This week contents of the 1992 report of the Presidential of inquiry into the operations of the Botswana Housing Corporation which was chaired by Richard Christie resurfaced in what is viewed as a political move to deter Pelonomi Venson-Moitoi from Botswana Democratic Party (BDP) presidential race next month.
The findings of the report, commonly known as Christie Report formed part of the 1990s corruption scandals which claimed scalps of many political figures and senior civil servants. Consequent to the report, which was not kind to Venson- Moitoi, who was then chairperson of the BHC Board as well as Permanent Secretary in the then Ministry of Local Government and Lands, she was fired from her position.
The report findings concluded that Venson-Moitoi colluded with Joseph Letsholo, then General Manager of BHC, to have house 5293 demolished and replaced, at a cost to the corporation of P151 00, to provide a justification for her moving to a BHC house which she preferred. The other finding was that Venson-Moioti misled then Permanent Secretary to the President Elijah Legwaila into approving her application to change houses, by falsely representing that her predecessor as permanent secretary had not dealt with the matter and by concealing a file minute recommending the refusal of her application.
Venson-Motioi was also found to have been given financial advantage to which she was not entitled, by being permitted to occupy houses 5293 and house 5371 concurrently for six months without paying more than the normal instalments under her tenant purchase scheme agreement. The background of the matter indicate that earlier, on 12th December 1984 Venson- Moitoi was allocated type II house 5293 by the Gaborone Government pool housing allocation committee at the standard rental for a type II house of P 227 per month.
At the time she was employed in the Unified Local Government Service. She accepted the allocation and took occupation. On December 1987 she entered into an agreement with the Corporation to buy the house under the tenant purchase scheme. By then she was employed in the Ministry of Labour and Home Affairs.
In 19th April 1993, after the Christie report Venson- Moitoi through her lawyer Dick Bayford filed through the high court seeking that the review be set aside or correcting the findings of the Presidential Commission into the operations of the Botswana Housing Corporation to the extent that such findings and/ or conclusions as they relate to the applicant and form the basis of the applicant’s dismissal from the public service by His Excellency the President and declaring the decision of the President to dismiss the applicant from the Public Service in so far as such was based on the findings of the Commission be null and void of no force as well as directing the respondent to pay the costs hereof on such basis as the court may deem fit.
However in the application filed on the 7th May, 1993, the Attorney General sought that the setting aside of the Applicant’s main application as constituting an irregular or improper proceeding, suspending the Attorney General’s compliance with order 61 as called upon so to do in the aforesaid main application and directing the respondent to pay the costs hereof.
In his reply Dick Bayford cited that threport when published, and was later the subject of an application for judicial review involving unfairness and breaches of the rules of justice, as well as dispute over the Commission’s order for costs which was set aside. Nevertheless Byford further contended that it was patently obvious that the president had been exclusively moved by the findings of the Christie Commission in deciding to lay charges against the Venson- Moitoi but argued that the Commission’s findings were fatally flawed in only because the Commission had not first sought the applicant’s response to its proposed recommendations before such were finally presented in its report to the president.
In his ruling on the matter Barrington Jones, “And it is in the context of these continuing and striking developments of the law, and of judicial review, that I have carefully considered the detailed and persuasive address made by both Bayford and Advocate Burger (for the attorney General) but at the end of the day I am nevertheless persuaded that the applicant’s main application is an irregular proceeding in that the Christie Commission Report is not, I find, reviewable, nor does it contain reviewable findings, the Christie Commission, whose findings are sought to be reviewed by the applicant is, I am satisfied, functus officio and no longer exist; in view of the Attorney General’s averment that he has not been authorized to act for the Christie Commission in these proceedings, I find there is no alternative but to strike out the main application with costs.
While commenting on the matter this week Venson- Moitoi said she is not aware who is responsible for resurfacing the matter which happened almost 25 years ago. She said the Christie report was long closed and as far as she is concerned, there is no case against her. “The high Court has ruled that the state set the administrative tribunal but they never did until I find a job in the neighbouring South Africa and left the country,” she said.
Venson-Moitoi said the house still belongs to her and the manner in which she acquired it was legit. The house in question which is adjacent to the Parliamentary Village is now Basilico, an Italian restaurant which is fully operational and hosts Gaborone’s elites. Venson- Moitoi who is running the last lap of her presidential race is very optimistic that campaigns are ongoing well. She told WeekendPost that she is aware of some agents of the DIS who are always tracking her every move. Moitoi said her life is not threated and she will not be deterred from contesting the BDP presidency come next month.
In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).
The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.
Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.
Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.
The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.
This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).
The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.
The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.
In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.
Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.
Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.
“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.
Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.
“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.
The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.
UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.
Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.
Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.
Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”
Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.
FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS
With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.
BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.
BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.
It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.
Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”
It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.
At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.
Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.
Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.
BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.
The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.
By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.
In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.
“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.
“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.
The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.
All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.
“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.
Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.
Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.
COVID-19 RAVAGES POLICE
As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.
“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.
The cops further complain about that working spaces are small, as such expose them to contact the virus.
“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.
The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.
“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.