Directorate of Intelligence and Security Services (DIS) agent Welheminah Maswabi code named ‘Butterfly’, has this week through her attorney, Uyapo Ndadi wrote to Director General of the DIS and Attorney General, a statutory notice of intention to sue in terms of Section 4 of the State Proceedings Act.
According to the notice ‘Butterfly’ is seeking a court order declaring that; the decision of the Director General of the Directorate of Intelligence and Security Services (DIS) contained in a letter dated the 25th November 2019 and the 9th December 2019 stopping her Fixed Overtime Allowance be reviewed, set aside and be declared a nullity because it is unlawful;
Furthermore, that the decision of the Director General still contained in the aforesaid letters, stating that Maswabi should not leave her duty station, without prior authorisation is unlawful, and ultra vires the Constitution of Botswana as it interferes with Maswabi’s right to privacy and also imposes a new term in the contract of employment devoid of her consent.
Butterfly also wants an order that the act to withhold half of her salary and other emoluments on the 14th January 2020 leaving her with a net pay of P0. 00 is unlawful, irrational and unconscionable, consequently embarrassing her financially. Again she wants the decision of the Directorate General or any officer acting under him be corrected or set aside and that her full benefits be paid out forthwith and henceforth.
According to Attorney Uyapo Ndadi, her client was not consulted about the variation of her benefits and the variation is certainly without her consent, which renders the decision unlawful. “The allowances, including overtime allowance, are fixed and not dependent on whether Maswabi has worked or not”.
Ndadi wrote that Section 35 (3) of the Public Service Act provides that an employee’s salary shall not be withheld during the period of his or her suspension. Section 16 (2) of the Employment Act provides that it is the duty of the employer to provide work to the employee and if he fails to provide work the employee shall be paid wages at the same rate as if the employee had performed a full day’s work, whether the employee is or is not released from the workplace. Section 79 (1) of the Employment Act provides that deductions that are not authorized by the employee are prohibited except those provided by the law.
Uyapo Ndadi submits that what also emerges from Maswabi’s advice slip shows that the employer has not paid the Income Tax on the half salary paid, which is also unlawful as it is contrary to the Income Tax and Employment Act. “The claimant is for no unlawful reason being financially embarrassed and her credit worthiness compromised because she would not be able to service her monthly stop orders for loans and other commitments. The claimant hereby intends to institute the proceedings seeking the above orders after the expiry of the statutory notice and will however on an urgent basis seek an interim order compelling full payments in the meanwhile”.
For the avoidance of doubt, Maswabi, if the government does not pay her full salary and benefits by Friday, 24th January 2020 (yesterday), will have no choice but to approach court for a remedy. In a letter dated 25th November 2019, bearing DIS Director General, Brigadier Peter Magosi’s signature, the third paragraph reads, “During the period of interdiction, you shall continue to draw your full salary and all benefits attached thereto except overtime allowance. You are further advised that during the period of interdiction your conduct shall remain subject to Intelligence and Security Services Act and other policy documents governing your employment with the Directorate of Intelligence and Security.
During the period of interdiction, you shall not leave your duty station without prior authorisation. Upon receipt of this letter of interdiction, you are ordered to surrender to your immediate supervisor your identity card and any firearm and ammunition that have been issued to you”. On the 29th November 2019, Maswabi wrote back to Magosi acknowledging receipt of the interdiction letter, however she raised several issues amongst them; questioning the legal basis of stopping her fixed allowance.
According to Maswabi, in law, no such adverse decision is acceptable and Magosi’s decision is consequently unlawful and thus she is affording him the opportunity to reverse it. “My overtime allowance enjoys the same protection in law as my scarce skill allowance,” she said. Welheminah Maswabi also dismissed Magosi’s submissions that she has in her possession a firearm and ammunition. “I advise that I am not in possession of any” she affirmed.
In a letter dated 9th December 2019, responding to Maswabi’s issues Magosi said, payment of overtime is governed by the Conditions of Service (“Conditions”) of the Directorate of Intelligence and Security (“Directorate”). In particular Section 8.2 of the Conditions state that Officers of the Directorate are required to work excess hours and they would earn a fixed overtime allowance. If at any time any employee is continuously not working the overtime, they will cease to earn the allowance.
“It follows then that since you have been relieved from the exercise of powers and carrying out duties as an Officer of the Directorate you will not be required to work overtime and thus not eligible to earn it. I cannot over emphasize the need to abide by the provisions of the Security and Intelligence Act as well as all policy documents governing your employment with the Directorate. If for any reason you have not followed the contents of your letter of interdiction I urge you to do so immediately,” wrote Magosi.
In another letter dated 4th February 2019, confirming Welheminah Maswabi’s confirmation of employment to her bank (FNBB), it states that she earns P 276 780.00 per annum and her allowances are fixed. Welheminah Maswabi’s advisory slip dated 13 December 2019, attached as part of court documents, shows that her basic salary amounts to P 23, 236. 00, Overtime Allowance P 5, 047. 00, Scarce Skill Allowance P8, 832. 80, Special Duty Allowance P 146. 33 and plain clothes allowance P195, 15 and her monthly total earnings was P39, 457. 22.
After total deductions of P17, 089. 42 her net salary was P 22, 357.85. Another salary advice dated 14th January 2020 shows that Maswabi’s basic salary after her salary was slashed by half was P 12, 618. 00 and after total deductions her net salary was P0. 00.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.