Govt snail-paced to harmonize Wages Act

MOSA MAOENG

MASERU – Government has been accused of sluggish attempt to harmonize the Labour Act Wages (Minimum Wages) Notice of 2025, published by the Minister of Labour and Employment Tšeliso Mokhosi with the Labour Act of 2024.

This since April 8, leading to SECTION 2 issuing a detailed legal and constitutional critique of the wages act with government having taken no action taken to address the well-defined concerns raised therein till date.

SECTION 2 raised grave concerns about provisions that directly contradict the Labour Act of 2024 and entrench discrimination against women, particularly in the textile, clothing, leather manufacturing and private security sectors.

To date, they claim, there has been no response, no engagement, and no correction of the unjust and unlawful Notice. The silence of the Ministry of Labour in the face of such critical constitutional and human rights issues is deeply troubling.

The Advocates for the Supremacy of the Constitution (SECTION 2) had demanded among others that government amend the Labour Act Wages (Minimum Wages) to align with the Labour Act of 2024.

This comes after the Act was published in March 2025, with the provisions under Section K, ‘Conditions of Employment’ in direct conflict with the Labour Act of 2024, according to SECTION 2.

The Labour Act of 2024, which came into effect in April 2024, establishes a clear framework for maternity leave under Section 191. It guarantees a female worker the right to absent herself from work until her confinement and prohibits her return until at least seven weeks’ post-confinement, extendable to eight weeks if a medical practitioner certifies that she is unfit to return due to illness arising from confinement.

However, in an interview, Minister Mokhosi stated that these kind of issues need to be pushed by unions stating that they usually work with the Tripartite.

He said he is unable to do anything unless the Tripartite sits and discusses these issues then afterwards advice the Minister on what to do.

The Tripartite is made up of three different institutions, government, workers and employers to deal with related labour issues and working conditions. This is provided for by the International Labour Organisation as part of set International Labour conventions.

He, however, stated that he is already working on resolving some of the salary grievances of workers on other sectors.

Mokhosi said the Act was issued after careful agreement between the employers and the employees noting that beforehand, the issue was started by the trade unions who pleaded that there be a minimum wage act because it was in existence especially for the factory workers’ side. He also advised that it is important for SECTION 2 to ask for a face-to-face meeting with him so that they can reach an agreement.

The minister said the Act has a challenge from Basotho employers’ side who believe that the it only applies to foreign employers. He stressed that the minimum Wage Act applies to everyone and it is important that all people abide by it.

According to SECTION 2, the Labour Act of 2024 was a step toward ensuring fairness and equality in the country’s labour sector, however, the Labour Act Wages (Minimum Wages) Notice of 2025, undermines the progress and perpetuates inequity among workers.

Their statement issued on May 1 in commemoration of the International Workers’ Day, SECTION 2 declared that Lesotho cannot meaningfully celebrate workers while condoning discriminatory policies that treat some workers as less deserving of rights and dignity than others. They noted that women in factories, on security shifts, and across precarious sectors form the backbone of the economy of the country.

They said to deny them equal protection is to betray the very values that they claim to celebrate on May 1.

SECTION 2 has once again called upon Minister Mokhosi to amend the Labour Act Wages (Minimum Wages) Notice of 2025, to bring it into full alignment with the Labour Act of 2024, to eliminate all discriminatory distinctions, remove the unconstitutional limit on the number of times a woman can access maternity leave benefits, as well as open meaningful dialogue with trade unions, workers and civil society to create a just and inclusive labour framework that reflects the constitutional values.

SECTION 2 coordinator, Kananelo Boloetse, has highlighted that they want to see the amendments by end of April, and that if there is no progress by then “we will still seek to have a sit-down with the minister of Labour and Employment, Tšeliso Mokhosi, and convince him that in its current form, the notice violates the constitution.”

He said if those fail, something they are not anticipating will come, which is to assist those directly affected to approach the courts.

The minister has also proposed talks with SECTION 2 on the matter.