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BSE lifts Collins Newman suspension

Botswana Stock Exchange (BSE) has re-admitted local law firm Collins Newman & Company into the list of its registered advisers after suspending the legal practice early this year. In a circular made public on the 28th of March 2019, the Thapelo Tsheole led stock market officially announced the suspension of the law firm.

Collins Newman, run by prominent lawyer Parks Tafa, was this year entangled in court cases as it fought for its blood, following a decision by the Law Society of Botswana (LSB) not to award the legal practice with a license for this year. LSB further made an application to have the firm placed under curatorship.

Consequently the Master of the High Court appointed a curator to take control and administer the trust funds under Collins Newman & Co. The Deputy Registrar and Master of the High Court of Lobatse, Takura Charumbira then appointed George Simanga, a certified auditor of the Abson Partners, as curator to take control and administer the trust accounts of Collins Newman.

Tafa and his law firm then moved an application to be put back on the legal practitioners’ roll as well as be issued with Practicing Certificates and Fidelity Fund Certificates, prior to being struck off the roll by LSB insisting that they had failed to produce audited reports. In a case before Lobatse High Court Judge R.N.M Lekorwe, Collins Newman and Company were represented by Advocate Paul Kennedy by instruction of Attorneys Ms Makati-Mpho and Ms KT Kebotse, while the Law Society of Botswana was represented by Advocate John Peter with Advocate M Garebatho under instruction of Attorney Mr K Botlhole.

The court then ruled that the decision of the third respondent refusing to issue Collins Newman and Company and Parks Tafa with Fidelity Fund Certificate(s) be reviewed and set aside. Law Society of Botswana was then ordered to issue Collins Newman and Company with Fidelity Fund Certificate(s) for the year ending 31st December 2019.The Sixth Respondent was also ordered, upon presentation of the Fidelity Fund Certificate(s) and payment of the prescribed fees, to issue Practicing Certificates to the First Applicant/Collins Newman and Company and restore the applicant’s names to the register/roll in terms of Section 32 (5) of the Legal Practitioners Act.

Judge Lekorwe further ruled that the order issued by Takura Charumbira in his capacity as the Deputy Registrar and Master of the High Court on the 4th July 2019 be set aside. The First, Second and Third were also ordered to pay all costs for  application and those associated with the defective curatorship proceedings jointly and severally, the one paying the other(s) to be absolved.

BSE this week in a circular dated 17 December 2019, announced that in terms of the High Court Judgment dated 30 August 2019, in which the Registrar of High Court was ordered to issue Collins Newman with practicing certificates, the latter’s suspension has been lifted consequently re-admitting the firm into the List of BSE Registered advisers as it is now fully compliant.

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Government sitting on 4 400 vacant posts

14th September 2020
(DPSM) Director Goitseone Naledi Mosalakatane

Government is currently sitting on 4 400 vacant posts that remain unfilled in the civil service. This is notwithstanding the high unemployment rate in Botswana which has been exacerbated by the recent outbreak of the deadly COVID-19 pandemic.

Just before the burst of COVID-19, official data released by Statistics Botswana in January 2020, indicate that unemployment in Botswana has increased from 17.6 percent three years ago to 20.7 percent. “Unemployment rate went up by 3.1 percentage between the two periods, from 17.6 to 20.7 percent,” statistics point out.

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FNBB projects deeper 50 basis point cut for Q4 2020

14th September 2020
Steven Bogatsu

Leading commercial bank, First National Bank Botswana (FNBB), expects the central bank to sharpen its monetary policy knife and cut the Bank Rate twice in the last quarter of 2020.

The bank expects a 25 basis point (bps) in the beginning of the last quarter, which is next month, and another shed by the same bps in December, making a total of 50 bps cut in the last quarter.  According to the bank’s researchers, the central bank is now holding on to 4.25 percent for the time being pending for more informed data on the economic climate.

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Food suppliers give Gov’t headache – report

14th September 2020
Food suppliers give Gov’t headache

An audit of the accounts and records for the supply of food rations to the institutions in the Northern Region for the financial year-ended 31 March 2019 was carried out. According to Auditor General’s report and observations, there are weaknesses and shortcomings that were somehow addressed to the Accounting Officer for comments.

Auditor General, Pulane Letebele indicated on the report that, across all depots in the region that there had been instances where food items were short for periods ranging from 1 to 7 months in the institutions for a variety of reasons, including absence of regular contracts and supplier failures. The success of this programme is dependent on regular and reliable availability of the supplies to achieve its objective, the report said.

There would be instances where food items were returned from the feeding centers to the depots for reasons of spoilage or any other cause. In these cases, instances had been noted where these returns were not supported by any documentation, which could lead to these items being lost without trace.

The report further stressed that large quantities of various food items valued at over P772 thousand from different depots were damaged by rodents, and written off.Included in the write off were 13 538 (340ml) cartons of milk valued at P75 745. In this connection, the Auditor General says it is important that the warehouses be maintained to a standard where they would not be infested by rodents and other pests.

Still in the Northern region, the report noted that there is an outstanding matter relating to the supply of stewed steak (283×3.1kg cans) to the Maun depot which was allegedly defective. The steak had been supplied by Botswana Meat Commission to the depot in November 2016.

In March 2017 part of the consignment was reported to the supplier as defective, and was to be replaced. Even as there was no agreement reached between the parties regarding replacement, in 51 October 2018 the items in question were disposed of by destruction. This disposal represented a loss as the whole consignment had been paid for, according to the report.

“In my view, the loss resulted directly from failure by the depot managers to deal with the matter immediately upon receipt of the consignment and detection of the defects. Audit inspections during visits to Selibe Phikwe, Maun, Shakawe, Ghanzi and Francistown depots had raised a number of observations on points of detail related to the maintenance of records, reconciliations of stocks and related matters, which I drew to the attention of the Accounting Officer for comments,” Letebele said in her report.

In the Southern region, a scrutiny of the records for the control of stocks of food items in the Southern Region had indicated intermittent shortages of the various items, principally Tsabana, Malutu, Sunflower Oil and Milk which was mainly due to absence of subsisting contracts for the supply of these items.

“The contract for the supply of Tsabana to all depots expired in September 2018 and was not replaced by a substantive contract. The supplier contracts for these stocks should be so managed that the expiry of one contract is immediately followed by the commencement of the next.”

Suppliers who had been contracted to supply foodstuffs had failed to do so and no timely action had been taken to redress the situation to ensure continuity of supply of the food items, the report noted.

In one case, the report highlighted that the supplier was to manufacture and supply 1 136 metric tonnes of Malutu for a 4-months period from March 2019 to June 2019, but had been unable to honour the obligation. The situation was relieved by inter-depot transfers, at additional cost in transportation and subsistence expenses.

In another case, the contract was for the supply of Sunflower Oil to Mabutsane, where the supplier had also failed to deliver. Examination of the Molepolole depot Food Issues Register had indicated a number of instances where food items consigned to the various feeding centres had been returned for a variety of reasons, including food item available; no storage space; and in other cases the whole consignments were returned, and reasons not stated.

This is an indication of lack of proper management and monitoring of the affairs of the depot, which could result in losses from frequent movements of the food items concerned.The maintenance of accounting records in the region, typically in Letlhakeng, Tsabong, and Mabutsane was less than satisfactory, according to Auditor General’s report.

In these depots a number of instances had been noted where receipts and issues had not been recorded over long periods, resulting in incorrect balances reflected in the accounting records. This is a serious weakness which could lead to or result in losses without trace or detection, and is a contravention of Supplies Regulations and Procedures, Letebele said.

Similarly, consignments of a total of 892 bags of Malutu and 3 bags of beans from Tsabong depot to different feeding centres had not been received in those centres, and are considered lost. These are also not reflected in the Statement of Losses in the Annual Statements of Accounts for the same periods.

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