Land Board, Ex BDP chief in conflict of interest row
Ngwato Land board members are caught up in a conflict of interest row with a key Botswana Democratic Party (BDP) member. The row stems from a tender invitation for ranches in the Ngwato tribal territory.
The axed BDP Executive Secretary Thabiso Masalila has accordingly dragged the Land board to court for flouting basic procedures in tendering for ranches. This follows Ngwato land board’s decision in May 2015 to float an invitation to tender for the allocation of commercial ranches in the Sandveld, Kaka, Xere and other areas in the Ngwato tribal territory. The case is before Justice Omphemetse Motumise.
The conflict of interest arises from the understanding that the officials who crafted the requirements of the tender for the commercial cattle ranches then proceeded to apply and compete for the same ranches as they knew what to expect. “It is highly conceivable that the Ngwato Land Board officials had access to the exact details of the area and as such completed their application forms while others like Masalila were prejudiced,” the court papers indicate.
According to an attorney representing Masalila in the matter, Kabo Motswagole of Motswagole and Companies: “the record is clear that: the Ngwato Land Board was compromised of conflicted and interested persons, those ‘conflicted persons’ before they recused themselves crafted the rules and the qualifications criteria of the tender in the commercial ranches, appointed a Technical team to evaluate the submissions (including those of the conflicted board), received a report of the evaluation and then decided to excuse themselves.”
The Board members recommending the requirements for the tender and applying for the same made it fairly seamless for the Technical team to recommend candidates possessing their personal attributes in that regard, Motswagole argued. The well regarded attorney also indicated that the Ad Hoc board was appointed some 5 months later only to allocate while stressing that “appellant (Masalila) submits that this is a non procedural issue as it goes to the substance of who considered eligible. The proceeds were irregular and ought to be set aside.”
In light of this, he observed that the mere fact that the process of tendering, scoring and short listing of the interviewees was done under the auspices of members of the board which were replaced with an ad-hoc board proves to pose a sensible possibility of conflict of interest given that after setting the requirements and rules of the tendering process they went on to participate in it and compete with the public.
“Bias is widespread and is a problem even for well-meaning professionals while adding that the human reasoning is easily pressed into the service of one’s own interests,” the distinguished lawyer pointed out. Consequently he requested the court to direct that the Land board Tribunal erred and misdirected itself in holding that the decision of the Ngwato Land board (respondent) to exclude the appellants (Masalila) from the shortlist of people to be interviewed for the Advertised Commercial ranches was lawful even though it was made by a Board comprised of members who were conflicted and interested parties in the ranch allocations.
Furthermore he asked the court to order that the judge in the court a quo erred in holding that the decision of the Ngwato Land board to exclude Masalila and not call him for an interview is set aside as being irrational, illegal, unlawful and ultra vires. According to Masalila’s attorney, the tendering process in relation to category 3.1.2 (farmers’ category) should be done afresh. “We submit that the decision of the Ngwato land Board was irrational and promoted a miscarriage of justice, fairness and equality,” he emphasised.
Applicants asked to provide list of neighbours at the ranches
Meanwhile Motswagole said it was shocking that the land board asked applicants to provide a list of neighbours at the ranches being applied for and therefore emphasised that it was unreasonable and irrational. “The Land Board had a duty to distribute a representation for the location of the ranches and most importantly for applicants, where each bidder is likely to be placed” adding that “this was done in part and as such the appellant could not have been able to identify the neighbors.”
He argued: “it is therefore becomes an irrational decision to disqualify the appellant for not listing neighbours to the farm applied when there were none. Disqualifying a bidder in a tender on the basis of neglecting to fill in a paragraph that the Land Board ought to have furnished particulars on and neglected to do so is an unreasonable and/or irrational decision.”
He complained that the Land board clearly acted in constructive contempt as while the matter was still resolved they proceeded to grant and allocate the ranches in issue which the Land Tribunal had not made its decision in an appeal filed only days after the alleged completion.
“The Ngwato land board has undermined the authority of the Land Tribunal which is an authority of a court of law by proceeding to allocate the commercial livestock ranches in question despite ongoing legal proceedings and impeded the appellant’s right to access court. Thus ridiculing the fundamental principle of the rule of law in its supremacy,” he said.
Landboard attorney explains why the BDP cadre was disqualified
Meanwhile Gosego Lekgowe of Dinokopila Lekgowe Attorneys told court in his oral arguments that there is no evidence of prejudice or favour to those allocated stressing that there was a proper tendering process that took place. He said “the evaluation process was to be done in 3 stages. Stage 1 – the assessment team was to assess and screen all the applications for compliance with the requirements of paragraph 2.12 of the tender and any application not in compliance was to be disqualified.”
He highlighted that Masalila bid for the tender and the assessment team found that Masalila’s submission not to be responsive and he was disqualified. Masalila then filed an application to interdict the short listing process and for review of the Land board’s decision but was also dismissed in December 2015. Lekgowe said, in light of the fact that the successful applicants were not joined in the proceedings this court cannot cancel the contracts that already have been concluded without them being parties to these proceedings.
“Accordingly, we submit that the appeal is ill-conceived and falls to be dismissed with costs.” In any event, he maintained that the tender has been substantially performed in the sense that allocations have been made and those to whom the allocations were made hold personal rights to such ranches.
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.