President Lt. Gen. Ian Khama could have acted in bad faith when he suspended the four Judges of the High Court, Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang and let others get away with the same offence.
It has emerged that two other Judges, Justices Monametsi Gaongalelwe (currently court of appeal judge) and Terrence Rannowane have added up to the list of High Court Judges who have been receiving housing allowance illegally whilst occupying institutional accommodation.
Another former Judge and current Minister of Education and Skills Development, Unity Dow still owes P 869.85 for the housing allowances accrued while she was still a Judge as she was terminated before it was fully recovered.
Unlike the trio, four other Judges were suspended for constantly getting housing allowances which they were not eligible for. Some observers believe that it was a witch hunt against the four-some, particularly the nonconformist Justice Key Dingake who had made liberal and ground breaking judgements mostly seen as anti-government.
A confidential final audit report conducted for the Administration of Justice under the Ministry of Defence, Justice and Security, seen by this publication has implied that disciplinary action should be taken against officers who fail to take action, resulting in government incurring unnecessary losses.
It also confirms that Justices Gaongalelwe and Rannowane add to the list of Judges who have been receiving un-entitled housing allowances.
“Hon. Key Dingake, Hon. Ranier Shakes Busang, Hon. Mercy Tapologo Garekwe and Hon. Modiri Letsididi, Hon. Monametsi Gaongalelwe and Hon. Terrence Rannowane have been receiving housing allowance while occupying institutional houses,” the classified official report highlighted.
The report states that the Judges are estimated to have received P 251 069.00, P 105, 468. 75, P123, 281. 10, P 494, 323. 40, P 63, 140. 00 and P 47, 008.95 respectively as housing allowances for which they were not eligible to.
The internal report which is titled “Final internal audit report – Honourable Judges’ housing allowance was prepared under the theme “Helping in the achievement of accountability and transparency in the Ministry of Justice, Defence and Security”, also unearthed that “the total housing allowance received by the Hon. Judges amounted to P 1, 084, 291. 20.”
It revealed that in addition to the suspended four Judges, Judge Gaongalelwe was overpaid housing allowance from February 2004 to March 2005 and from August 2007 to March 2008. “Judge Gaongalelwe wrote to Administration of Justice on 10th April 2008, requesting that his housing allowance overpayments be recovered from his salary effective May 2008.” The payment is not however fully recovered, report continues.
The report shows that overpayment and deduction for Justice Gaongalelwe indicate that he was overpaid by P 104, 444.00 and deductions suggest that his outstanding balance still stands at P 63, 140.00.
For Rannowane, the audit team observed that during the period as Acting Judge he was paid housing allowance of P 5, 937.45 per month from September 2008 to July 2009 and also paid monthly rental of P 1, 664.00. “Justice Rannowane was not entitled to housing allowance for the time he was accommodated in the institutional house.”Moreover the report indicates that he received an overpayment of P 47, 008.95.
According to the report, Judge Unity Dow was also allocated institutional housing on 6th February and she continued receiving the allowance for 5 months after the allocation. It states that: “a casualty return was issued on 3rd July 2007, authorising deduction of overpayment from Judge Dow’s salary. The overpayment was not fully recovered as there remained a balance of P 869.95.”
On their part, it is understood that the Administration of Justice failed to issue casualty returns to terminate payments of housing allowance upon occupation of institutional housing by Judges and no monthly reconciliation was done to detect payments of allowance to non-eligible officers.
The secret report also recommended that management should ensure that monthly reconciliation of salary payments is carried out to detect and prevent payments to non-eligible officers as well as recovery of housing allowance overpayment paid to the Judges who were not eligible should be effected, immediately.
According to the audit report, Judges had not signed House Occupation Certificates upon occupying institutional houses and no particular reason was advanced for failure to keep these certificates.
“This was in contravention of cabinet memorandum no. 90 dated 6th May 2015, ministerial file NO MDJS (S) 1/13/32 I which provides that when a Hon. Judge “…take up occupation of an official free residence and when he or she vacates it, he or she shall sign the appropriate House Occupation and Vacation Certificates which is required by the housing Officer.”
Failure by the Administration of Justice to terminate housing allowance was attributed to non-reconciliation of payroll, in contravention of financial procedure 1115, requiring monthly reconciliation of salaries to detect any discrepancies in salary and allowances payments, it stated.
“This state of affairs has exposed government funds to the possibility of irrecoverable loss considering the amount of overpayment already incurred.”
According to the Judges’ appointment letters they are eligible for government housing allowance with hard furnishing, which is rent free. They are only entitled to receiving housing allowance in the event that there is no government house in which they could be accommodated.
The internal audit report was prepared by Senior Internal Auditor, Maria Mokgwathi and reviewed by Chazha Matsheka on the 23rd May 2016 and it covered the records for the financial years 2004/05 to 2015/16.
The audit follows another which was conducted at High Court headquarters from the 3rd September to the 16th October 2015. It was a special audit requested by Chief Justice on the 4th August 2015.
Management requested for a special audit after realising that some Judges had been receiving housing allowance that they did not deserve since they were residing in institutional houses.
The objective of the audit was to establish whether there is reliability and integrity of recorded information to verify that housing allowances paid to Judges are done correctly by the Administration of Justice.
Meanwhile, the four suspended Judges are currently scuffling in court fighting for the suspension to be lifted as they see it as unlawful and unconstitutional.
They want the court to declare as invalid the decision by President Lt. Gen. Seretse Khama to appoint a tribunal which will investigate them with the potential of elimination from office.
Botswana Police Service (BPS) has indicated concern about the ongoing trend where the general public falls victim to criminals purporting to be police officers.
According to BPS Assistant Commissioner, Dipheko Motube, the criminals target individuals at shopping malls and Automated Teller Machines (ATMs) where upon approaching the unsuspecting individual the criminals would pretend to have picked a substantial amount of money and they would make a proposal to the victims that the money is counted and shared in an isolated place.
“On the way, as they stop at the isolated place, they would start to count and sharing of the money, a criminal syndicate claiming to be Criminal Investigation Department (CID) officer investigating a case of stolen money will approach them,” said Motube in a statement.
The Commissioner indicated that the fake police officers would instruct the victims to hand over all the cash they have in their possession, including bank cards and Personal Identification Number (PIN), the perpetrators would then proceed to withdraw money from the victim’s bank account.
Motube also revealed that they are also investigating a case in which a 69 year old Motswana woman from Molepolole- who is a victim of the scam- lost over P62 000 last week Friday to the said perpetrators.
“The Criminal syndicate introduced themselves as CID officers investigating a case of robbery where a man accompanying the woman was the suspect.’’
They subsequently went to the woman’s place and took cash amounting to over P12 000 and further swindled amount of P50 000 from the woman’s bank account under the pretext of the further investigations.
In addition, Motube said they are currently investigating the matter and therefore warned the public to be vigilant of such characters and further reminds the public that no police officer would ask for bank cards and PINs during the investigations.
Botswana Congress Party (BCP) leadership walked out of Umbrella for Democratic Change (UDC) National Executive Committee (NEC) meeting this week on account of being targeted by other cooperating partners.
UDC meet for the first time since 2020 after previous futile attempts, but the meeting turned into a circus after other members of the executive pushed for BCP to explain its role in media statements that disparate either UDC and/or contracting parties.
The Director General of the Directorate on Corruption and Economic Crimes (DCEC), Tymon Katlholo’s spirited fight against the contentious transfers of his management team has forced the Office of the President to rescind the controversial decision. However, some insiders suggest that the reversal of the transfers may have left some interested parties with bruised egos and nursing red wounds.
The transfers were seen by observers as a badly calculated move to emasculate the DCEC which is seen as defiant against certain objectionable objectives by certain law enforcement agencies – who are proven decisionists with very little regard for the law and principle.