BY HARRIET CHIKANDIWA HEALTH and Child Care deputy minister John Mangwiro has defended the Health Services Bill saying it is meant to protect health professionals’ labour rights and freedoms.
The Health Services Amendment Bill is now at the Second Reading Stage in the National Assembly.
Health workers, however, view the Bill as repressive because it restricts their rights to engage in collective job action and proposes a punishment of up to three years for going on strike.
“Section 16A of the Health Service Amendment Bill is not prohibiting the health workers from going on strike, but is only restricting as directed by section 65(3) of the Constitution,” Mangwiro said.
“Section 16A is providing health workers with more labour rights and constitutional freedoms than the current Labour Act through SI [Statutory Instrument] 137 of 2003. The Health Services Amendment Bill should not be withdrawn as it provides health workers better labour rights and freedoms than the prevailing legal framework.”
Mangwiro said the Constitution had restricted the rights to strike for purposes of protecting the essential services, in this case the health service, adding that there has to be a mechanism to enforce the law.
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“Section 16A(3) is meant to provide the enforcement mechanism. The Labour Act does not prohibit essential workers from going on strike, but it only restricts, primarily the duration of the strike in order to save human life in terms of section 48 of the Constitution which provides for the right to life.
“The Labour Act through SI 137 of 2003 has other categories of professionals listed as essential services, and the alignment of those categories will be conducted through various appropriate pieces of legislation.
“Section 16A(2)(b) is allowing health workers to embark on collective job action, albeit for an un-interpreted period of up to 72 hours, which is a marked improvement from the Labour Act SI 137 of 2003 which completely prohibits health workers from conducting strikes.”
Mangwiro further indicated that health services were highly specialised and technical, hence the several monetary and non-monetary benefits being implemented to retain health professionals.
“Recently, there was a 100% salary increment and health specific allowances pegged on the interbank rate. In addition, there are allowances that are paid in US dollars,” Mangwiro added.
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