Connect with us
Advertisement

Guma throws Masisi in centre of BTO controversy

President Mokgweetsi Masisi has been asked to take action against Minister of Environment, Natural Resources Conservation and Tourism Tshekedi Khama owing to his actions that threw Botswana Tourism (BTO) into controversy.

The Parliamentary Committee on Statutory Bodies and Public Enterprises, chaired by Tati East legislator and former Botswana Democratic Party (BDP) chairman Moyo Guma was tabled before parliament this week following a period anticipation. The report, which was presented by committee acting chairperson Ndaba Gaolathe was not kind to Khama over his actions in the running of BTO affairs.

The report points out that Khama breached BTO Act in several ways, including among others; failure to appoint a board within a reasonable time-frame to run the affairs of the BTO; intentional and unlawful supervision of the BTO as if it is a department of the Ministry; going against procedural advice of the Permanent Secretary, Chief Executive Officer of the BTO and Non-Bank Institutions Regulatory Authority; and unlawful procurement appointments during the absence of the Board.

Blame is also apportioned to Khama for the BTO satellite office which was to be established in Dubai, at the minister’s instruction.  According to the report, the Board had indicated that due diligence was not conducted to determine the viability of the office since it was Khama’s instruction. “The result was that a market analysis was not done to determine whether the market was relevant and worth the investment for the Botswana products. In spite of such procedural deficiencies the BTO was to spend P17 million on the establishment of Dubai office over a period of three years,” reads the report.

“It became apparent during the interrogation of the CEO that the BTO Board was no-existent for nine months hence the Ministry usurping the functions of the Board. The Committee was of the view that procedurally and in accordance with statutory requirements the CEO should take instructions from the Board not the Ministry.” The report implicates Khama in making direct procurement of services of one Mike Brook for the production of 10 copies worth P1,347,500 in the absence of the board.

Khama is found to have been directly involved in the restructuring of the BTO, a decision which would have required an additional P23 million which was not budgeted for, subsequently necessitating the Ministry of Tourism to approach parliament through supplementary appropriation. “It came to light that the Minister was directly running the BTO. The decision to restructure should have emanated from the Board and not the Minister,” the report reads.

The committee also found Khama to have acted wrongly when he instructed BTO to appoint a medical insurance company to provide an insurance cover for BTO. A direct appointment of ASUIA as a service provider for inbound insurance was to be made at the request of Khama. A contract was to be signed with the company at the direction of the Minister. “The NBFIRA had advised that BTO should engage a local insurer before opening the tender to international bidders. This advice was ignored by the Ministry,” indicates the report.

The committee further found that the decision made by Khama should have actually been made by the Board. In another wrong doing, Khama instructed then BTO CEO Brian Dithebe to appoint Changu Newman to be the BTO attaché in Washington DC against the advice from the Human Resources Unit.

“Mrs Newman’s overall performance in the assessment indicated marginally below average competency potential compared to other professionals in management. This also had a bearing on the issues of governance where the Minister interfered with the running of the BTO,” says the report.

The firing of BTO CEO was not procedural according to the report. The Acting Chairman of the Board acting together with Ministry agreed and terminated the contract without following proper procedures since the Acting Chairman of the Board cannot legally act on his own without other members of the Board, stated the report. “The Committee was of the view that the action of the Acting Chairman and the Ministry was procedurally flowed.”

RECOMMENDATIONS

The Committee recommends that the BTO be instructed to to conduct a forensic audit for a three year period ending December 2017, under the direction of the Auditor General and report findings to Parliament) the Tourism Bill, 2017, seeks to validate a process which was done improperly, and therefore the Committee recommends that the bill be deferred pending the outcome of the detailed forensic audit, Khama has also been warned to refrain from acting in such a manner that violates the BTO Act, with further recommendation that President takes appropriate action in relation to the Minister’s meddling with the affairs of the BTO.

In November 2017, Masisi, then Vice President coaxed Khama to withdraw the Tourism Development Levy Bill, after it emerged from the committee that Khama tried to validate his actions at BTO through the bill. The committee also comprise of Major Gen Pius Mokgware, Gilbert Mangole, Sethom Lelatisitswe, Dr Phenyo Butale, Kosta Markus and Mephato Reatile.

Continue Reading

News

DPP halts JSC, Judge’s back to work plan

25th January 2021
Kebonang

The Directorate of Public Prosecutions (DPP)’s decision to reject and appeal the High Court’s verdict on a case involving High Court Judge, Dr Zein Kebonang has frustrated the Judicial Service Commission (JSC) and Judge Kebonang’s back to work discussions.

JSC and Kebonang have been in constant discussions over the latter’s return to work following a ruling by a High Court panel of judges clearing him of any wrong doing in the National Petroleum Fund criminal case filed by the DPP. However the finalization of the matter has been hanged on whether the DPP will appeal the matter or not – the prosecution body has since appealed.

This content is locked

Login To Unlock The Content!

Continue Reading

News

BDP rejects Saleshando payment proposal

25th January 2021
MP saleshando

Botswana Democratic Party (BDP) top brass has declined a request by Umbrella for Democratic Change (UDC) to negotiate the legal fees occasioned by 2019 general elections petition in which the latter disputed in court the outcome of the elections.

This publication is made aware that UDC Vice President Dumelang Saleshando was left with an egg on his face after the BDP big wigs, comprising of party Chairman Slumber Tsogwane and Secretary General Mpho Balopi rejected his plea.

“He was told that this is a legal matter and therefore their (UDC) lawyer should engage ours (BDP) for negotiations because it is way far from our jurisdiction,” BDP Head of Communications, Kagelelo Kentse, told this publication.

This spelt doom for the main opposition party and Saleshando who seems not to have confidence and that the UDC lawyers have the dexterity to negotiate these kind of matters. It is not clear whether Saleshando requested UDC lawyer Boingotlo Toteng to sit at the table with Bogopa Manewe, Tobedza and Co, who are representing the BDP to strike a deal as per the BDP top echelons suggested.

“From my understanding, the matter is dealt with politically as the two parties are negotiating how to resolve it, but by far nothing has come to me on the matter. So I believe they are still substantively engaging each other,” Toteng said briefly in an interview on Thursday.

UDC petitioners saddled with costs after mounting an unprecedented legal suit before the court to try and overturn BDP’s October 2019 victory. The participants in the legal matter involves 15 parliamentary candidates’ and nine councillors. The UDC petitioned the court and contested the outcome of the elections citing “irregularities in some of the constituencies”.

In a brief ruling in January 2020, Judge President Ian Kirby on behalf of a five-member panel said: “We have no jurisdiction to entertain these appeals. These appeals must be struck out each with costs including costs of counsel”. This was a second blow to the UDC in about a month after their 2019 appeals were dismissed by the High Court a day before Christmas Day.

This week BDP attorneys decided to attach UDC petitioners’ property in a bid to settle the debts. UDC President Duma Boko is among those that will see their property being attached with 14 of his party members. “We have attached some and we are on course. So far, Dr. Mpho Pheko (who contested Gaborone Central) and that of Dr, Micus Chimbombi (who contested Kgalagadi South) will have their assets being sold on the 5th of February 2021,” BDP attorney Basimane Bogopa said.

Asked whether they met with UDC lawyers to try solve the matter, Bogopa said no and added. “Remember we are trying to raise the client’s funds, so after these two others will follow. Right now we are just prioritising those from Court of Appeal, as soon as the high court is done with taxation we will attach.”

Saleshando, when contacted about the outcomes of the meeting with the BDP, told WeekendPost that: “It would not be proper and procedural for me to tell you about the meeting outcomes before I share with UDC National Executive Committee (NEC), so I will have to brief them first.”

UDC NEC will meet on the 20th of next month to deal with a number of thorny issues including settling the legal fees. Negotiations with other opposition parties- Alliance for Progressives and Botswana Patriotic Front (BPF) are also on the agenda.

Currently, UDC has raised P44 238 of the P565 000 needed to cover bills from the Court of Appeal (CoA). This is the amount in a UDC trust account which is paltry funds equating 7.8 per cent of the overall required money. In the past despite the petitioners maintaining that there was promise to assist them to settle legal fees, UDC Spokesperson, Moeti Mohwasa then said the party has never agreed in no way to help them.

“We have just been put in debt by someone,” one of the petitioners told this publication in the past. “President’s (Duma Boko) message was clear at the beginning that money has been sourced somewhere to help with the whole process but now we are here there is nothing and we are just running around trying to make ends meet and pay,” added the petitioner in an interview
UDC NEC has in December last year directed all the 57 constituencies to each raise a minimum of P10, 000. The funds will be used to settle debts that are currently engulfing the petitioners with Sheriffs, who are already hovering around ready to attach their assets.

The petitioners, despite the party intervention, have every right to worry. “This is so because ‘the deadline for this initiative (P10, 000 per constituency) is the end of the first quarter of this year (2021),” a period in which the sheriffs would have long auctioned the properties.

Continue Reading

News

Boko-Khama axis viewed with suspicion

25th January 2021
boko-and-khama

President of the Umbrella for Democratic Change (UDC) Duma Boko’s alliance with former President Lt Gen Ian Khama continues to unsettle some quarters within the opposition collective, who believe the duo, if not managed, will once again result in an unsuccessful bid for government in 2024.

While Khama has denied that he has undeclared preference to have Boko remaining as leader of UDC, many believe that the two have a common programme, while other opposition leaders remain on the side-lines.

This content is locked

Login To Unlock The Content!

Continue Reading
Do NOT follow this link or you will be banned from the site!