Employees win big against Ministry of Agriculture
Six disgruntled employees in the Ministry of Agricultural Development and Food Security have succeeded in their court bid seeking the review and setting aside of the decision of Permanent Secretary, in which two employees were promoted unlawfully.
In delivering his judgement on the 5th of December last month, High Court Judge Komboni, came to the conclusion that the procedure followed by the Permanent Secretary in making the appointments contravened Section 7(c) of the Public Service Act. The application which was made by 1st applicant, John Mthetho, 2nd applicant Tobin Phirinyane, 3rd applicant Gothusaone Mathiba, 4th applicant Inspector Phineas Moloi, 5th applicant Eric Mesho and lastly Sala Keipidile, sought a declaratory to the effect that where a post exists within a government ministry, public officers within the ministry who qualify to take up the position are entitled to be considered for it.
A further declaratory was sought to the effect that the 1st respondent (Permanent Secretary), acted unlawfully in failing to consider the Applicants for the positions to which 3rd respondent Aubrey Ranko and 4th respondent Jeffrey Balogi were promoted. Both Ranko and Balogi were, until the promotions which are sought to be set aside and reviewed, employed as Principal Scientific Officers in the Ministry of Agricultural Development and Food Security. They are currently occupying positions of Chief Scientific Officers at D1 job grade or scale. The basis of the review application aforesaid is that the promotions of both Ranko and Balogi were done in contravention of the Public Service Act Cap 26:02 and the General Orders.
While presenting the facts, High Court Judge Komboni said the 3rd respondent in the matter, Aubrey Ranko was promoted to the position of Chief Scientific Officer D1 grade to occupy the position of Farm Manager at Lobu Farm, following a presentation to the Promotion’s Board of the Ministry of Agricultural Development and Food Security by Dr. Phillemon- Motsu, the Director of Animal Production, on the 30th May 2018. Ranko was therefore hand- picked for the position without competition arising from other officers such as the Applicants.
According to Judge Komboni, the 4th respondent Jeffrey Balogi was appointed to the position of Chief Scientific Officer following an interview by the Promotions Board of the Ministry of Agricultural Development and Food Security on the 5th June 2018. He competed for this position with another officer, Motshegetsi Senku.
The Judge said from the record filed by the respondents, as reflected in the minutes of the promotion’s board on the 30th May 2018, it is clear that the 2nd Applicant being Tobin Phirinyane had submitted a grievance regarding the hand picking of Aubrey Ranko for the post and when this issue was raised by the board Dr. Phillemon Motsu stated that though most officers have similar qualifications as Ranko, the latter had vast experience and strong competencies and further that he is also mature, reliable and trustworthy.
It is these appointments on promotion of Aubrey Ranko and Jeffrey Balogi that triggered the application for review. The judge said it is now settled in the jurisprudence of Botswana that the well- established grounds for review of administrative or executive action are an illegality, irrationality and procedural impropriety. The court further settled that the court in a review application does not act as a court of appeal to enquire into the merits of a decision made by the person empowered to make that decision by statute.
The circumstances under which a declaration of rights or instances where declaration of rights can be granted by a court were ably summarized by the court of appeal in the case of Motlhala v Attorney General 2006 (1) BLR 282 at page 288 G-H where the following words of Zeitsman J.A appear;
“(a) In terms of the Roman Dutch Law the declaratory order can be granted provided that there is an alleged infringements of rights and concrete controversy between the parties;
(b) The court will not give advice or pronounce upon abstract questions were no concrete advantage will accrue to the applicant if the application is granted;
(c) A declaratory order can be granted where consequential relief can be claimed but it is not claimed. However, the court has discretion and will in general not deal with matters piecemeal; and
(d) A declaratory order will not be granted if it does not decide finally an issue between the parties. The order so granted must be hiding in the sense of being res judicata”.
Section 7(c) of the Public Service Act provides that; “In making decisions in respect of the appointment, or other matters affecting human resource management every appointing authority and every supervising officer shall treat employees fairly and shall not subject any employee to nay arbitrary or capricious administrative decision”.
Clause 8.4.2 of the Public Service General Orders provides that; “If the post is one that can be filled by the promotion of a serving officer within the ministry department, the permanent secretary will include in his report the name of the officer he recommends for promotion for the post and will furnish to the appointing authority his record of service. He will also forward the name of any other officers who will be passed over if his recommendation was accepted and he will give in full the reasons for his recommendation”.
It was argued on behalf of the Respondents that they acted in terms of paragraph 8.3.3 of the General Orders which states that “in selecting candidates for appointment the main consideration is the efficiency of the public service”. It is then argued that in making the appointments, the Permanent Secretary considered the said efficiency of the public service. In reaching the conclusion the Judge came to the conclusion that the procedure followed by the Permanent Secretary in making the appointments contravened Section 7(c) of the Public Service Act.
It was also concluded that the Applicants who held same qualifications and positions with both Ranko and Balogi were not treated fairly and the decision to exclude them from the promotion process was arbitrary and capricious. It is clear from the record that not only did the applicants hold similar positions and qualifications with Ranko and Balogi but in respect to some of the Applicants, they hold Master of Science Degrees, whereas they hold Bachelor of Science Degrees only, the court established.
It is also clear from the record that the average performance in percentage terms of some of the applicants exceed those of Ranko and Balogi. The Judge said from the papers it is clear that the applicants are not saying that they should have been the persons appointed. They are saying that they should have been given an opportunity to compete for the promotion in view of the above mentioned provisions of the Public Service Act and General Orders read together with their qualifications.
“I therefore come to the conclusion that the applicants have made a case for the orders they seek,” the Judge said. The Judge therefore made orders that; the decision of the Permanent Secretary to promote both Aubrey Ranko and Jeffrey Balogi be reviewed and set aside; declared that where a post exists within a government ministry, public officers within the ministry who qualify to take up the position are entitled to be considered; declared that the Permanent Secretary acted unlawfully in the failing to consider the Applicants for the positions which both Ranko and Balogi were promoted to and lastly ordered that Permanent Secretary and Ministry pay the costs of the application.
When questioned by WeekendPost, some employees of the Ministry of Agriculture who spoke on conditions of anonymity, revealed that some of the applicants are being intentionally sidelined by their superiors because they feel threatened. “For example, John Mthetho and Tobin Phirinyane are both reading for their final year in Doctorate so they pose a big threat to their bosses. At the same time they have critical analytical skills in their respective fields but they have since been grounded.
The idea is to frustrate them so that they leave voluntarily,” said an insider. Another employee said in their Ministry the bosses have introduced a divide and rule policy whereby you have to align to a certain faction in order to get all the favors including promotions and international trips. “It is not surprising that when they started pursuing the matter, some of them dropped along the way because they were promised incentives”.
At the time of going to press Attorney Chillisa M.M appearing with Attorney Modise S wrote to the Attorney General’s Chambers to state the time frame in which the orders of the high court including the review of the decision of the Permanent Secretary to review and set aside the promoted Ranko and Balogi be effected because nothing has been done to date. The respondents were represented by attorney Nkau R.D.
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.