Bathoen II Trust: The devil is in the detail
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Bangwaketse Kgosikgolo Malope
Bathoen II Dam Nature Sanctuary Management Trust (BDNSMT) which is entrusted with the Bangwaketse tribe resources, principally those accumulated during the reign of the late Kgosikgolo Bathoen Gaseitsiwe II is caught up in financial misappropriations scandals.
A legend, Kgosi Bathoen II ruled Bangwaketse from 1928 to 1960 – a period in which he amassed the prosperity in cahoots with his community (morafe).
The trust was founded subsequent to Bathoeng’s departure in 1990, almost 10 years later– in 2001. He had before then, accumulated resources for his morafe, including Mmakgodumo dam, ranch stretching in spans of land, and Kanye Central Business District (CBD) among several others including recently acquired Kanye Brigade Development Trust and its subsidiary Secondary School.
Accounts of the trust are tampered with
A look into the books of the Trust accounts and operations as captured in the classified audit report, a copy of which has been leaked to Weekend Post, reveals there are 8 bank accounts under the Trust that were fiddled with.
Account name
Account Number
Lesedi Electrical
57160025759
KBDT (Kanye Brigade Development Trust) 1
57160008755
Thuso Block yard
57160008185
KBDT 2
62069330076
BDNSMT (call)
62066921282
BDNSMT (fixed)
71273779061
BDNSMT (Current Admin)
62332290874
BDNSMT (current secondary)
62332296062
Mmakgodumo Cultural Festival
1097729
According to the records, currently only 4 accounts (in bold in the table above) are active with available balances. Nonetheless “there are no documents to verify whether the rest were closed or are in use except that funds were transferred from those accounts on the 17/11/2011 to current active accounts”.
The report which was prepared by the Southern District Council, states that some financial transactions have been noted between such accounts and mostly with “no requisitions or supporting documents to verify the use of funds,” the confidential report highlights.
The other 9th account appears to be linked to the trust but under a team of individuals undersigned as Mmakgodumo Cultural Festival Committee.
The audit report states that there was a deposit of P201, 202.85 followed by another deposit of P80, 000.00 deposited into the BDNSMT (current secondary) account no 62332296062 on the 3rd December 2013. However, “there are no indication of sources and, these funds were deposited into an account that is used for (secondary) school funds hence the ‘assumption’ that the funds are somehow related to school administration.”
The audit report has therefore recommended that all inactive accounts; Lesedi Electrical, KBDT 1, Thuso Block yard and KBDT 2 should be closed and financial practices should be followed at all times to ensure informed and transparent transactions. The report also emphasized that adequate financial reports should be produced every quarter for Morafe’s briefing at the kgotla.
Bangwaketse relegated on Trust’s Agreements with third parties
According to information gathered during the audit process, the Trust has gotten into agreements with third parties which involved financial transactions. “The community was never consulted as required by Clause 11.5 (of the Deed of Trust) regarding some of these agreements. And there are no recorded Board Resolutions for such. For example, the car raffle and Mmakgodumo Heritage and Cultural Festival”
According to records availed, one gentleman (name withheld) has an outstanding agreement he made with Kanye Brigade Development Trust (KBDT) before its “takeover” by The Trust. The agreement shows that he was to develop plots 34, 35 and 38 at an agreed amount of P600 000.00 and the records show that part payment was made with a Cheque, for the sum of P200 000.00 on the 13th April 2011, that was three months before the takeover of KBDT by Trust.
The takeover meant that The Trust also took over the agreement yet there is no record that the trust ever discussed this issue after it took over KBDT. There is no trace showing into which account this lump sum was deposited.
All bank accounts linked to KBDT were handed over to the Trust and “none of them had a balance of more than P200 000.00” indicating the development funds as deposited by the man known to this publication.
The auditors have therefore advised that the Trust board should consult with all relevant stakeholders before making resolutions on any proposal brought before the board. It was also suggested in the report that all resolutions should be clearly recorded and filed for future references.
Mmakgodumo Cultural Festival lacks financial accountability
The Audit has uncovered that there was an amount of P30, 000.00 which was given to the Chairperson of Makgodumo Cultural Festival to conduct a Cultural Day event as per minutes dated 05/07/2014. The records show that the above mentioned funds were a grant from the Ministry of Youth, Sports and Culture to Bathoen Trust.
It is notable that the cultural day committee also received funding and donations from individuals and organizations e.g (National Food Technology research Centre (NFTRC) pledged the sum of P1000.00 as per letter dated 2nd September 2014 but no other information from donors was availed.
“There was no report or source documentation showing how the funds were utilized or disbursed. As a result it has been difficult to Audit to ascertain how the funds more especially the P30, 000.00 was utilized,” report points out.
Still with the Festival, the report posits that during an interview with the Secretary of Trust she mentioned that more than 400 letterheads have been given to the festival committee Chairperson so as to write to companies and individuals seeking financial assistance.
A recommendation was made that the Trust needs to account to the donor, the Government of Botswana on how the grant of P30, 000.00 was used and a consolidated report on the festival be availed.
“There were no records showing the accountability of issuing those letterheads. There is no proper record on who have been written to or who responded. The Trust is not able to account for all these letterheads,” it states.
A car ruffle omit financial specifics
According to Board minutes submitted for auditing, The Trust had an agreement with a certain lecturer at the brigade to facilitate a car raffle to raise money on behalf of the Trust.
Although tickets were sold country-wide the raffle never took place and some of the tickets are not yet accounted for. The trust does not have any records with regards to all the logistics of the aforesaid raffle. Only the said lecturer has records although not sufficient enough.
“The Trust is not able to confirm whether all those who bought tickets have been refunded and whether all those who were selling have accounted for all the tickets they were given,” the audit states.
A recommendation was therefore made that the Trust also needs to account for all the tickets that were produced for selling and collect those not sold. “A consolidation report must be availed for public consumption.”
Auction sales payments done by Trust board members
The audit report findings indicate that there were two auction sales conducted in the year 2012.
“For the first auction sale only receipts of payments have been availed for auditing and what is strange is that most payments were made by members of the Trust Board. Corporate governance principles do not allow for board members of organizations to participate in auction sales to ensure transparency and fairness of the auction.”
The report says the auction sale that was held on the 2nd November 2012 has proper files. Most of the items which were listed for auction have been accounted for including the disc harrow which was not sold through the auctioned but was later sold in 2013 at a value of P4,000.00 less than the reserve price of P6,000.00. “There is no documentation which shows why it was not sold through the auction which is the principle,” the report continues.
It further suggested that “the trust should produce consolidated detailed reports for all the auction sales conducted since January 2011 to December 2014.”
Trust has no Salary structure, Human Resources policy
The report further suggested that corporate governance policies be developed and implemented (Finance, HR, Procurement, Tender and Auction policies) along with a clear and justifiable resolution on sitting allowances which it stated was needed.
Sometimes Meetings are held with no quorum
According to the audit report meeting schedules are rarely adhered to. According to the Deed of Trust, board meetings are to be held quarterly, this means that full board meetings should be held 4 times per year while 6 executive meetings should be held per year.
Sitting allowances have to be paid for scheduled meetings; “however it was noted that in 2011 in a period of two months from the 7/9/2011 to 28/10/2011 five meetings were held and a total amount of P9, 569.00 was paid as sitting allowance for six members.”
The report further discovered that in 2013 a whooping P 40,866.00 was used to pay sitting allowances for board members during meetings which sometimes did not form a quorum. “For instance on the 25/02/2013 the sum of P1, 911.00 was paid as sitting allowance for meeting of three members,” the audit has un-earthed.
Furthermore, according to the audit report, the Board resolved to claim sitting allowances similar to those claimed by Adjudication; Trade and Licensing Committees of the Local Government, yet employees in the Trust are paid differently.
It highlights that on several occasions members of the board claim even for external meetings which are not in any way related to issues of the Trust.
The report also states that board members claim for un-scheduled meetings and there are no records justifying whether such meetings were emergency meetings or not.
Trust Receipt books manipulated
Moreover Weekend Post has gathered that during the inspection of receipt books, auditors came across two identical receipt books no 1801 – 2100 both with identical inputs. “It appears that information was copied from one receipt book to the other. The original receipts were removed from other receipt book and stapled to the latter to make it look like they originate in that receipt book.”
The audit clearly states that the receipts do not belong there due to the fact that the handwritings, although belonging to one person, the signatures in receipt no 1801 and 1802 original and copy are not identical. A signature mistake is also found on duplicate receipt number 1801 and 1802 of the older book. It is not identical to the original receipt stapled on top of it.
“Receipts no 2056 – 2058, 2065 – 2067, 2083 – 2085, 2095 – 2097 are not stapled in the older book. No clarification has been availed regarding the abnormality.”
There is no inventory of assets both movable and immoveable
It was recommended that the trust must keep an updated inventory of assets at all time.
No Rental register of Trust assets
Audit has discovered that there are properties that generate income under the custody of Trust, Residential houses (On and Off-Campus), Tirisanyo Shops, Auto workshop and Farm.
“Therefore, due to unavailability of a rent register, audit has not been able to compile and assess all rentals. This information would have helped to analyze the detailed cash flow of the trust and thus make relevant recommendations.”
Trust Patron, Kgosikgolo Malope II defends it (the Trust)
When reached for comment recently, Kgosi Malope told WeekendPost that the controversial issues pertaining to the Bathoen Trust was discussed prior at one of his lebatla (meetings) at the kgotla kgolo in Kanye and a consensus and/or compromise was reached but he denied to divulge it to this publication.
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The curtain came down at the PAP session with pomp and FUNFAIR
It was pomp and funfair at the Pan-African Parliament (PAP) on March 18 as the African Cultural Music and Dance Association (ACUMDA) brought the curtains down on the PAP session with a musical performance.
The occasion was the celebration of the Pan-African Parliament Day (PAP Day) which commemorated the inauguration of the first Parliament of the PAP on 18 March 2004 at the African Union Headquarters in Addis Ababa, Ethiopia.
The celebrations took place at the seat of the Parliament in Midrand to “reflect on the journey” as the institution turns 19. The event sought to retrace the origin and context of the establishment of the PAP.
The celebrations included musical performances by ACUMDA and a presentation by Prof. Motshekga Mathole of the Kara Heritage Institute on “Whither Pan-Africanism, African Culture, and Heritage.”
The PAP Day was officially launched in 2021 to educate citizens about the Continental Parliament and ignite conversations about its future in line with its mandate.
The establishment of the PAP among the AU organs signalled a historical milestone and the most important development in the strengthening of the AU institutional architecture. It laid solid groundwork for democratic governance and oversight within the African Union system and provided a formal “platform for the peoples of Africa to get involved in discussions and decision-making on issues affecting the continent.”
The genesis of the PAP can be legally traced back to 1991 with the adoption of the Treaty Establishing the African Economic Community, adopted on June 3, 1991, in Abuja (also known as the Abuja Treaty). This treaty defined the pillars and grounds for realizing economic development and integration in Africa and called for the creation of a continental parliament, among a set of other organs, as tools for the realization of African integration and economic development. This call was reemphasized in the Sirte Declaration of 1999, which called for the accelerated implementation of the provisions of the Abuja Treaty.
PAP celebrated its ten years of existence in March 2014, a year which coincided with the adoption, on June 27, 2014, in Malabo, Equatorial Guinea, of the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (PAP Malabo Protocol), which, once in force, will transform the PAP into a legislative body of the AU. It requires a minimum of 28 countries to ratify it before it comes into force.
Therefore, the commemoration of PAP Day serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 19 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The celebrations of PAP Day coincided with the closing ceremony of the sitting of the PAP Permanent Committees and other organs. The Sitting took place in Midrand, South Africa under the AU theme for 2023, “Accelerating the implementation of African Continental Free Trade Area (AfCFTA)” from 6 to 17 March 2023.
PAP President, H.E. Chief Fortune Charumbira, expressed appreciation to members for their commitment during the two-week engagement.
“We have come to the end of our program, and it is appropriate that we end on a high note with the PAP Day celebrations.
“We will, upon your return to your respective countries, ensure that the work achieved over the past two weeks is transmitted to the national level for the benefit of our citizens,” concluded H.E. Chief Charumbira.
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PAP needs to priorities land issues-Prof Mathole
Prof Motshekga Mathole of the Kara Heritage Institute has advised the Pan-African Parliament (PAP) to prioritise the land issue in the continent if they are to remain relevant.
He said this while addressing the Plenary during the commemoration of PAP Day held at the PAP Chambers in Midrand, South Africa
The PAP Day was officially launched in 2021 to commemorate the inauguration of the first Parliament on 18 March 2004 in Addis Ababa, Ethiopia. Intended as a platform for people of all African states to be involved in discussions and decision-making on problems and challenges facing the continent.
In a speech titled “Whither Pan-Africanism, African Culture, and Heritage,” Prof Mathole stated that for PAP to remain relevant, it must address the continent’s key land dilemma, which he feels is the core cause of all problems plaguing the continent
“If this Parliament is to be taken seriously, ownership of land and natural resources must be prioritized at the national and continental levels. Africans are not poor; they are impoverished by imperialist nations that continue to hold African land and natural resources,” said Prof Mathole.
“When African leaders took power from colonialists, they had to cope with poverty, unemployment, and other issues, but they ignored land issues. That is why Africa as a whole is poor today. Because our land and minerals are still in the hands of colonizers, Africa must rely on Ukraine for food and Europe for medical.”
Prof Mathole believes that the organization of the masses is critical as cultural revolution is the only solution to Africa’s most problems.
“We need a cultural revolution for Africa, and that revolution can only occur if the masses and people are organized. First, we need a council of African monarchs since they are the keepers of African arts, culture, and heritage. We need an African traditional health practitioners council because there is no ailment on the planet that cannot be healed by Africans; the only problem is that Africans do not harvest and process their own herbs,” he said.
Meanwhile, PAP President, H.E. Hon Chief Fortune Charumbira expressed satisfaction with the commitment displayed throughout the two-week period and said the PAP Day celebrations were befitting curtains down to the august event.
“On this high note of our two-week engagement, it is appropriate that we close our program on a high note with PAP celebrations, and I would like to thank everyone for your commitment, and please continue to be committed,” said H.E Hon Chief Charumbira.
PAP’s purpose as set out in Article 17 of the African Union Constitutive Act, is “to ensure the full participation of African people in the development and economic integration of the continent”. As it stands, the mandate of the Parliament extends to consultation and playing an advisory and oversight role for all AU organs pending the ratification protocol.
Also known as the Malabo Protocol, the Protocol to the consultative act of the AU relating to the PAP was adopted at the Assembly of Heads of State and Government summit in June 2014 and is intended to extend the powers of the PAP into a fully-fledged legislative organ. It requires a minimum of 28 countries to ratify it before it comes into force.
The commemoration of the PAP Day, therefore, serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 17 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The PAP Day commemoration also aims to educate citizens about the PAP and ignite conversations about the future of the continental Parliament in line with its mandate.
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DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”
Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”