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Court advised to quash NPF charges

The Director of Public Prosecutions (DPP) yesterday (Friday) continued to blunder in the P230 million National Petroleum scandal as they failed to convince the court why the charge should be amended and why the magistrate should commit the case to the High Court.

During their last mention Broadhurst Regional Magistrate Masilo Mathaka had ordered that in their next mention both the State and the defense attorneys were to argue the two matters. The State sought to move an application to amend the charge sheet, add more accused persons and commit them to the High Court whereas the defense attorneys want the charges against their clients thrown out. In his heads of argument, defense attorney Kgosi Ngakaagae argued that they submitted for the charges against their clients to be quashed stressing that they would not accept amendment of the charge sheet.

Ngakaagae stated that on the 31st May they received a supplementary request from the State prosecutors. “There is nothing that warrants its introduction, no consultation with the defense. The State should know that the purported supplementary affidavit in fact is a void document. Today we do not come to discuss any supplementary response,” he said. Ngakaagae argued that the defense and its clients have had enough of the State amending its charge sheet in every mention.

“My clients have been appearing before this court since 2017 and we on charge number five in a space of one and a half years,” he contended. The exasperated Ngakaagae argued that his clients have on several occasions denied by the State to take a plea. “The first appearance was a one count charge sheet on money laundering. We asked to plead, the State refused. Second was an amended Zimbabwean charge sheet for money laundering, the State still denied my clients to take a plea. We cried to this court that we be prosecuted but they resisted.”

He further stressed: “Then came a Botswana charge sheet (65 counts in total), we came before this court, we asked to plead. We did not resist despite increase and departure of the first charge sheet. Charge number four, 164 counts came now an esteemed and learned friend Abrahams [Shaun] now a South African charge sheet.” Ngakaagae told the court that the continuous change of prosecutors in this matter has delayed the case even further. He argued that each counsel brings their own charge and brings their own narrative.

“There should be an end to this. This matter has ceased to be about law but about counsels and what they prefer. Between now and then things have changed, the question is should an accused person be chasing after changing charges all the time?”
The defense attorneys stated that their clients have therefore made a decision to have the matter quashed.

“Our respectful submission in this case may be thrown out, and my clients be acquitted of the charges. In all their papers the state has failed to explain why they refused to give us further particularities and they have yet to explain why they did that in contempt of the court. The confiscation offense is not stated. How is the accused to know what the confiscation charge means if they are not told. Unoda Mack, who forms part of the defense attorneys also shared Ngakaagae’s sentiments.

“We submit that the state failed to provide answers and proper documents. They may say they have delivered eight files, but I doubt they are before the court. Our request for further particularities was based on the question, how was the money transacted? And the only response we got from the state was we do not know. Therefore the entire charge sheet should be quashed accordingly,” Mack also submitted. When he took the stand, State advocate Shaun Abrahams described to the court that the case has not been easy.

“This was not an easy investigation. It was a difficult and long one by the DCEC. More charges were bound to increase with time, you uncover new things,” he said. In his heads of arguments, Abrahams argued that there is a list of witnesses that the prosecution intents to call, pleading with the court to dismiss the motion to have the case quashed. “The matter has advanced to a stage where we are ready to commit the accused to the High Court,” he argued.  

State Prosecutor Ernest Mosate of the Directorate of the directorate of Public Prosecution (DPP) also argued that the magistrate should have in mind what the effects of quashing the charges are and what purpose will be achieved from quashing these charges.  “The court must balance the interests of both parties. We want this matter to proceed. We are ready for trial. Therefore we submit that may the application to quash the charges be dismissed.”  

He was however interrupted by magistrate Mathaka who lashed that the state cannot say they are ready for trial when they keep on amending their charge sheet every mention. “Where is the readiness there? You are never ready, today you are here tomorrow you are there. Your charges keep on giving birth to other charges,” the magistrate said.

Ngakaagae dismissed the state’s argument: “If you are not ready go back, and try get your house in order. You’ve never been ready that is why they denied my clients to take the plea. Theirs is a dead case and that is the sad reality with no escape. This case belongs to the archives.” The ruling will be delivered on the 18th July 2019.

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Botswana gets P2.750 billion loan from World Bank

14th June 2021
Peggy Serame

Botswana’s efforts to accelerate key economic reforms got a boost following the approval of a $250 million loan by the World Bank today. The Programmatic Economic Resilience and Green Recovery Development Policy Loan (DPL) will support the implementation of Botswana’s Economic Recovery and Transformation Plan and is designed to strengthen COVID-19 pandemic relief while bolstering resilience to future shocks.

This DPL is also designed to support reforms to strengthen private sector development and promote green recovery. It is the first-ever World Bank budget support operation for Botswana and the first of two planned operations.

“The COVID-19 pandemic has placed a great burden on the country’s economy, its people, and firms. With this operation, the World Bank will support the government’s reforms to ensure social spending reaches the poorest and assists Batswana who are most affected by the Covid-19,” says World Bank Country Director for Eswatini, Botswana, Lesotho, Namibia and South Africa, Marie Francoise Marie-Nelly.

“This operation will also support reforms to attract private sector investments, contribute to diversification of exports, and increase job opportunities towards a green economy”. The operation provides both financial and technical support for government reforms to implement a Single Social Registry and to improve targeting of social spending on the most vulnerable while strengthening systems for future shocks.

It will also help strengthen the business environment for increased SME-led job creation and economic diversification through improved access to finance for individuals and small and micro enterprises (SMEs). Furthermore, the program will help Botswana to build the foundations for sustainable, “green” growth by supporting reforms to increase production of renewable energy by independent power producers, promoting and regulating rooftop solar energy generation, and embedding climate change considerations in environmental assessments.

DPLs are used by the World Bank to support a country’s policy and institutional reform agenda to help accelerate inclusive growth and poverty reduction. The COVID-19 pandemic led to a real gross domestic product (GDP) contraction of 7.9 percent in Botswana in 2020 – the largest in the country’s history.

This has also led to a depletion of existing fiscal buffers and has constrained revenue collection, reduced Government’s capacity and resources needed to accelerate the implementation of structural reforms and threatened to reverse progress in poverty reduction.

World Bank Group COVID-19 Response Since the start of the COVID-19 pandemic, the World Bank Group has committed over $125 billion to fight the health, economic, and social impacts of the pandemic, the fastest and largest crisis response in its history.

The financing is helping more than 100 countries strengthen pandemic preparedness, protect the poor and jobs, and jump start a climate-friendly recovery. The Bank is also providing $12 billion to help low- and middle-income countries purchase and distribute COVID-19 vaccines, tests, and treatments.

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UB employees protest against Vice Chancellor

11th June 2021
Professor Norris

University of Botswana Vice Chancellor, Professor David Norris, has lost support of the university staff, with four unions joining forces to demand his removal from office.  

When he was appointed Vice Chancellor of the University of Botswana in December 2017, by the then Minister of Tertiary Education, Research, Science and Technology, Dr Alfred Madigele, Professor Norris was hailed as an angel sent from heaven.

Professor Norris succeeded Professor Thabo Fako, after the latter led the University during turbulent times — with the university experiencing financial challenges and dwindling enrolment numbers.

Four years down the line, Professor Norris’ presence at the University nauseates many. Academic staff together with manual workers want Norris shown the door as soon as yesterday.

University of Botswana Academic Senior Support Staff Union, (UBASSSU), University of Botswana Staff Union (UBSU) and University of Botswana Manual Workers Union, in a petition submitted to Minister of Tertiary Education, Research, Science and Technology, Douglas Letsholathebe, called for the dismissal of Norris. The unions said that under the leadership of the Professor, UB staff members suffered immeasurable pain, agony and frustration, and their welfare is entirely overlooked.

The unions petition Professor Norris on a number of issues: blurred roadmap, inflationary adjustments of salaries, security services, corporate governance, teaching and learning resources, deteriorating infrastructure, staff victimization as well as appointment of staff undemocratically.

In their entreaty, staff members say that Vice Chancellor has failed to provide a clear roadmap to guide a wide range of operations within the University. Prior to Norris’ arrival, they say, UB had developed a strategy using its own scholars, led by Prof Thapisa and Prof Moahi respectively.

“They executed the assignment efficiently with intricate insider knowledge of the institution and a global academic outlook. The result of the process was later subjected to external review by consultants, even though the process was later abandoned at huge cost to the University. The Vice Chancellor is three years into this post, but he has done nothing to show, and always blames staff or his predecessors for the problems at UB,” the unions said in their petition.

The petition signed by UBASSSU President, Motsomi Marobela, acting on behalf of Manual Workers Union President, Oneile Mpulubusi and Ghadzani Mhotsha (Staff Union President), argue that Norris relishes grand standing and cheap rhetoric to project a positive image of the University to outsiders while the institution faces monumental challenges.

“Even the so-called new strategy was imposed on the staff, since unions were never consulted. Staff in faculties were threatened and bullied into submission whenever they revealed flaws in the strategy. In short, this strategy lacks the critical ‘buy in’ from those charged with implementation, something which is crucial for any new strategy to succeed.”

Professor Norris, a renowned scholar, has been fingered in being reluctant to advance staff salaries, something which has been done four years ago. Unions claim that despite several shots to alter this status quo, efforts proved vain.

“The Vice Chancellor has dismally failed to bring about any meaningful action to ascertain that staff remunerations are adjusted to mitigate the effects of inflation, despite his attention being drawn to the erosion of the buying power of University staff. UB staff salaries have not been adjusted for a duration of four years, despite numerous attempts by the trade unions (UBASSSU, UBSU and Manual Workers Union) to appeal on behalf of the constituents for his intervention,” reads part of the petition.

University management are said to be relaxed when it comes to the security of the organization, petitioners claim. They stress that this has happened several times in recent years whereby management has allowed private security contracts, which augment the in-house UB security, to lapse before they can float a new tender.

The loan schemes that the University gets into on behalf of employees, is said to be another dare giving staff workers grief, perpetuated by Vice Chancellor Norris.

“It has happened several times that the contract between the financiers and the University lapses before anything is put in place for employees to continue getting financial assistance. Quite recently, it was communicated by a memo from Staff Welfare and Benefits Office that the loan scheme with FNB is coming to an end on the 30th April 2021 and this communication was made on the 29th, just a day before the end of such contract. This again shows lack of proactiveness on the part of management which is led by the VC,” said the petition.

The Vice Chancellor is said to be overreaching in UB administrative structures. Professor Norris, who chairs the Staff Appointment and Promotion Committee (SAPC), hosts illegal Pre-SAPC meetings, which are usually attended by Human Resources and Executive Management, and make decisions on who to appoint, promote or whose contract to renew before the substantive meeting of SAPC.

The Vice Chancellor, disgruntled petitioners say, uses SAPC to rubber stamp the executive decision – this amounts to corruption. “Three years in the institution he has virtually run the university alone. The core and critical Deputy Vice Chancellor posts of Academic Affairs; Finance and Administration; and Student Affairs, have not been filled. Instead he has appointed people on acting positions and he is shuffling them around as he pleases. Those he prefers have been acting for over two years, which is contrary to the Employment Act.”

Professor Norris is a researcher and lecturer, having served in different capacities in Botswana, the United States of America and South Africa.

Prior to joining UB, he was Deputy Vice Chancellor for Research and Innovation at the Botswana International University of Science and Technology (BUIST), a position he held since 2016. He is the sixth Vice Chancellor of UB.

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Gov’t slashes P16 million from YDF budget

11th June 2021
YDF

Ministry of Youth Empowerment, Sport and Culture Development has announced the return of the Youth Development Fund (YDF), after it was put on suspension by Government last year.

The fund however, has been slashed from P120 million to P104 million with the total number of projects expected to shrink. The YDF programme was temporarily suspended last year due to shortage of funds.

The programme introduced in 2009 by government, was a way of improving the lives of the youth as well as helping to fight unemployment.

When addressing the media, Minister of Youth Empowerment, Sport and Culture Development, Tumiso Rakgare said the ministry has resolved to start receiving applications for 2021/2022 Youth Development Fund from 09 June 2021 to 10 August 2021.

Rakgare said government was worried about the high numbers of unemployment hence the resolve to restart the YDF programme even in the midst of the pandemic.

He however revealed that due to budget challenges and the continued restrictive environment imposed by the Covid-19 pandemic, there would be some modifications to the implementation of YDF.

“Due to budget challenges the allocation for the fund in the current financial year has been reduced from P120 million to P104 million. Constituencies will thus be allocated less than the usual P2 million, which means that the number of funded projects will be significantly reduced,” he said.

He further said priority for funding shall be for businesses with the potential to create a higher number of jobs and those that address key government priorities.

The sectors to be prioritized include; Manufacturing, Agriculture, Tourism, Technology, Digitization and Innovation. Moreover, the threshold for YDF financing remains at P100 000.00 for individuals and P450 000.00 for youth industries or co-operatives.

In addition to funding youth projects, the Minister said P14, 393,066.77 will be reserved for completion and implementation of Special Projects such as development of Land-banks, mentorship partnerships and trainings.

All changes to the YDF programme are to apply only for this year while a comprehensive review is undertaken. The target is to have the revised programme implemented in the next financial year.

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