PAC to subpoena bank executives in NPF scandal
By Aubrey Lute
The Chairperson of the Public Accounts Committee, Dithapelo Keorapetse has strongly rejected the observation that he is somehow delaying the release of a report on the probe of alleged embezzlement at the National Petroleum Fund (NPF).
Instead he posits that the narrative is sold by those who want to divert attention from the scandal, “all they are trying is to soil my name for political expediency.” Giving an update of the PAC examination of the books of accounts of the National Petroleum Fund, Keorapetse said the primary elections, shortage of staff, committee disagreements, incomplete information are among some of the factors that contributed to the delay in releasing the PAC’s report on the NPF. But he stated that there is light at the end of the tunnel as the report is currently being compiled after receipt of crucial information.
When quizzed on latest PAC business on the NPF probe, Keorapetse stated, “When the PAC adjourned, we subpoenaed information from Bank Gaborone and Stanbic Bank. PAC needed to know how the authorization of opening of bank accounts and disbursements and or transfer of funds happened; Who authorized and under what authority.” According to Keorapetse, information which was requested by the PAC has been submitted and copies have been given to MPs at their meeting of Tuesday the 28th.
“We’ve agreed to subpoena persons in respect of the information we received because we have to ascertain that there was compliance with Banking Act, Banking Regulations, Financial Intelligence Act and other important laws and regulations. We’ve to check if some banks or individuals employed by some banks colluded with those who plundered the NPF or not. So on Wednesday the 5th of September we intend to call witnesses from commercial banks to ask them a few questions,” said the PAC chairman.
Pressed further Keorapetse pointed to more challenges besieging his committee, he indicated that the PAC has One Secretary who is seconded from the Auditor General and the whole Parliament has two legal officers being the Parliamentary Counsel and her Assistant; “they service the whole parliament including all committees. These people are the ones who draft our reports not of only PAC but other committees and we depend on them. They’re not even directly employed by Parliament.”
Keorapetse said their role as MPs of the Committee is to discuss these draft reports and add or subtract. “People should understand the delay from the backdrop of our rubber stamp parliament which lacks experts such as lawyers, economists, forensic accountants etc, it also has no complex internal structures. I can confirm that the few bureaucrats we have at our disposal are seized with the matter and are drafting the NPF report.”
The Selibe Phikwe West Member of Parliament told this publication that most MPs in the PAC have been campaigning for both primary elections and general elections (registration). He acknowledged that it hasn’t been easy to meet.
“It’s also easy for MPs to opt to be in their constituencies or attend to their personal businesses than to sit in a PAC meeting and be paid P350, it doesn’t make sense to many to give Committees their whole attention, that is why we struggle with quorum all the time. That’s the sad reality.”
Meanwhile Keorapetse said as a committee they have also had their own points of disagreement. “My view as chair of the NPF inquiry was that the examination is incomplete and we’ve many unanswered questions. Fundamental was for the Speaker to invoke her powers in the National Assembly Powers and Privileges Act to compel former DG of DIS to answer questions. Most committee members didn’t agree with this. Their view is that we’ve adequate information of what really happened, that we can infer from the refusal to answer questions and make conclusions,” he shared.
The DIS Act Section 29 establishes the Intelligence and Security Council which consists of the Permanent Secretary to the President, the Attorney General, The DG, and Deputy DG. It’s function according to Section 30 is to review intelligence policies and activities and examine the expenditure, administration, complaints by and oversee the legal framework of the Directorate.
Keorapetse pointed out that as Chair was that the decision on anti-poaching security issues and other related matters which resulted in the procurement of security equipment with NPF money by the DIS ought to have been discussed and authorized by Council as this clearly falls within their mandate. “I wanted to put all the members of the council on stand to clarify these matters. Majority of committee members disagreed with this opinion. “
Keorapetse said the PAC had to establish the extent of the President’s (Commander in Chief) knowledge and involvement in the NPF issues especially as it relates to the DIS. “Was he aware of security concerns the DG spoke about when he appeared before the PAC? Did he know that money was sourced from NPF for the purpose of security equipment procurement and did he authorize it? If he didn’t know how did he not know when High policy intelligence matters are reported to him?
I wanted to put former President Ian Khama on the stand regarding the matter but majority didn’t think it’s necessary. I think the VP and minister in the Presidency would be privy to high policy intelligence matters and may have been briefed about the security concerns and the need to procure some equipment from Israel with NPF or other money. I was of the view that these people should be called to answer questions the same way former Ministers Sadique Kebonang and Kitso Mokaila were called.”
Keorapetse said they also noted that the role of PPADB is also in question because it is not clear of the SPADC which Manages Procurement of Highly Sensitive Items for Disciplined Services was involved or not. He noted that the PPADCB rejected the single sourcing for storage facilities “but what has been its role subsequently?”
“I was personally frustrated by all these and thought if we write a report without answers to these questions then our job isn’t over. But the attitude in our parliament has always been that “let’s get it over with”, even Bills pass through Parliament most of the time rather than being passed by Parliament. You should also note that most PAC MPs are ruling party MPs uneager to provide oversight of the executive for obvious reasons.”
According to Keorapetse Botswana parliament is extremely weak, “we don’t have the necessary capacity, human resource and other resources to effectively scrutinize some of these matters. People should understand that we are doing our best under the circumstances.”
Asked if he has any personal reasons to delay the NPF report, Keorapetse said, “My conscience is clear, I’ve been a consistent corruption fighter as DCEC Officer in 2007-2008, as an academic and columnist and as a trade unionists and politician. I don’t care about some brief-case political parties’ agents and their media plants who go around trying to damage me.
There are issues which I’ve explained which have delayed the report. PAC is a committee which does its work in public and that’s why I’m sharing this information with you and agree to answer your questions. Our secretariat will advise us when they’re ready.” The PAC is tasked with examining government books, and in this matter it is interrogating the Directorate on Intelligence Security Services’ (DISS) involvement in the P250 million National Petroleum Fund (NPF) scandal.
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DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”
Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”
DPP seizes prosecution duties from Police
Directorate of Public Prosecution (DPP) has finally taken over prosecution from the Botswana Police Service (BPS). The police have been prosecuting for years, but the takeover means that they will now only focus on investigations and then hand over to the DPP for prosecution.
Talks of complete takeover began as far back as 2008, but for years it seemed implementation was sluggish. However, the Minister of Justice, Machana Shamukuni, revealed that the complete takeover is expected to be completed soon.
During a presentation to the Committee of Supply by Shamukuni this week, it was revealed that the project has been implemented in 22 police stations nationwide, including Maun, Selebi-Phikwe, Palapye, Francistown, and Kasane. He further stated that the project has been allocated P3,000,000 for the 2023/2024 financial year to facilitate the opening of more satellite offices for the DPP.
Shamukuni said the Lobatse station is scheduled for a complete takeover by the end of May 2023, while the Kasane DPP satellite office has been established and became operational as of February 1, 2023.
“As reported previously, preparations are at an advanced stage to open a satellite office in Tsabong to curtail expenses, as well as frequent long-distance trips to these areas, as it is currently serviced by the Lobatse DPP office,” Shamukuni said.
Shamukuni said that the takeover strategy is to enable a seamless and gradual takeover of prosecution from the BPS without overwhelming and overstretching the thin resources at its disposal.
According to Shamukuni, the implementation of the prosecution takeover project has increased the workload of the 211 prosecutors in the DPP establishment.
Furthermore, the Justice Minister said DPP statistics show that the DPP has a total of 11,903 cases and dockets as of January 2023. He indicated that this is a significant increase in the number of cases being handled by the DPP, considering that in November 2021, the DPP had just over 8,471 files.
“Out of the total case load, 8 382 are cases pending before various courts while 3521 are dockets received from law enforcement agencies of which 1 325 are awaiting service of summons while the rest are being assessed for suitability of prosecution or otherwise” said Shamukuni.
He further stated that The DPP has consistently maintained an 80% success rate in matters completed at court.
“As at the end of January 2023, the success rate stood at 82.3% against a target of 90% whilst the average performance in respect of turnaround time for conclusion of cases at court stood at 17.5 months against a target of 18 months,” he said.
BACKLOG OF CASES – LAND TRIBUNAL
Meanwhile, Minister Shamukuni has revealed that Gaborone land Tribunal is experiencing a backlog of cases. Before parliament this week, Shamukuni revealed that a total 230 appeals were completed for the period of April 2022- December 2022 and only 76.5% of them were completed within set time frame.
The minister said that the Gaborone division has experiencing a backlog of cases due to manpower constraints and he further indicated that presiding officers from other divisions have been brought in to expedite case disposal.
He further indicated that the land tribunal is a specialized court that has been empowered to resolve appeals arising from land boards. “It has been mandated to determine appeals from the decisions of Physical planning committees of Districts Councils” said Shamukuni.
Land Tribunal relocated to the Ministry of Justice from Ministry of Land and Water Affairs in November 2022.
“An amount of P37, 842,670 is requested to cover salaries, allowance and other operational expenses for the Department of the land Tribunal,” alluded Shamukuni
BCP, AP stalemate in 7 constituencies
When the Botswana Congress Party (BCP), Alliance for Progressives, Botswana Labour Party (BLP), and conveners reconvene next week, the controversial issue of allocation of the seven constituencies will be the main topic of discussion, WeekendPost can reveal.
Not only that, but the additional four constituencies will also dominate the talks. The idea is to finally close the “constituency allocation phase,” which has proven to be the most difficult part of the ongoing negotiations.
Earlier this year, the two parties announced that the marathon talks would be concluded by February. Even at a media briefing last month, BCP Secretary General Goretetse Kekgonegile and Publicity Secretary Dr. Mpho Pheko were optimistic that the negotiations would be concluded before the end of February.
However, it is now mid-March and the talks have yet to be concluded. What could be the reasons for the delay? This is a question that both Kekgonegile and Pheko have not responded to, as they have ignored the reporters’ inquiries. However, a senior figure within the party has confided to this publication as to what is delaying the highly anticipated negotiations.
“We are reconvening next week to finalize constituency allocations, taking into account the additional four new ones plus the outstanding seven,” he explained. It later surfaced that Gaborone Central, Gaborone North, Mogoditshane, Tswapong North, Francistown West, Tati West, and Nata Gweta are all contested by both BCP and AP. This is because the other 50 constituencies were allocated by December of last year.
The three parties have failed to find common ground for the Bosele Ward by-elections. Are these constituencies not a deal breaker for the talks? “None of the constituencies is a deal breaker,” responded a very calm BCP official.
In Bosele Ward, AP has yielded to BCP, despite most of its members disapproving the decision. On the other hand, BLP has refused, and it will face off with BCP together with Botswana Democratic Party (BDP) and Umbrella for Democratic Change (UDC).
The decision by BLP to face off with BCP has been labelled as a false start for the talks by political observers.