Audit faults staff on Judges housing allowances
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Judges confirm receiving housing allowance undeservedly
A confidential audit conducted by Ministry of Defense, Justice and Security under Administration of Justice (AoJ) has proved that the AoJ staff is to be faulted for the poor administration of the housing allowance saga.
According to the audit report, the department failed to manage the startling gaffe by ensuring the proper process of accommodation and its allowance by the esteemed judges is adhered to.
This notwithstanding, all the Judges’ appointment letters including the suspended Justices, Key Dingake, Modiri Letsididi, Mercy Garekwe and Ranier Busang states the clear procedure expected of the judges with regard to accommodation and allowances.
“You shall be eligible for government housing with hard furnishing, which is rent-free. In the event that there is no government house in which you could be accommodated, government will pay you a housing allowance currently at P4 510.00 per month,” appointment letters to each of the suspended Judges state.
Dingake was appointed Judge on the 1st September 2005, Garekwe on the 1st April 2011 while Weekend Post would not establish when Letsididi and Busang became substantive Judges.
However President Lt. Gen. Ian Khama on 26 August 2015 suspended the quartet for concurrently occupying government houses and undeservedly receiving accommodation allowances for a considerable period of time.
The audit which is titled: ‘interim internal audit report – Honourable judges housing allowance’ puts AoJ staff against the wall for not making sure that the procedure of ceasing allowances when Judges were now occupying institutional houses is/was followed.
The audit report points out that “the failure by Administration of Justice to terminate housing allowances of the suspended four judges was attributed to non-reconciliation of payroll, in contravention of financial procedure.”
The procedure necessitates that monthly reconciliation of salaries detects any discrepancies in salary and allowances payments. It further posits that AoJ failed to issue casualty returns to terminate payments of housing allowance upon occupation of institutional houses by Judges and no monthly reconciliation was done to detect payments of allowance to non-eligible officers.
According to the report, going forward: AoJ management should ensure that monthly reconciliation of salary payments is carried out to detect and prevent payments to non-eligible officers.“This state of affairs has exposed government funds to possibility of irrecoverable loss, considering the amount of overpayment already incurred.”Government has already paid close to 1 million pula wrongfully to the suspended judges.
Justice Key Dingake has stated in his founding affidavit, advised by former Registrar of the High Court Justice Godfrey Ntlhomiwa and Justice Gaolapelwe Ketlogetswe, that in the past other Judges have found themselves in a similar position and they were merely required in accordance with the relevant provisions of the law to make arrangements to pay back the money, as the matter is administrative and a mere blunder on the part of the staff at AoJ.
“The matter is purely administrative. The administrators (accounting officers) however, who should have acted to stop the payment of the allowance have not been charged with misconduct,” Justice Dingake highlighted. In the suspended Judges’s view, it was a primary responsibility of the AoJ or its accounting officer to stop housing allowance once a judge is allocated an official residence.
He continued: “other Judges who also received the allowance (even if they paid back) have not been sanctioned in anyway. The damage to the judiciary arising from a matter which ought to have been resolved administratively was not factored in.”In fact, he said after the issue of overpayment of allowances had been reported to the police, all of them still received the housing allowance as part of the August salaries.
More judges mistakenly paid housing allowance?
According to the quartet, they are not the only judges to whom housing or the allowances have been paid by the AoJ inadvertently when they were not entitled to the same. “In this context, your selective approach is highly questionable, amounts to harassment and witch-hunting,” the suspended judges maintain. Meanwhile, the CJ is said to have alluded that he will use the issue of Judges housing allowance to “destroy careers” and that some judges will never become Chief Justices of Botswana.
However, in the affidavit, Dibotelo said investigations are still ongoing and if others are found to have also unduly benefitted, the law will take its course. “There is simply no one above the law. The damage to the judiciary would have been occasioned by an attempt to conceal this wrongdoing.”
The confidential audit also suggests that the beneficiaries of erroneous payments had a duty to inform the employer of the overpayment, especially that it occurred over a considerable period of time. They should not have allowed accumulation of overpayments to the extent it is to-date, the auditors point out.
How gov’t lost P1 million in housing allowances
Justice Key Dingake
Information gathered by the auditors indicates that Dingake occupied the government house on the 29th December 2012 at Phakalane and he received payment of housing allowance from January 2013 to August 2015. In total, Dingake received P200, 467.95 for the accommodation.
Justice Modiri Letsidi
Letsidi stayed in an institutional house in Francistown since 2007. He received undeserved housing allowances from then until 2014. The Judge was overpaid by a whooping P494, 323.40.
Justice Ranier Busang
The auditors point out that Busang was allocated a government house on 9th April 2014 at Lobatse and was paid housing allowance from February 2014 to August 2015. Busang received P105, 468.75 for housing allowances while staying in a government house.
Justice Mercy Garekwe
In addition, the report also states that Garekwe also received an amount of P123,281.10 for housing allowances from February 2014 to August 2015 while occupying an institutional house.
Suspended Judges confirm receiving the housing allowance (undeservedly)
In the court papers, the four suspended Judges have stated that indeed they received the accommodation allowance and are willing to pay it back. They indicated: “we do hereby confirm to you that unbeknown to us, and without our consent, such allowance was paid to us.” “We are as a matter of fact willing to pay back the aforesaid amounts.”
Judges to pay the money back to government coffers?
The auditors have recommended that there should be a recovery of all housing allowance overpayment paid to the Judges who were not eligible, with immediate effect. This will also include termination of that allowance henceforth to undeserved judges.
Section 48 and 49 of the Public Finance and Administrations Act provide mechanisms by which public funds can be paid back.
Dibotelo defends AoJ, attacks the four suspended and other judges
In relation to audit report having proved that the four judges wrongfully received housing allowances, Chief Justice Maruping Dibotelo said in his answering affidavit before court that due to the gravity of the matter he decided to refer it to the Judicial Service Commission (JSC) which in turn resolved that the case be referred for investigation by the Police.
“This matter was viewed as having gone beyond a mere administrative lapse or mere overpayment into the realm of prima facie criminal behavior and or misbehavior,” Dibotelo pointed out. In addition Dibotelo highlighted that, as on the face of it, the receipt of the housing allowance and its apparent conversion by the applicants (four suspended judges) may constitute an act of “theft.”
The Chief Justice said the referral of the four applicants to the police after the audit report was not an act of discrimination nor was it actuated by malice. He said it flowed from the gravity of the revelations of the audit report, the huge sums unlawfully paid the recurrence over a very long period of time ranging from sixteen months to eighty five months.
He pointed out that the actions of the suspended judges appeared to constitute a potential criminal conduct so the AoJ could not be a complainant, investigator and adjudicator in the matter so they reported the matter to the independent and credible body in the form of the police. “So it was considered that investigations into the conduct of applicants be done by an impartial and competent authority to avoid allegations of bias and also ensure that the integrity of the investigations was not compromised,” he added.
With regard to confirmatory affidavits by Justice Nthomiwa and Justice Ketlogetswe, Dibotelo asserted that apart from bringing into question their own competence to hold higher office they miss the point altogether. “The point is that the applicants received allowances not due to them and utilized the same, thus converting the money they received to their own use. That act prima facie constitutes an act of theft,” the Chief Justice indicated.
He added that the fact that they may have been lapses on their part (AoJ) in the past does not excuse the applicants nor does it change the colour of the offense. Dibotelo said it is also immaterial whether they want to refund the money to the government.
Chief Justice also hits back at Justices Ntlhomiwa and Ketlogetswe
“I am advised that the attempt by the two judges (Nthomiwa and Ketlogetswe) who are former registrars of the High Court, to trivialize the possible unlawful conversion of close to one million pula by describing it as a mere administrative matter is also most unfortunate and brings into question their motive and credibility as witnesses.”
According to Dibotelo, the attempt by the duo to trivialize the unlawful conversion of the amount and describe it as a mere administrative matter is “shocking to say the least.”
Dibotelo also mentioned that both Justice Nthomiwa and Ketlogetswe have signed a petition calling for his impeachment as Chief Justice and have made defamatory statements concerning his person. “It has since come to my attention that some of the signatures in that petition may not be of those they purport to be. I am yet to however establish the truthfulness of this allegation, and if true act on it.”
The audit sought to establish whether government assets are safeguarded from losses of all kinds and make appropriate recommendations to address the identified anomalies.
The report on the audit exercise was conducted at the High Court from the 5th to the 25th August 2015, as requested by Chief Justice Maruping Dibotelo on the 4th August 2015.
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The newly elected Botswana Movement for Democracy (BMD) Executive Committee led by Pastor Reverend Thuso Tiego has declared their disapproval of homosexuality saying it is anti-Christianity and Botswana culture.
Speaking at a Media Briefing this past week, BMD President Tiego said Botswana has been a country that respects culture hence endorsing homosexuality will be catastrophic.
“Our young generation grew up being taught about types of families, if homosexuality is passed, at what age will our children be introduced to homosexuality?” he rhetorically asked.
He continued: “If we are going to allow homosexuality then the next day, another person will come and say he wants to practice bestiality. What are we going to do because we have already allowed for this one (homosexuality) and at the end it will be a total mess.” Bestiality is sexual relations between a human being and an animal
This according to Tiego will give those people an opportunity thus disrupting known Botswana beliefs. He however dismissed any notion that the decision to condemn homosexuality should not be linked to the top two of the committee who are men of cloth. “This is a decision by the whole committee which respects the culture of Botswana and it should not be perceived that because we are clergymen we are influencing them, but even if we do, politics and religion are inter-related.”
Of late the church and the human rights organization have been up in arms because of the high court decision to allow for same sex marriages. Ministries ganged up, petitioned parliament and threatened to vote out any legislator who will support the idea. The ruling party, BDP which was to table the amendment in the constitution, ended up deferring it.
BMD President further revealed that he is aware of what really led to the split of the party and he is on course to transform as they approach 2024 elections.
“There are so many factors that led to split of party amongst others being leadership disputes, personal egos and ambitions, toxic factionalism and ideological difference just to mention a few, but we are transforming the party and I am confident that we will do well in the coming elections.
In addition, Tiego is hopeful that they will take the government as they feel it is time to rebrand Botswana politics and bring in fresh blood of leaders.
He further hinted that they are coming with positive transformation as they eye to better the lives of Batswana.
“When we assume government, we promise to be transparent, free and fair electoral processes and encourage pluralism as way of getting back to our roots of being a democratic country as it seems like the current government has forgotten about that important aspect,” Tiego explained.

Reeling under the increasing barrage of stinging international sanctions, the isolated North Korean regime is reportedly up to its old trickery, this time in a more complicated web of murky operations that have got the authorities of five southern African countries at sixes and sevens as they desperately try to tighten their dragnet around Pyongyang’s spectral network of illicit ivory and rhino horn trade.
It is an intricate network of poaching for elephant tusks and rhino horns that spans Botswana, Mozambique, South Africa and Zimbabwe, with the main sources of the contraband being Botswana and South Africa.
The syndicate running the illegal trafficking of the poached contraband is suspected to be controlled by two shadowy North Korean government operatives with close links to one Han Tae-song, a disgraced North Korean career diplomat who, while serving as the second secretary at his country’s embassy in Harare, Zimbabwe, was expelled in 1992 after he was fingered as the mastermind behind a similar illegal ring that was busted by the country’s authorities.
This disturbing tale of malfeasance by North Korean state actors is as real as it gets.
Recent reports indicate that authorities in the source countries are jointly battling to plug holes created by the shadowy syndicate which allegedly has on its payroll, park rangers, border officials and cross-border truck drivers.
Even more disturbing are allegations that some wildlife officials are conniving in misrepresenting numbers of retrieved rhino horns and ivory from poachers and getting kickbacks for their involvement in the pilfering of ivory and rhino horns from government stockpiles especially in South Africa.
In a shocking and well-orchestrated movie-style heist in South Africa, thieves in June this year made off with 51 rhino horns after breaking into a very secure government stockpile facility of the North West Parks Board (NWPB).
While some suspects from South Africa and Malawi were nabbed in a government sting operation, none of the rhino horns – 14 of which were very large specimens that can fetch serious money on the black market – were recovered.
A report of the heist said the police were lethargic by eight hours in responding to an emergency alert of the robbery which was described by North West police spokesperson Brigadier Sabata Mokgwabone as “… a case of business robbery…”
Thabang Moko, a security analyst in Pretoria says the military precision in the burglary, delays in police response, and failure to recover the stolen rhino horns is dubious. “This development lends credence to suspicions that some government officials could be part of a shadowy syndicate run by foreign buyers of rhino horns and ivory,” Moko says.
It is understood that in light of the rhino horns heist in North West, South Africa’s Minister of Environment, Forestry and Fisheries, Barbara Creecy on 1 August, shared her concerns to her counterparts in Botswana, Zimbabwe and Mozambique calling for greater regional cooperation to combat the illegal wildlife trafficking which she believes is being masterminded by the Far East’s buyers of the ill-gotten horns and ivory.
It is believed that foreign kingpins involved in perpetuating the illegal trade are mainly North Koreans vying against Vietnamese and Cambodian buyers in the quest for dominance of the illicit trade in rhino horns and ivory sourced from southern Africa.
Creecy’s concerns, which she also shared to South Africa’s state-run broadcaster SABC, echoed Moko’s worries that the North West heist may have been an inside job.
According to Creecy, there was a need for the International Criminal Police Organisation (Interpol)’s greater involvement in joint investigations by affected countries as there were indications of ‘local knowledge’ of the North West job and that syndicates, “Higher up the value chain actually recruit park rangers to the illegal ivory trade network.”
Botswana’s Environment and Tourism Minister Philda Kereng is on national record admitting that poaching was a source of headaches to her government, especially considering that the daring poachers were making successful incursions into secure areas protected by the Botswana Defence Force (BDF).
This came after poachers gunned down two white rhinos at the BDF-protected Khama Rhino Sanctuary in August 2022 despite Kereng putting the time frame of the killings between October and November 2022.
Kereng hinted at the existence of Asian controlled syndicates and acknowledged that the surge in poaching in Botswana is driven by the “increased demand for rhino horn on the international market” where in Asia rhino horns are believed to be potent in traditional medicines and for their imagined therapeutic properties.
Botswana has in the past recorded an incident of a group of an all-Asian reconnaissance advance team teams being nabbed by the country’s intelligence service in the Khama Rhino Sanctuary.
Masquerading as tourists, the group, with suspected links to North Korea and China, was discovered to be collecting crucial data for poachers.
Also according to reliable information at hand, an undisclosed number of wildlife parks rangers were arrested between September 2022 and January this year, after information surfaced that they connived in the smuggling of rhino horns and ivory from Botswana.
One of the rangers reportedly admitted getting paid to falsify information on recovered horns and ivory which were smuggled out of the country through its vast and porous eastern border with South Africa, and making their way to their final destination in Mozambique via back roads and farmlands in South Africa and Zimbabwe.
“We are aware that in the past year, some rhino horns and ivory illegally obtained from Botswana through poaching activities and shady deals by some elements within our wildlife and national parks department, have found their way out of the country and end up in Mozambique’s coastal ports for shipment to the Far East,” a Department of Wildlife and National Parks (DWNP) source says.
Independent investigations reveal that two North Korean buyers, one of them only identified as Yi Kang-dae [confirmed to be an intelligence official in the country’s state security apparatus], acting on behalf of the disgraced Han Tae-song, financed the entire operation on two occasions between 2022 and 2023, to move at least 18 rhino horns and 19 elephant tusks from Botswana, including pay-offs – mostly to border patrol and customs officials for safe passage – along the knotty conduit across South Africa’s north western lands, then across south-eastern Zimbabwe into Mozambique.
According to a trusted cross-border transport operator in Zimbabwe, the rhino horns and elephant tusks were illegally handed over to smugglers in Mozambique at an obscure illegal crossing point 15km north of Zimbabwe’s Forbes Border Post in November 2022 and February this year.
The end buyers in Mozambique? “It is quite an embarrassment for us, but we have solid evidence that two North Korean buyers, one of them who is linked to a former notorious diplomat from that country who has been in the past involved in such illegal activities in Zimbabwe, oversaw the loading of rhino horns and ivory onto a China-bound ship from one of our ports,” a top government source in Maputo said before declining to divulge more information citing ongoing investigations.
Yi Kang-dae and his accomplice’s whereabouts are presently unclear to Mozambican authorities whose dragnet reportedly recently netted some key actors of the network. Han Tae-song currently serves as North Korea’s ambassador to the United Nations in Switzerland.
North Korean diplomats have in the past used Mozambique as a final transit point for the shipment of rhino horns to the Far East.
In May 2015, Mozambican authorities nabbed two North Koreans, one of them a Pretoria-based diplomat and political counsellor identified as Pak Chol-jun after they were caught in possession of 4.5kg of rhino horn pieces and US$100,000 cash.
Pak’s accomplice, Kim Jong-su, a Taekwondo instructor also based in South Africa, was fingered as a North Korean spy and returned to North Korea under suspicious circumstances on the heels of Pak’s expulsion from South Africa in November 2016.
A security source in Zimbabwe closely following current developments says there is a big chance that Han Tae-song may have revived the old smuggling network he ran while posted in Zimbabwe in the 90s.
“The biting international sanctions against North Korea in the past decade may have prompted Han to reawaken his network which has been dormant for some time,” the source says. “There is no telling if the shady network is dead now given that Han’s two front men have not been nabbed in Mozambique. More joint vigilance is needed to destroy the operation at the source and at the end of the line.”
North Korean diplomats have, as early as October 1976, been fingered for engaging in illegal activities ranging from possession of and trade in ivory pieces, trade in diamonds and gold, the manufacture and distribution of counterfeit currencies, pharmaceuticals, and the sale on the black market, of a paraphernalia of drugs, cigarettes, alcohol and other trinkets on the back of protracted and biting international sanctions against the reclusive state for its gross human rights abuses against its own people and flagrant nuclear tests.
These illegal activities, according to a US Congressional Research Service (CRS) report, have raked in at least US$500m annually for the Pyongyang regime. Other global studies estimate that North Korea’s illegal earnings from the black market are around $1bn annually, and are being channelled towards the country’s nuclear weapons programme, while ordinary North Koreans continue to die of mass starvation.
In February 2014, Botswana, citing systematic human rights violations, severed ties with North Korea with the former’s president Mokgweetsi Masisi (then vice president) calling North Korea an ‘evil nation’ on 23 September 2016, at a United Nations General Assembly forum in Washington, USA.
Botswana has close to 132,000 elephants, more than any of its four neighbouring countries, namely Angola, Namibia, Zambia and Zimbabwe, according to a 2022 Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) Elephant Survey.
The rhino population in Botswana has significantly dwindled, with poaching a leading cause of the decimation of the country’s rhinos. Despite dehorning and relocating its diminishing rhino population from the extensive Okavango Delta to undisclosed sanctuaries, Botswana has since 2018, lost 138 rhinos to poachers.
The sharp spike in rhino poaching in Botswana came after the country’s government made a controversial decision to disarm park rangers in early 2018.
In a statement delivered in November 2022 to the Convention on International Trade in Endangered Species (CITES) CoP-19 in Panama, the Botswana government instead blamed the surge in poaching to a shift of foreign-sponsored organised poaching organisations from South Africa to Botswana.
“This increase in rhino poaching in Botswana coincided with a decline of rhino poaching in South Africa from 2018 to 2020, suggesting a displacement of the poaching syndicates from South Africa to Botswana,” the statement reads. “The recent decline in rhino poaching in Botswana (2021 and 2022, relative to 2020) coincides with the increase in rhino poaching in Namibia and South Africa, further suggesting displacement of the poaching syndicates across the sub-region.”
According to the Botswana government, as of 13 November 2022 the country has secreted its shrinking rhinos (only 285 white rhinos and 23 black rhinos) in undisclosed locations within the country’s borders.
South Africa has close to 15,000 rhinos. Between January and June 2022 alone, poachers killed 260 rhinos in South Africa for their horns. The country is home to the majority of Africa’s white rhinos, a species whose existence remains under threat of extinction due to poaching.
The major threat posed by foreign state actors including those from North Korea, to southern Africa’s rhino and elephant population remains grim as the bulk of the rhino horns and elephant tusks reportedly continue finding their way to the Far East, where China is being used as the major distribution centre.