Augustine rips into toothless Ombudsman
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With just a year into the office, Ombudsman Augustine Makgonatsotlhe is already firing shots at his office and calling for rigorous transformation.
In an exclusive interview with WeekendPost this week the Ombudsman fired from the hip, saying that the office was in dire need of transformation; has to be given more powers; more resources and most importantly it should be given space to be totally independent.
“In an ideal situation, an institution of this nature (Ombudsman) should be completely independent; and that means legally independent, operationally independent, and even in terms of budgets, it should be divorced from the executive; so that at the end of the day they get the budget from parliament and also report directly to parliament with no connections to the executive,” Makgonatsotlhe pointed out.
He continued: “you know at the moment we are not completely independent. We are only independent in as far as operations or investigations of cases are concerned. Otherwise we rely on public service for everything including personnel, resources so to the extent that in other peoples’ eyes we are completely not independent,” the Ombudsman told WeekendPost. He also pointed out that the country is still confined to the “classical ombudsman” model which only makes recommendations which are not binding.
“I make recommendations in terms of our Ombudsman Act and that is not binding unlike in other countries like South Africa where it is very clear in their constitution that the decisions of the Public Protector are binding.” He added that in that case you cannot ignore them; it is either you comply or when you are dissatisfied with the decision you have to go to court and ask for judicial review. “That’s why in Botswana people say the ombudsman is a toothless bulldog,” he lashed out.
The distinguished qualified legal practitioner also highlighted that the office of the Ombudsman being directly linked with the executive takes away its credibility. He said the office can therefore not be accredited to other international respected bodies like the United Nations body for human rights. A number of countries he said have adopted the modern model of the office of Ombudsman being South Africa, Namibia, Lesotho, Kenya, Tanzania, and Ghana.
The modern model gives the ombudsman more powers and multiple mandates that are not only confined to maladministration like it is in Botswana. “Personally, my belief is that we should go that route. But I am not the one to change the law. It is parliament with its wisdom to decide to change the law. They can move to that.”
Makgonatsotlhe met Thuli Madonsela to benchmark
Makgonatsotlhe is left with only three years of the four year contract awarded him by President Lt. Gen. Seretse Khama Ian Khama. He says he is still settling in the office and part of that being him visiting South Africa’s ex Public Protector, Thuli Madonsela.
“I had the opportunity to go to her office and see how they do their investigations. They are not terribly different from the way we are doing our investigations because the Ombudsman and the Public Protector are similar in a way, even though in South Africa they have a bigger mandate than we have in Botswana.”
He said he also managed to see how they interact with other governance institutions like human rights commission as all these institutions are established under chapter 9 of South African constitution. The institutions, he said, are specifically mandated to strengthen the constitutional democracy of South Africa. Makgonatsotlhe said that in South Africa, the Public Protector just investigate maladministration but also investigates corruption and issues of unethical conduct of leadership under the Executive Members Ethics Act which empowers him/her to investigate any unethical conduct done by any member of the executive.
“The thing with them is that they don’t have a Directorate on Corruption and Economic Crime (DCEC) like we have in Botswana; they only deal with a Public Protector.” While he said Botswana has a human rights commission housed under the office of the ombudsman, Makgonatsotlhe cautioned that in an ideal situation a human rights commission has to be a standalone, like in South Africa. “This has created problems in many countries because if you have many mandates its highly likely that one will suffer.”
The issue of his recommendation of Btv biasness
In relation to the report he recently released after carrying out investigations on behalf of Botswana National Front Vice President Prince Dibeela, he says he believes he carried the matter fairly and professionally in terms of the law. He justified his recommendation which stated that Btv was biased against opposition parties in favour of ruling Botswana Democratic Party saying his office investigates all complaints as long as the ombudsman has a jurisdiction on them. “And we do that with no fear or favour. That is the job. I mean it must be done appropriately as we have been assigned to do.”
When asked if it is not likely that the political leadership may feel hard done by his recommendations, and maybe have a problem with it he said “then it is not our problem. It doesn’t bother me at all. For as long as my conscience is clear on the matter. I would have done what I was supposed to do.” The long serving Public Servants also emphasized that it gives logic that decisions or recommendations of the ombudsman should be binding so that the body is taken seriously.
“We should ensure that when it has taken the decision, those decisions are complied with; if it doesn’t it will be as if those decisions were never made. The office should be strengthened to have more meaning to Batswana and make an impact in the governance and administration of the country.”
He added: “The authorities can decide to comply or not as it stands. Like what I said before that’s where really the problem is, they are not forced to comply by the law.”
However he still believes that the ombudsman has moral authority. So for the fact that they have created the office, it is logical also that whatever the decision it comes with should be complied with or else that will have a negative effect on the governance of the country. He continued: “Notwithstanding, if there is no compliance, what should happen is that, the ombudsman should do a special report on that same matter which he has to submit to parliament to tell them I have done this, I came to this conclusion and I made this recommendations but there has been no compliance. Then it will be up to parliament to see what to do.”
Makgonatsotlhe on DCEC, IEC, Auditor General, Parliament
Makgonatsotlhe also says he wants to see the strengthening of all governance institutions particularly Directorate on Corruption and Economic Crime (DCEC), Independent Electoral Commission (IEC), the Auditor General and Parliament.
He said these are institutions that to him are very critical to strengthening democracy and governance. “When we have those institutions in a way that spill off when things are not running properly the economy will grow because investors will come and they will be sure of their investments. The rule of law will flourish when proper governance is there. The investors want to go to a place which is very safe and properly run and they are sure that they are protected and their investments are also protected that is my parting shot,” he said.
Meanwhile Leader of opposition and Umbrella for Democratic Change (UDC) President Duma Boko has repeatedly criticized the Ombudsman together with DCEC, IEC, Directorate on Intelligence and Security Services (DISS) saying in their current form they are useless and therefore call for totally disbanding and overhauling that may be effected when his party takes office.
The office of the Ombudsman came into existence around December 1997 after the law establishing the office was promulgated in 1995 and later assented by the then President Sir Ketumile Masire who is now late. The late Lethebe Amos Maine was the country’s first ombudsman and the second was Ofentse Lepodise (also late) while the third was Festinah Bakwena, being the incumbent, Makgonatsotlhe is the fourth.
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BPS, Mosala Funeral Parlour butt heads over SA national remains
A squabble has broken out between Pule Mosala Funeral Parlour and the Botswana Police Service (BPS) over the remains of a South African national who has been in the Mosala mortuary for more than nineteen months. The deceased was one of 10 suspects who were controversially shot dead during a lengthy shootout with law enforcement authorities in Gaborone’s Phase 2 early last year.
The deceased individual’s family based in Soweto, has encountered difficulties in repatriating the body which has been in the care of Mosala Mortuary Services. Following the incident, it has emerged that all 10 bodies were transported to PFG mortuary in Lobatse for a brief period while the police attempted to locate their next of kin. It is reported that the families of the deceased were eventually identified and informed to come and identify their loved ones, including other South African nationals who were part of the criminal group. These families also witnessed the autopsy procedures conducted at Princess Marina Hospital in Gaborone.
Except for the family from Soweto, nine of the bodies were claimed and taken by their separate relatives. The Soweto family claims they lack the resources to bring the body back to South Africa and has made it known that they are looking for money. To end the supposed verbal agreement over the body’s storage for repatriation, Mosala Funeral Service has filed a case against the police at the Lobatse High Court.
According to Keakantse Mmotlhana, the company’s Sales and Marketing Manager, 10 people who were killed in Phase 2 by gunfire were all temporarily transferred to one of PFG’s branches in Lobatse by the police while efforts were made to find their next of kin. She expressed outrage at the statement made by the Minister of Defense and Security, recently.
After Assistant Police Commissioner Dipheko Motube called her office to apologize for giving the Minister wrong information during a news conference, she confirmed that they had accepted the apologies. He made it clear that one of the victims was still at Pule Mortuary in Lobatse.
Bushie Mosala, the director and owner of Mosala Funeral Services, confirmed that the body of a South African national has been in his mortuary for the past nineteen months. He expressed his desire for the police to remove the corpse from the mortuary, characterising the situation as a “nightmare.” He has instructed his legal team to file a lawsuit against the police in the Lobatse High Court concerning the body.
Mosala urged the acting Police Commissioner to come forward and apologize to the nation for the situation, asserting that the public has the right to know the truth regarding the body of the South African national, w
C -002Bhich was preserved by the police as evidence.
The South African High Commission in Gaborone had not responded to queries from Weekend Post at the time going of going to press.
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BOSETU frustrated by Gov’t new dispute winning strategy
Botswana Sectors of Teachers Union (BOSETU) has expressed alarm over a troubling trend by the government. Tobokani Rari, Secretary General of the BOSETU, stated that it appears that these days, whenever there is a dispute between workers and the government, the administration is fast to run to the courts to attempt and muffle unions.
“This is quite disturbing development, we have seen it with the Botswana Doctors Union, there was a disagreement over the shift allowance, government rushed to court, they indeed got order that was saying the doctors should go and do the work. We have seen it with the nurses, they rushed to court they got the order, we are now seeing it with the teachers, they rushed to the court and they got what they wanted,” said Rari, who also served as the Secretary General of BOFEPUSU.
Rari raised concerns that the government’s enforcement of teacher’s work, through a court order will result in reduced classroom productivity and morale. Rari added that this situation would negatively impact labour relations and teachers emotional wellbeing due to dissatisfaction in their work places leading to persistently poor academic outcomes.
“You can get an order that forces people to work, but what happens at work, it heightens emotions, it destroys relationships and the morale goes down and productivity does. Courts and judgments don’t solve productivity issues. Productivity only comes when people are satisfied at the workplace, so if you force them to work through a court order then you may not get the maximum out of the working population,” said Rari
MESD vs BOSETU COURT CASE
“As you are aware, the Ministry of Education approached courts and they were demanding three things from the court in this case between BOSETU and the ministry. First, they were demanding that the joint letter that was written by BOSETU and Botswana Teachers Union (BTU) asking members to stop doing course work because there was no agreement be declared unlawfully and BOSETU should write to its members and withdraw that letter within 24hrs. The second thing that they were looking for, was to interdict BOSETU from further issuing any instructions to that effect going forward. Lastly was that court should hold BOSETU to pay the cost of the lawsuit on a punitive scale,” Rari said.
Rari stated that the court decided to rule in favour of the Ministry of Education on all three relieves sought, that the savingram should be declared unlawful, that BOSETU should withdraw the contents savingram within 24hrs.
Court also said BOSETU should not issue any of such instructions going forward up until the case of contempt that BOSETU has taken to court, the contempt of the 2009 judgment has been decided. Court also awarded cost to the ministry on a punitive scale.
“BOSETU is a law abiding citizen and therefore we are bound by any laws and judgments that are there in Botswana and arise on the courts of Botswana hence we have complied with the order. On the 31st after the court case, we wrote to all our members and told them that the contents of that savingram as far as coursework is concerned has been withdrawn,” said Rari.
Rari said what happened in this case is that the judge decided to listen to the urgency without the responding affidavits of the opposing party, BOSETU, and went on to rule the merit of the case, which surprised the union.
“However we have been in discussion with our lawyers because if we leave things like this, we feel like we cannot leave that unchallenged. We have taken a decision to appeal the judgment,” Rari confirmed.
2023 COURSEWORK AND INVIGILATION AGREEMENT
“We would like to make our members aware that the following day after the judgment, we were able to meet the Ministry of Education and we have arrived at a conclusion that we signed an agreement that coursework rates will be increased by 5%. If court had ruled that coursework is the duty of the teachers’ means it wouldn’t have been any agreement after the court case, it tells you that the issue is still open and it is on the table. We have arrived at an agreement that there is going to be an increment on all components of coursework and invigilation,” Rari pointed out.
Rari further explained that Article 2 says union party is to submit detailed proposals on the intensity of the coursework for further engagement. Intensity of coursework means where the coursework payment starts in terms of varying from different subjects. He said the outcome based subject that are taught Maun Senior Secondary School and Moeng college which are agriculture and hotel and tourism is that ministry have agreed and acknowledge that there are some peculiarity in their coursework and therefore should be paid in line with the peculiarities that are contained in their coursework.
CONGRESS RESOLUTION
Rari pointed out the resolutions taken at the conference where the issue of application of corporal punishment was addressed. “BOSETU will issue out a memo to their members to advise them that they should not apply corporal punishment, they should leave it to be applied in line with the Education Act.”
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BMC sees red as mass buffaloes disrupt plans to supply schools
The Botswana Meat Commission (BMC) which had struck a deal with the Ministry of Education to supply some schools in the northern part of the country is counting losses as mass migration of buffalos jeopardize the Commission’s plans.
Information reaching this publication shows that the beef exporter was recently given the greenlight to supply government schools with beef. According to documents seen by this publication, as a result BMC had scheduled to buy and collect cattle in the Nata-Gweta and Boteti constituencies from 11 to 17 September.
This was after BMC and the Ministry of Education struck a deal for the former to supply government schools with beef. Letters exchanged between Ministry officials state that it has been recommended to the ministry to support BMC by allowing it to supply schools with beef products.
The Ministry indicated that it was aware that some schools have contracts that are currently running with suppliers such as local butcheries.
The Ministry revealed that at the same time BMC has 256 tins of frozen quality meat at its Maun Plant.
The Ministry requested the Director-Regional Operations to appoint an officer to manage the procurement of meat for schools that do not currently have running contracts. The Ministry further stated that Modalities of collection will be arranged between the region and the schools identified.
According to the Ministry, a list of schools including the condition of their cold rooms and their number of deliveries and kilograms per week they buy should be compiled. The Ministry also requested its officials to share the list with headquarters and the acting director-Basic Education, and engage BMC accordingly to procure.
But this plan ran into trouble after it emerged that between 300 to 500 buffalos migrated from the buffalo fence area to Nata, Dukwi and Mosetse areas.
The Department of Veterinary Services sprang into acting by revising movement protocol for cloven-hoofed animals with immediate effect following buffalo sightings in zone 3b which covers Nata/Sowa, zone 3c which is around the Dukwi areas as well as zone 6a, which covers the Mosetse area, which fall under zones, 3b, 3c, 5,6a and 8.
The Department of Veterinary Services indicated that as a result, movement of live cloven-hoofed animals and their products out of zones 3b, 3c, 5, 6a and 8 were prohibited and that movement of live cloven-hoofed animals within and into these zones is only allowed for direct slaughter at licensed slaughter facilities under veterinary movement permit issued through BAITS.
The department also indicated that the movement of fresh products derived from cloven-hoofed animals such as raw milk, skins and fresh meat into these zones is also only allowed under a similar arrangement.
Movement of live cloven-hoofed animals into these zones for rearing and other purposes will not be allowed, and farmers and the general public is requested to continue being vigilant and report any buffalo sightings to the nearest veterinary office, the police or the Department of Wildlife and National Parks, the department said.
Meanwhile the Ministry of Agriculture has stated that following the press release on prohibition of movement of live cloven-hooved animals and their products in and out of Zones 3b, 3c, 5, 6a & 8, the acting Minister of Agriculture Karabo Gare, his counterpart Acting Minister of Environment, Wildlife & Tourism Mabuse Pule, acting Permanent Secretary in the Ministry of Agriculture Mr. Joshua Moloi, Director of Veterinary Services Dr Kefentse Motshegwa and other government officials visited the areas of Sepako and Dukwi respectively on a mission to consult with communities regarding the invasion of the places by buffalos.
Minister Gare alluded that they have been sent by the President of Botswana, who is equally worried by the current situation. He noted that the affected areas have a total of around 300000 cattle and if the situation goes unchecked, there might be detrimental effects on the economy of this country.
He encouraged the communities to help government going forward by reporting any spotted buffalos in their areas, emphasizing that buffalos are dangerous and can kill people and that care should be exercised at all times.
The Director of Veterinary Services mentioned that they closed the above mentioned zones to allow for testing of buffalos & cattle for foot & mouth disease. The wildlife department’s Director Mr. Moremi Batshabang assured farmers and the community that they will eliminate small clusters of buffalos found within communities and translocate larger clusters to ensure their safety.