflexible work schedules, language barriers, educators' disinterest,reluctance to attend workshops on weekends, and insufficient communication of early childhoodeducators’ needs. This study expands the current knowledge on early childhood PD by bringinginsights from Botswana
EXPLORING ITEM ESTIMATORS’ PARAMETER AND BLOOMS TAXONOMY FOR MARKING AND GRADING ASSIGNMENTS IN HIGHER EDUCATION INSTITUTIONS: A CASE OF BOTSWANA
Full text linkThe purpose of this study was to explore item estimators’ parameter and Blooms Taxonomy formarking and grading assignments in higher education institutions in Botswana. This approachhelped in constructing, validating assignment items, as well as in marking, scoring, grading andanalyzing the marks. The study examined how these parameters assisted the lectures in markingand grading of twenty (20) assignment papers. This study used a qualitative approach to gathernon-numerical data from the eight lecturers who were purposively sampled as there were expertisein the area. Four lectures marked ten assignment papers for module A and the other four lecturesmarked ten assignment papers for module B. Twenty (20) assignment papers were selected froma total of forty-four (44) from two modules for the fourth-year students. The case study researchdesign was used to produce a comprehensive understanding of the marking and grading processfor twenty scripts from each module. Lecturer interpretations of the marks were conducted afterdocument analysis of the marked scripts and used rubrics. Thematical analysis were then employedto examine the information gathered from the eight lecturers who were interviewed regarding theitem estimators’ parameter and Blooms Taxonomy approach in assignment marking and grading.Four themes emerged as; simplicity, flexibility, accuracy, and speed as compared to alternativeapproaches in rubric 1-3. This approach was found to be effective as it made the marking andgrading task less demanding, fair, well-organized and simple to use. In conclusion, the studypresent solid evidence suggesting that the use of an approach for marking and grading assignmentitems based on Bloom's Taxonomy and Item Response Framework is a useful and effective toolin the context of marking, scoring, grading, and analyzing the marks. Its implementation ininstitutions of higher learning is recommended to improve the quality and reliability of assignmentitems and to promote more effective marking and grading
LEARNER PERFORMANCE IN BOTSWANA AND BEYOND: A CRITICAL REFLECTION
Full text linkThis article reflects on concerns about poor performance of learners in schools in Botswana and internationally by exploring research on learner performance locally, regionally, and abroad. It reports on factors that contribute to low academic achievement including lack of parental involvement, poor support to the teachers, and poor school leadership and management skills. It also presents intervention strategies used in Botswana including the provision of trained and qualified teachers, implementation of performance reforms such as performance management system (PMS), school-based professional development activities and parental involvement in learning and teaching. The study further avers that there may be other possible interventions such as classroom interaction and learner-centeredness. The study is based on a critical assessment of the diverse perspectives observed in the literature and seeks to problematize poor learner performance and presents it as an issue that needs concerted examination. It is hoped that policy makers, educators, curriculum developers and other relevant stakeholders in the education fraternity would take note of concerning student performance and make relevant, practical recommendations to improve the situation
Protection Of The Rights Of Employees In Insolvency Law: A Zimbabwean Perspective
Full text linkInsolvency law in Zimbabwe has undergone a legal metamorphosis from the colonial period to post independence. The evolution of insolvency law in Zimbabwe has been largely driven by socio-economic and political forces. Suffice to underscore that before the enactment of the comprehensive Insolvency Act by the Parliament of Zimbabwe in 2018, legislation dealing with insolvency was scanty if not piecemeal. One ubiquitous gap that was characteristic of the old insolvency law was the absence of clear-cut legal provisions for the protection of employees as there was a deafening silence in the law. The lacuna that existed in the law is what prompted the legislature to come with a comprehensive Insolvency Act which plugs yawning gaps that were axiomatically evident in the old law. The cardinal importance of the legal protection of employees during crisis times like insolvency cannot be overemphasised because any raw deal for employees militates against the dictates of labour rights deeply rooted in social justice and equity in society. Thus the new insolvency legislation ring-fences employees by giving them some special priority consideration during times of insolvency, making this legislative intervention highly commendable
REVISITING SPECIAL AND DIFFERENTIAL TREATMENT PROVISIONS IN THE WORLD TRADE ORGANISATION (WTO) DISPUTE SETTLEMENT SYSTEM
Full text linkSpecial and differential treatment (hereinafter S&DT) provisions in the DSU are designed to assist developing countries and least developed countries (LDCs) in the WTO dispute settlement system. These provisions are meant to address the likely disadvantages that these countries would face in a legal dispute against developed countries. The latter have more resources and litigation expertise, hence the need for leveling the play field by providing S&DT provisions in the dispute settlement system. S&DT provisions have been in existence under the GATT dispute settlement system. Currently, the DSU and other WTO Agreements provide some S&DT provisions which may be used in the dispute settlement process. This paper seeks to evaluate the effectiveness of these provisions, whether they have been used and the impact of their use
THE TROUBLED ORPHAN: PROTECTION OF THE PROPERTY INHERITANCE RIGHTS OF ORPHANS THROUGH AFFIRMATIVE ACTION IN BOTSWANA’S 2019 LAND POLICY
Full text linkThe proposed article examines proposals that affirmative action be the route through which inheritance rights of orphans would be effectively protected. These proposals were initially set out in Botswana’s 2015 Land Policy but were carried forward to the 2019 Revised Land Policy. While these proposals were designed to protect the property and inheritance rights of widows and orphans, the focus of this article will be on the protection of orphan inheritance rights. This article builds on concerns highlighted by Ng’ongóla in his article ‘Reflections on Botswana’s 2015 Land Policy’ over the degree to which the 2015 Land Policy addressed problems in Botswana land tenure. While this article will examine the mooted affirmative action proposals which seek to protect the inheritance rights of orphans, it will restrict itself to the proposals contained in the 2019 Revised Land Policy. The premise of this article is that the proposed affirmative action(s) which identify the land and property rights of orphans as deserving of protection may not, on their own, actually do so. A central theme of this article is that affirmative action proposals must take into account ‘the best interests of the child’ laid out in the Children’s Act of 2009. There is however, a tension between the ‘the best interests of the child’ principle and the ‘ring-fencing’ of customary law in personal law in section 15(3) and (4) of the Constitution. There a nuanced intersection between customary law, constitutional protection of customary inheritance rights, patriarchy on one hand and legislation protecting children’s rights, human dignity as well Botho values that are inherent to Botswana on the other hand. Due however to these nuances, this article will be the first of a two-part series interrogating through a legal lens, the affirmative action proposals in the 2019 Revised Land Policy
TEACHER-STUDENT INSTRUCTIONAL COMMUNICATIONS IN A SETSWANA CLASSROOM
Full text linkPoor academic performance the world over is a cause for concern. The abysmal failure of students in public examination has made stakeholders such as governments, teachers, parents, and learners themselves get concerned. Developed counties such as USA have experienced low academic performance in their schools. Similarly, in Africa cases of low performance have been reported. Botswana is not an exception as it has also recorded poor academic performance in different schools. Whilst causes of poor performance may in some cases be known in Botswana, the underlying factors of such causes may be unclear and hence needing to be interrogated. The current study is therefore an attempt to understand the causes of poor academic performance in one region of the country, the Tutume Sub-District, by analysing teacher-student instructional interactions (TSII) in a Setswana classroom in one junior secondary school, and the implication in learners’ academic performance using Flanders Interactional Analysis as the analytical tool. Observational case study was adopted, and purposive sampling technique for participant recruitment was used. The major findings of the study revealed that content cross was the most dominant TSII
Michael Kitso Dingake and the Association of South Africans Living in Botswana
Full text linkSpeaking as a representative of the Association of South Africans in Botswana (ASABO) at the funeral of the African National Congress (ANC) stalwart Dr Michael Kitso Dingake in Gaborone on 14 April 2024, editorial consultant Douglas Tsiako took a sweeping view of Botswana as the most frontline of the Frontline States during South Africa’s tortured struggle for freedom and democracy and cast a harsh light on what he calls ‘eclipses of history over interstices of time’ to find much in the shadows behind the scenes