In a classic David and Goliath sequel, Botswana Television (BTV) producer, Koketso Joshua Ntopolelang this week walked out of court a victorious man. Ntopolelang won a Court of Appeal (CoA) bid wherein he sought the court to scupper his ‘dishonest’ election year transfer.
The court set aside his redeployment to the Programs Section and the transfer to the formerly Ministry of Minerals Energy and Water Resources (MMEWR). In January 2014, Ntopolelang was shifted to a less strategic division in BTV after his transfer to MMEWR was foiled by an urgent Industrial Court order.
This redeployment succeeded in extracting him from the News and Current Affairs Section which is primarily responsible for producing current affairs content. In a lead up to the redeployment, he had been apparently told by one Lesole Obonye, a Broadcasting Services Director that he was not trusted enough to head BTV’s News and Current Affairs Section, especially since it was election year (2014).
Ntopolelang’s court papers seen by WeekendPost state that Obonye remarked to Ntopolelang: “Gase gore gare bone bokgoni jwa gago jaaka o bona DPS (Deputy Permanent Secretary) a kgona go go assigner high profile assignments. Re ntse re diilwe ke go bua le bagolo and we were waiting for instructions…kana ke ngwaga wa ditlhopho. Ga se gore gare bone bokgoni jwa gago…ba batla yo ba mo tshephang.” the document reads in part.
Literally translated, Obonye told Ntopolelang that, “It is not that we cannot see your competence, as you can see, the DPS sometimes gives you high profile assignments. The delay was due to discussions with elders and we were waiting for instructions…mind you this is election year. It is not that we don’t acknowledge your competence, but they want somebody they can trust.”
Ntopolelang further noted that Obonye mentioned the phrase ‘ke ngwaga wa ditlhopo (It is election year)’ three times. However, this Thursday Ntopolelang emerged on top in his court skirmish with his bosses. A panel of three CoA Justices comprising Isaac Lesetedi, C Howie and Lord Alistair Abernathy found that Ntopolelang’s employer, being the Secretary in the Ministry of Presidential Affairs, Kebonye Moepeng had not properly consulted him regarding his transfer.
They observed that even though the judge at the previous court determined and held that Ntopolelang’s transfer to MMEWR was preceded by consultation, he had however made no finding in relation to his redeployment to another department within BTV. They further noted that in this particular case there was no material dispute between the parties as to what the law requires in relation to consultations in cases of this kind.
“The dispute was whether in the particular circumstances of this case the legal requirements have been met,” CoA determined. The trio also noted that there was no suggestion by Ntopolelang that the consultation had to take any particular form and that it was accepted that it was for the court to examine the facts and circumstances of the case and determine whether a proper consultation took place.
They highlighted that in consultation, “what follows is not exhaustive and that such consultation is not to be treated perfunctorily or as mere formality. It entails a genuine invitation to the person concerned to say what he wishes to say and a genuine consideration of what he said.”
They further continued: “Sufficient time must be given to enable the person concerned to say what he wishes to say and how to say it.” The judges also determined that sufficient time must then be available to allow the decision maker to consider what has been said and that all this must be done before a decision maker reaches his decision. If his mind is already made up before the consultation process is complete, that is not compatible with a proper consultation.”
The justices further ruled that in regard to the facts of the case it is clear that the legal requirements for a proper consultation were not met either in respect of the decision to transfer Ntopolelang to MMWER or in respect of the decision to redeploy him within the Broadcasting Services.
They also chided that it was not sufficient for Moepeng and Lesole to rely on Ntopolelang to take the initiative in commenting on the stated intention of his superiors to transfer and redeploy him. On the contrary, they stated, it was for them to take initiative and to keep an open mind until the consultation process was complete.
But neither at the meeting on 14 August 2014 nor at the meeting of 10 September 2014 was Ntopolelang given a genuine invitation to comment. Still less was an appropriate timetable set within which he could offer any comments and they could thereafter consider them before coming to a decision.
Indeed from what occurred at the meeting 14 August 2014 and the first Moepeng’s letter of 22 August 2014 it seems to me that she had prior to the meeting of 14 august decided that Ntopolelang was to be transferred to MMWER, the only aspect that remained for discussion was the date the transfer would take place.
They further said that, similarly it seems clear that it had been decided prior to the meeting on 10 September that Ntopolelang was to be redeployed within the Broadcasting services. The very next day, a day before the hearing in the Industrial Court as to whether the interim interdict was to be granted on 5 September 2014 was to be confirmed, Obonye wrote his letter of 11 September.
They further said that even though his redeployment within Broadcasting Services was not illegal, “in my opinion it would be stretching credulity too far to say that it was altogether unconnected with what the Industrial Court might do on 12 September.” Ntopolelang was represented by attorney, Mboki Chilisa of Collins Chilisa Consultants.
In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).
The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.
Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.
Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.
The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.
This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).
The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.
The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.
In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.
Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.
Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.
“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.
Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.
“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.
The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.
UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.
Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.
Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.
Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”
Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.
FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS
With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.
BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.
BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.
It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.
Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”
It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.
At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.
Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.
Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.
BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.
The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.
By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.
In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.
“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.
“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.
The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.
All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.
“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.
Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.
Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.
COVID-19 RAVAGES POLICE
As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.
“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.
The cops further complain about that working spaces are small, as such expose them to contact the virus.
“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.
The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.
“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.