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New DPSM Director faces jail sentence

Newly appointed Directorate of Public Service Management (DPSM) Director Goitseone Mosalakatane has been dragged to court for contempt of court. The application seeking to imprison the new DPSM Director for contempt of court will be heard next week.

In the case, Botswana Sectors of Educators Trade Unions (BOSETU) wants court to impose upon her, a jail sentence or such sentence as it considers appropriate. The teachers union also wants the court to order government to pay the costs of the application on a scale between attorney and client. The said contempt of court comes following the High court judgement delivered on the16th day of August 2017 where there was a consent order signed by both parties legal representatives.

In the order it was agreed that the BOSETU members which have Accounting or relevant qualifications and are actually teaching accounting and Business Studies and are entitled to scarce skills allowance as per Directives dated 2nd December 2015 and of 10th August 2015.
The payment of the said allowance was to be paid to the members’ accounts from 1st April 2013.

It is understood that there was also a status hearing on the 7th November 2017 which was specifically set to ensure compliance with the Court order of 16th August 2017 – but the meeting bore no fruits. In his founding affidavit filed before court, BOSETU Secretary General Tobokani Rari also confirmed that “I aver that the DPSM/government remains in breach of the Order notwithstanding lapse of more than 12 months since the order was issued by this Honourable Court, on the 16th August 2017.”

He further pointed out that various meetings ordered by the court have been held between the parties over the past 12 months in a view to implement the order but to no avail. By way of example, the BOSETU SG explained that meetings between the parties was held on April 2018 at DPSM; and August 2018 at Attorney General’s Chambers.

Rari continued: “I aver that at all the meetings the 1st and 2nd Respondents (government) opined that in their own interpretation of the order, they only had to pay scare skill allowance to those teachers who were holding Accounting qualifications and Teaching Accounting. This is despite the fact that the Court Order was very clear that ‘members in the list attached have Accounting or relevant qualifications and are actually teaching accounting and Business Studies and are entitled to scare skills allowance as per the Directives’”.

BOSETU has contended that the government’s contention was in fact a unilateral variation of the Court order which was very clear that “Accounting or relevant qualifications and are actually teaching accounting and Business Studies”. Rari said this was a very surprising development and a dilatory step by the DPSM/government not to comply with clear and ambiguous court which they consented to through their legal representative.

According to Rari, the selective implementation of the Court Order, has resulted in a divided staff room, with teachers teaching the same subjects for years, while others are paid scarce skill allowance, others being denied same because they hold qualifications obtained from institutions other than those preferred by government. He added: “I aver that the teachers teaching Accounting and Business Studies holding other qualifications other than accounting are covered by the Court Order of 16th August 2017 by the wording of “…or related or relevant qualifications”.

Rari emphasised that they are advised and submit that it is clear that the DPSM/government is acting in contempt of the order of Court granted. “I am advised and respectfully submit that this Court should dispense with the forms of and service provided for in the rules and hear the matter as one of the urgency in terms of order 12 Rule of the High Court Rules. The DPSM/government wilfully breached the order of this court granted on the 16th day of August 2017. The Respondent remains in contempt of the Order and has not even responded to the letters addressed to them.”

Rari continued to point out that he is advised and submit that not only specifically with reference to the Respondents, but with reference to ligation in general, the Honourable Court should not be slow to enforce its authority and ensure that its order are complied with.
“I aver that the Applicant’s members will be severally prejudiced by further misconduct of the Respondents if an order is not granted the prejudice to the 1st Respondent will relate only to the need to ensure that he provides such answers as she may have to this application promptly and expeditiously,” he said.

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Why Katholo engaged private lawyers against State

16th May 2022
Katlholo

The Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katholo has revealed why he took a decision to engage private lawyers against the State. The DCEC boss engaged Monthe and Marumo Attorneys in his application to interdict the Directorate of Intelligence and Security (DIS) from accessing files and dockets in the custody of the corruption busting agency.

In his affidavit, Katholo says that by virtue of my appointment as the Director General of the DCEC, he is obliged to defend the administration and operational activities of the DCEC. He added that, “I have however been advised about a provision in the State Proceedings Act which grants the authority of public institution to undertake legal proceedings to the Attorney General.” Katholo contends that the provision is not absolute and the High Court may in the exercise of its original jurisdiction permit such, like in this circumstance authorise such proceedings to be instituted by the DCEC or its Director General.

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Dada to break Kwelagobe’s BDP long standing record

16th May 2022
Dada

Botswana Democratic Party (BDP) has gone through transformation over the years, with new faces coming and going, but some figures have become part and parcel of the furniture at Tsholetsa House. From founding in 1962, BDP has seen five leaders changing the baton during the party’s 60 years of existence. The party has successfully contested 12 general elections, albeit the outcome of the last polls were disputed in court.

While party splits were not synonymous with the BDP for the better part of its existence, the party suffered two splits in the last 12 years; the first in 2010 when a Barataphathi faction broke ranks to found the now defunct Botswana Movement for Democracy (BMD). The Barataphathi faction was in the main protesting the ill-treatment of then recently elected party secretary general, Gomolemo Motswaledi, who had been suspended ostensibly for challenging the authority of then president, Ian Khama.

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The Gulaam Husain Abdoola – Dubai sting detailed

16th May 2022
Gulaam Husain Abdoola

Mr Abdoola has known Mr. Uzair Razi for many years from the time he was a young boy. Uzair’s father, Mr Razi Ahmed, was the head of BCCI Bank in Botswana and “a very good man,” his close associates say.

Uzair and his wife went to settle in Dubai, the latter’s birthplace. He stayed in touch and was working for a real estate company owned by Mr. Sameer Lakhani. “Our understanding is that Uzair approached Mr. Abdoola to utilize their services for any property-related interests in Dubai. He did some work for Mr.Abdoola and others in the Botswana business community,” narrates a friend of Mr Abdoola.

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