South African banks, Nedbank and Absa, have vehemently criticized state evidence against one DIS agent code named “Butterfly” or Welheminah Maswabi in a case in which she is alleged to be responsible for P4.2 billion that went missing at the Bank of Botswana.
The case also implicates former President Ian Khama and former DIS director general Isaac kgosi. Khama has since disposed an affidavit in support of Maswabi rubbishing the State case and registering a ‘come get me’ attitude. Welheminah Maswabi was earlier last month arrested on three counts; financing terrorism (on account of claims that she transferred from an offshore account the sum of P29 million to former DIS spy Chief Isaac Kgosi, in January this year); possession of different passports and; falsifying her names to Lorato Hilton.
Upon her arrest, Maswabi made an application with the Gaborone High Court for bail which was denied without doubt, as the State found her a possible flight risk. The State brought laden evidence against the accused after the court was told that the accused had an enormous sum of P360 million in her different personal accounts. Maswabi- in her personal capacity was also allegedly accused as one of the signatories of Blue Files (PTY) Ltd.’s Royal Bank of Scotland, a bank account held in S.A facilitated the commission of an act of terrorism by transferring an amount of 950000. 00 American Dollars to Isaac Seabelo Kgosi, who earlier this year upon his arrest threatened to commit acts of terror against Botswana.
The State brought before courts bank statements that showed how the money was transferred from on offshore account to another. They further sought with the court to be given time to seek legal assistance for admissible evidence which will be used during trial. This publication is in possession of affidavits from the alleged banks denying any knowledge or trace of the alleged bank accounts.
In their opposing affidavit, Nedbank states that “the opposing affidavit references accounts in the names of Blue Files (Pty) Ltd and Fire Flies (Pty) Ltd, are non-existent accounts. After conducting a search on our Nedbank systems, we have been unable to find any accounts in those names, nor any accounts with the mentioned account numbers.” Absa Bank also denied having any record of any account with designated account numbers nor account names. They further inquired that the document obtained by the State as evidence does not appear as Absa generated document.
One of the investigators engaged by Maswabi’s legal representatives, Johaan Minaar has also revealed in a report possessed by this publication that the emails used by the State as evidence against the accused are also fraudulent, based on the vast differences between the attached email and those which are relied upon by the High Court. The report alleged that the messages attached as evidence by the State appear to be fraudulent, as they could very easily have been produced by a word processor such as Microsoft Word, in order to provide veneer of authenticity to those emails which are relied on in the High Court.
The investigation company pointed out that unless the original electronic version of the email messages set out as annexures to the High Court application can be produced and authenticated, the annexures have no evidentiary values presented as they are presented to the relevant Tribunal in isolation as the original source data/document is not available for verification, further scrutiny and examination.
Upon establishing whether or not Royal Bank Scotland, Blue Files Inc. and Fire Flies were South African registered companies, the investigating team could not positively verify the entities. They however stated that they conducted searches on two public registries, namely the Companies and Intellectual Property Commission in South Africa and Dun & Bradstreet (a similar registry in Botswana) and the search strings submitted to conduct such queries were as follows; Royal Bank, Blue File and Fire File.
Khama Labels claims against Maswabi as Nonsensical
Former President Lieutenant General Dr Seretse Khama Ian Khama, being one of those implicated in the matter, also testified against the State labelling the allegations as false, fictitious and clearly nonsensical. In his written affidavit he denies ever instructing the Bank of Botswana whilst serving as the President of Botswana, to open any special unit accounts. He further denied any knowledge of instruction by Kgosi instructing Bank of Botswana to open any account.
“I expect in any banking environment or in any financial institution, instructions of the nature alleged by Hubona must necessarily be recorded for, among many reasons, audit evidence. It would therefore be very easy for the State to obtain evidence of such instruction and disclose it to the court.” Khama warned the Court in his affidavit-that in support of which application he is advised- that his affidavit will be used, the court should know that Mr. Jako Hubona’s conduct of fabricating evidence is actually his personality and character trait.
Hubona has allegedly according to Khama once fabricated evidence by adding extrinsic content to a witness’s sworn statement under a criminal case that was before the Regional Magistrate for the Gaborone Magisterial Region. Jako Hubona is the investigating officer at the Directorate on Corruption and Economic Crime (DCEC) in the matter. Maswabi will once again appear before court on the 27th of November 2019.
SA businessman responds – INK CJ
Meanwhile a South African businessman also implicated in the alleged scam Kgomotso Prince Mokgatlha, of Bassonia Estate in Johannesburg, is accused [in an affidavit filed by the state in the prosecution of intelligence operative, Welheminah Mphoeng Maswabi] of partnering with Kgosi in a company that allegedly received multi million dollars from Botswana.
Mokgatlha said he is a sole signatory of Kgetha Pty Ltd and that he has never met Kgosi or Maswabi. Prosecutors however argue in court papers that Kgosi became a signatory of Kgetha on the 12th of February 2019 with the help of a banker known as Mpule Konopi at Standard Bank. Prosecutors further say Kgetha’s account No. 200904299 was credited with $48 million on the 21st of February 2019. In September 2019 Directorate of Public Prosecution interviewed Mokgatlha in South Africa.
“They were clueless. First they gave me a wrong account number,” he says, arguing further that there is no how that amount of money could have been cleared to his account without the South African Reserve Bank knowing about it. “My account does not have CFC (Customer Foreign Currency) account. Legally all this will not suffice. I found your guys wanting.” He also took the matter into his hands. “I also went to inquire at Forex (Foreign Exchange department at Standard Bank) about the alleged money. They said I don’t have $48 million. There is nowhere Kgosi could have signed in my account.”
Just to be on the safe side, he will never set foot in Botswana even if his name could be cleared. “Your country is nothing but a headache. I have declared myself persona non grata. He finds the current leadership immature and vindictive. “I was born in 1966, but I think I am more mature than your country.” The state cites internal documents from Bank of Botswana that detail 60 transactions between 2008 and 2019 involving more than 12 offshore accounts.
The documents allegedly show that Khama and Kgosi funneled more than $400-million to countries including Indonesia, South Africa, Britain, Scotland, the United States and Hong Kong with Maswabi’s help. The court papers allege that in June 2008, Khama instructed Botswana’s central bank to open three secret accounts and deposited in excess of P908-million (US$90 million) in one, P700 000 000.00 ($70-million) in the second, and P592 million ($60 million) in the third. The Bank of Botswana Act does not permit a president to interfere with business of the reserve bank. (Ink Centre for Investigative Journalism)
As the preparations for the Botswana Democratic Party (BDP) congress are about to kick off, reports on the ground suggest that the party’s Deputy Treasurer Jackdish Shah will not defend the position in August as he contemplates relocation.
According to sources, the businessman who joined the BDP Central Committee in 2015 at the 36th Congress held in Mmadinare is ready to leave the party’s politburo. It is said he long made up his mind not to defend the position last year. A prominent businessman, Shah, when he won the position to assist Satar Dada in 2015 was expected to improve the party’s financial vibrancy. By then the party was under the leadership of Ian Khama.
According to close sources, Shah long decided not to contest because he has fallen out of favour with the party leadership. It is said he took the decision after some prominent businessmen who are BDP members and part of football syndicate decided to push him out and they used their proximity to President Mokgweetsi Masisi to badmouth him hence the decision.
“The fight at the Botswana Football Association (BFA) and Botswana Football League (BFL) has left him alone in the desert and some faces there used their close access to the President to isolate him,” said a source. Media reports say, Shah does not see eye to eye with BFA President MacLean Letshwiti who is also Masisi’s buddy hence the decision.
BFL Chairman Nicholas Zackhem is said to be not in good terms with Shah, who at one point Chaired the then Botswana Premier League (BPL). “He is seriously considering quitting because of what is unfolding at the team (Township Rollers) which is slowly not making financial gains and might be relegated and he wants to sell while it is still worth the investment,” said a highly placed source.
Shah is a renowned businessman who runs internet providing company Zebra net, H &G, game farm in Kasane, cattle farm in Ghanzi region and lot of properties in Gaborone. He also has two hotels in USA, his advisors have given him thumbs up on the possible decision of relocating provided he does not sell some of the investments that are doing well.
Asked about whether he will be contesting Shah could not confirm nor deny the reports. It is said for now it is too early as a public decision will have to be taken after the national council meeting and prior to the national congress. “As a BDP Central Committee member he cannot make that announcement now,” a BDP source said.
BDP is expected to assemble for the National Council during the July holidays while the National Congress is billed for August. It is then that the party will elect a new CC members. The last time BDP held elective congress was at Kang in 2019. The party is yet to issue writ.
The government has failed to implement some commitments and agreements that it had entered into with unions to improve conditions of public servants.
Three years after the government and public made commitments aimed at improving conditions of work and services it has emerged that the government has ignored and failed to implement all commitments on conditions of service emanating from the 2019 round of negotiations.
In its position paper that saw public service salaries being increased by 5%, the government the government has also signalled its intention to renege on some of the commitments it had made. “Government aspires to look into all outstanding issues contained in the Labour Agreement signed between the Employer and recognised Trade Union on the 27th August 2019 and that it be reviewed, revised and delinked by both Parties with a view to agree on those whose implementation that can be realistically executed during the financial years 2022/23, 2023/24 and 2024/25 respectively,” the government said.
Furthermore, in addition to reviewing, revising and de-linking of the outstanding issues contained in the Collective Labour Agreement alluded to above and taking on a progressive proposal, government desires to review revise, develop and implement human resource policies as listed below during the financial year 2022/23,2023/24,2024/25
They include selection and appointment policy, learning and development policy, transfer guidelines, conditions of service, permanent and pensionable, temporary and part time, Foreign Service, expatriate and disciplinary procedures.
In their proposal paper, the unions which had proposed an 11 percent salary increase but eventually settled for 5% percent indicated that the government has not, and without explanation, acted on some of the key commitments from the 2019/2020 and 2021/22 round of negotiations. The essential elements of these commitments include among others the remuneration Policy for the Public Service.
The paper states that a Remuneration Policy will be developed to inform decision making on remuneration in the Public Service. It is envisaged that consultations between the government and relevant key stakeholders on the policy was to start on 1st September 2019, and the development of the policy should be concluded by 30th June 2020.
The public sector unions said the Remuneration Policy is yet to be developed. The Cooperating Unions suggested that the process should commence without delay and that it should be as participatory as it was originally conceived. Another agreement relate to Medical Aid Contribution for employees on salary Grades A and B.
The employer contribution towards medical aid for employees on salary Grades A and B will be increased from 50% to 80% for the Standard Option of the Botswana Public “Officers’ Medical Aid Scheme effective 1st October 2019; the cooperating unions insist that, in fulfilling this commitment, there should be no discrimination between those on the high benefit and those on the medium benefit plan,” the unions proposal paper says.
Another agreement involves the standardisation of gratuities across the Public Service. “Gratuities for all employees on fixed term contracts of 12 months but not exceeding 5 years, including former Industrial class employees be standardized at 30% across the Public Service in order to remove the existing inequalities and secure long-term financial security for Public Service Employees at lower grades with immediate effect,” the paper states.
The other agreement signed by the public sector unions and the government was the development of fan-shaped Salary Structure. The paper says the Public Service will adopt a best practice fan-shaped and overlapping structure, with modification to suit the Botswana context. The Parties (government and unions) to this agreement will jointly agree on the ranges of salary grades to allow for employees’ progression without a promotion to the available position on the next management level.
“The fan-shaped structure is envisaged to be in place by 1st June 2020, to enable factoring into the budgetary cycle for the financial year 2021/22,” the unions’ proposal paper states. It says the following steps are critical, capacity building of key stakeholders (September – December 2019), commission remuneration market survey (3 months from September to November 2019), design of the fan-shaped structure (2 to 3 months from January to March2020) and consultations with all key stakeholders (March to April 2020).
The unions and government had also signed an agreement on performance management and development: A rigorous performance management and reward system based on a 5-point rating system will be adopted as an integral part of the operationalization of the new Remuneration System.
Performance Management and Development (PMD) will be used to reward workers based on performance. The review of the Performance Management System was to be undertaken in order to close the gaps identified by PEMANDU and other previous reports on PMS between 1st September 2019 and 30th June 2020 as follows; internal process to update and revise the current Performance Management System by January 2020.
A job evaluation exercise in the Public Service will also be undertaken to among others establish internal equity, and will also cover the grading of all supervisory positions within the Public Service. Another agreement included overtime Management. The Directorate of Public Service Management (DPSM) was to facilitate the conclusion of consultations on management of overtime, including consideration of the Overtime Management Task Team’s report on the same by 30th November 2019.
A public health expert, Dr Edward Maganu who is also the former Permanent Secretary in the Ministry of Health has said that unlike many who are expressing shock at the population census growth decline results, he is not, because the 2022 results represents his expectations.
He rushed to dismiss the position by Statistics Botswana in which thy partly attributes the low growth rates to mortality rates for the past ten years. “I don’t think there is any undercounting. I also don’t think death rates have much to do with it since the excessive deaths from HIV/AIDS have been controlled by ARVs and our life expectancy isn’t lower than it was in the 1990s,” he said in an interview with this publication post the release of the results.
Preliminary results released by Statistics Botswana this week indicated that Botswana’s population is now estimated to be 2,346,179 – a figure that the state owned data agency expressed worry over saying it’s below their projected growth. The general decline in the population growth rate is attributed to ‘fertility’ and ‘mortality’ rates that the country registered on the past ten years since the last census in 2011.
Maganu explained that with an enlightened or educated society and the country’s total fertility rate, there was no way the country’s population census was going to match the previous growth rates. “The results of the census make sense and is exactly what I expected. Our Total Fertility Rate ( the average number of children born to a woman) is now around 2.
This is what happens as society develops and educates its women. The enlightened women don’t want to bear many children, they want to work and earn a living, have free time, and give their few children good care. So, there is no under- counting. Census procedures are standard so that results are comparable between countries.
That is why the UN is involved through UNFPA, the UN Agency responsible for population matters,” said Maganu who is also the former adviser to the World Health Organisation. Maganu ruled out undercounting concerns, “I see a lot of Batswana are worried about the census results. Above is what I have always stated.”
Given the disadvantages that accompany low population for countries, some have suggested that perhaps a time has come for the government to consider population growth policies or incentives, suggestions Maganu deems ineffective.
“It has never worked anywhere. The number of children born to a woman are a very private decision of the woman and the husband in an enlightened society. And as I indicated, the more the women of a society get educated, the higher the tendency to have fewer children. All developed countries have a problem of zero population growth or even negative growth.
The replacement level is regarded as 2 children per woman; once the fertility level falls below that, then the population stops growing. That’s why developed countries are depending so much on immigration,” he said.
According to him, a lot of developing countries that are educating their women are heading there, including ourselves-Botswana. “Countries that have had a policy of encouraging women to have more children have failed dismally. A good example is some countries of Eastern Europe (Romania is a good example) that wanted to grow their populations by rewarding women who had more children. It didn’t work. The number of children is a very private matter,” said Maganu
For those who may be worried about the impact of problems associated with low growth rate, Maganu said: “The challenge is to develop society so that it can take care of its dependency ratio, the children and the aged. In developed countries the ratio of people over 60 years is now more than 20%, ours is still less than 10%.”
The preliminary results show that Mogoditshane with (88,098) is now the biggest village in the country with Maun coming second (85,293) and Molepolole at third position with 74,719. Population growth is associated with many economic advantages because more people leads to greater human capital, higher economic growth, economies of scale, the efficiency of higher population density and the improved demographic structure of society, among many others.