Gov’t in 5 million pula back pay deal
Government has once again attracted a penalty, it has been instructed to back pay 5 million pula following a case in which some Botswana Public Employees Union (BOPEU) union members who are employed by Botswana Examinations Council (BEC) are demanding back pays from government.
WeekendPost can reveal that a settlement agreement was reached this week following several court appearances and battles in which the government finally conceded to pay the BEC staff the 5 million pula for the next 18 months. The back pays emanate from a BEC Board “Resolution” which was back stepped by government (BEC) for unclear reasons.
The Board meeting had took a decision to increase staff salaries after finding out about the salary disparities at the organization which warranted deserved back pays as from April 2014 to March 2016. At the time of the court appearance, both parties were in agreement about the said resolution but Acting High Court Judge Justice Zein Kebonang who presided over the matter seemed not settled by the matter and wanted sufficient proof. In light of avoiding extra humiliation the parties resolved their differences amicably to avoid further unnecessary court battles.
The parties then further compiled a settlement agreement in which government appeared to be the biggest loser as they would cough out multi-million payments to the said employees. According to the settlement agreement, signed on 10th May by both parties: “now therefore the parties agree that: pursuant to the Governing Council Resolution of the Respondent (BEC) passed on the 19th of June 2013, the Respondent (BEC/government) shall pay the balance of the salary disparity adjustment for the period between 1st April 2014 to 31st March 2016, but for a maximum period of 18 months.”
In addition, government was also advised that it shall also pay the amount due on or before the 31st of July 2017. It continues: “this agreement constitutes the entire agreement between the parties and each party acknowledges that there are no further agreements not expressly included herein.” The agreement was to remain binding to both the parties immediately upon signature by both of them (which was done on 10 May) and shall operate until it is approved and made an Order of Court.
Speaking to Weekend Post subsequent to the settlement, an attorney representing applicants (BOPEU) in the matter Uyapo Ndadi of Ndadi Law Firm expressed joy as he said the agreement is precisely in their favour and that the union members will be reap fruits of their labour. “I am happy with the outcome and my clients (BOPEU) are happier for they will be reaping the fruits of their labour and will smile all the way to the bank, come end of July,” he highlighted.
The esteemed attorney however expressed discontentment about the “wasteful government” pointing out that it was unnecessary for the matter to end up in court. “I believed in the case from day one and it didn’t have to end up in court as it was totally unnecessary,” he said. “The litigation was waste of tax payer’s money. Officials must be held accountable and liable for the decisions or indecisions they make,” he asserted.
He also added that those who no longer work for BEC but were employees of BEC between the stipulated periods can also come forward and claim. “This includes those who are deceased, their heirs must also claim on their behalf.” Meanwhile, in the heads of arguments, Ndadi narrated that BOPEU had, as far back as 2012, engaged BEC on salary disparities that existed among its staff, and, the talks culminated in BEC engaging consultants by the names Global Consultants and Swicon 360 to review the salary structures of BEC.
He pointed out that “from the Human Resource Committee (HRC) resolutions and recommendations, it is stated that it was observed that most of BEC employees earned salaries below market rate, mainly due to BEC pay practices that made it impossible for any progression to be achieved.”
It is understood that the said HRC report observed that since 2007, majority of BEC employees were on band minima (lowest band) and consequently recommended that such employees should have their salaries raised to band midpoints. It was also recommended that raising the minimum salaries from band minima to band mid points be done over a period of 2 years to minimize the effect that such adjustments may have on the budget without elongating the period required to address these disparities.
According to Ndadi, it was further recommended that in the spirit of fairness and equity, those employees who were not at band minima or band maxima should have their salaries raised by 3%. “On the 19th June 2013, the Governing Council adopted and approved, among other things, recommendations by the HRC. All e-mail was sent to all staff dated 24 June 2013 confirming the approval of the recommendations by HRC.”
He explained that the decision of the Governing Council was to effect on the 1st April 2013, and that letters were issued to all concerned staff evidencing that implementation of the resolution was underway. In 2013, he remembered that all concerned staff was then given half of the increase they were entitled to and the other half was to be effected the following year.
“However those who are entitled to an increase of 3% (as per the resolution that was aimed at achieving fairness and equity) have to date not received their salary increments,” Ndadi asserted, while pointing out that that wa the crux of the matter.
He had requested the court that all staff, (present and past) that would have otherwise been entitled to an increase in April 2013, be awarded the increase, up to the time that they left employment or up to the time of their promotion or up to the time they died, whichever might be the case.
“Our view is that the operative words are clear and in that they show that the salaries must be raised over two successive years and not just two years.” The first year that the resolution was in April 2013 and it follows that the second year of implementation ought to have been April 2014, he submitted.
On the other hand however the BEC lawyer Batlhalefi Moeletsi of Moeletsi attorneys argued that both parties agreed that the issue to be determined in the matter is whether the Resolution passed by BEC on the 19th June 2013 entitles employees to back pays or not.
He submitted that it was not in dispute that no agreement was concluded between BOPEU and BEC on the issue of back pays or any issue in respect of the implementation of BEC’s resolution. “In fact, that much is admitted by BOPEU.” Moeletsi said the resolution was a decision of BEC on how it sought to address the problem in its salary structure and nothing more.
“Seeing that the argument on contract is untenable, BOPEU then claims that the consequences of the Resolution were also administrative in that the Resolution was an undertaking to increase salaries. It is submitted that there was no such undertaking to increase salaries,” Moeletsi pointed out. He said the Resolution, was about removing salary disparities, an exercise which could of course lead to an increase in an employee’s salary.
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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.