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.
Former Umbrella for Democratic Change (UDC) Member of Parliament for Gaborone North, Haskins Nkaigwa has confirmed his departure from opposition fold to re-join the ruling Botswana Democratic Party (BDP).
Nkaigwa said opposition is extremely divided and the leadership not in talking terms. “They are planning evil against each other. Nothing much will be achieved,” Nkaigwa told WeekendPost.
“I believe my time in the opposition has come to an end. It’s time to be of value to rebuilding our nation and economy of the country. Remember the BDP is where I started my political journey. It is home,” he said.
“Despite all challenges currently facing the world, President Masisi will be far with his promises to Batswana. A leader always have the interest of the people at heart despite how some decisions may look to be unpopular with the people.
“I have faith and full confidence in President Dr Masisi leadership. We shall overcome as party and nation the current challenges bedevilling nations. BDP will emerge stronger. President Masisi will always have my backing.”
Nkaigwa served as opposition legislator between 2014-2019 representing Botswana Movement for Democracy (BMD) under UDC banner. He joined BMD in 2011 at the height public servant strike whilst Gaborone City Deputy Mayor. He eventually rose to become the mayor same year, after BDP lost majority in the GCC.
Nkaigwa had been a member of Botswana National Front (BNF), having joined from Alliance for Progressives (AP) in 2019.
Botswana has received assistance worth over P100 million from Japanese government since 2019, making the latter of the largest donors to Botswana in recent years.
The assistance include relatively large-scale grant aid programmes such as the COVID-19 programme (to provide medical equipment; P34 million), the digital terrestrial television programme (to distribute receivers to the underprivileged, P17 million), the agriculture promotion programme (to provide agricultural machinery and equipment, P53million).
“As 2020 was a particularly difficult year, where COVID-19 hit Botswana’s economy and society hard, Japan felt the need to assist Botswana as our friend,” said Japan’s new Ambassador to Botswana, Hoshiyama Takashi.
“It is for this reason that grants of over P100 million were awarded to Botswana for the above mentioned projects.”
Japan is now the world’s fourth highest ranking donor country in terms of Official Development Assistance (ODA).
From 1991 to 2000, Japan continued as the top donor country in the world and contributed to Asia’s miracle economic development.
From 1993 onwards, the TICAD process commenced through Japan’s initiative as stated earlier. Japan’s main contribution has been in the form of Yen Loans, which are at a concessional rate, to suit large scale infrastructure construction.
“In Botswana, only a few projects have been implemented using the Yen Loan such as the Morupule “A” Power Station Rehabilitation and Pollution Abatement in 1986, the Railway Rolling Stock Increase Project in 1987, the Trans-Kalahari Road Construction Project in 1991, the North-South Carrier Water Project in 1995 and the Kazungula Bridge Construction Project in 2012,” said Ambassador Hoshiyama.
“In terms of grant aid and technical assistance, Japan has various aid schemes including development survey and master planning, expert dispatch to recipient countries, expert training in Japan, scholarships, small scale grass-roots program, culture-related assistance, aid through international organizations and so on.”
In 1993, Japan launched Tokyo International Conference on African Development (TICAD) to promote Africa’s development, peace and security, through the strengthening of relations in multilateral cooperation and partnership.
TICAD discuss development issues across Africa and, at the same time, present “aid menus” to African countries provided by Japan and the main aid-related international organizations, United Nations (UN), United Nations Development Programme (UNDP) and the World Bank.
“As TICAD provides vision and guidance, it is up to each African country to take ownership and to implement her own development following TICAD polices and make use of the programmes shown in the aid menus,” Ambassordor Hoshiyama noted.
“This would include using ODA loans for quality infrastructure, suited to the country’s own nation-building needs. It is my fervent hope that Botswana will take full advantage of the TICAD process.”
Since then, seven conferences where held, the latest, TICAD 7 being in 2019 at Yokohama. TICAD 7’s agenda on African development focused on three pillars, among them the first pillar being “Accelerating economic transformation and improving business environment through innovation and private sector engagement”.
“Yes, private investment is very important, while public investment through ODA (Official Development Assistance) still plays an indispensable role in development,” the Japanese Ambassador said.
“For further economic development in Africa, Japan recognizes that strengthening regional connectivity and integration through investment in quality infrastructure is key.”
Japan has emphasized the following; effective implementation of economic corridors such as the East Africa Northern Corridor, Nacala Corridor and West Africa Growth Ring; Quality infrastructure investment in line with the G20 Principles for Quality Infrastructure Investment should be promoted by co-financing or cooperation through the African Development Bank (AfDB) and Japan.
Japan also emphasized the establishment of mechanisms to encourage private investment and to improve the business environment.
According to the statistics issued by Japan’s Finance Ministry, Japan invested approximately 10 billion US dollars in Africa after TICAD 7 (2019) to year end 2020, but Japanese investment through third countries are not included in this figure.
“With the other points factored in, the figure isn’t established yet,” Ambassador Hoshiyama said.
The next conference, TICAD 8 will be held in Tunisia in 2022. This will be the second TICAD summit to be held on the African continent after TICAD 6 which was held in Nairobi, Kenya, in 2016.
According to Ambassador Hoshiyama, in preparation for TICAD 8, the TICAD ministerial meeting will be held in Tokyo this year. The agenda to be discussed during TICAD 8 has not yet been fully deliberated on amongst TICAD Co-organizers (Japan, UN, UNDP, the World Bank and AU).
“Though not officially concluded, given the world situation caused by COVID-19, I believe that TICAD 8 will highlight health and medical issues including the promotion of a Universal Health Coverage (UHC),” said Hoshiyama.
“As the African economy has seriously taken a knock by COVID-19, economic issues, including debt, could be an item for serious discussion.”
The promotion of business is expected to be one of the most important topics. Japan and its partners, together with the business sector, will work closely to help revitalize private investment in Africa.
“All in all, the follow-up of the various programs that were committed by the Co-Organizers during the Yokohama Plan of Actions 2019 will also be reviewed as an important item of the agenda,” Ambassador Hoshiyama said.
“I believe that this TICAD follow-up mechanism has secured transparency and accountability as well as effective implementation of agreed actions by all parties. The guiding principle of TICAD is African ownership and international partnership.”
Directorate on Intelligence Services (DIS) Director General, Brigadier Peter Magosi is said to be hell-bent and pushing President Mokgweetsi Masisi to reshuffle his cabinet as a matter of urgency since a number of his ministers are conflicted.
The request by Magosi comes at a time when time is ticking on his contract which is awaiting renewal from Masisi.
This publication learns that Magosi is unshaken by the development and continues to wield power despite uncertainty hovering around his contractual renewal.