Pressure mounts on Edwin Batshu to release Unions audit report
The Minister of Labour and Home Affairs, Edwin Batshu finds himself pelleted with strong words from union members who want the release of an audit report carried out on various unions in the country to establish if they were complying with requirements of the Societies’ Act.
Recently, concerned members of the Botswana Mine Workers Union (BMWU) wrote a letter (on 8 July 2015) to the minister demanding “a full report as the union will be going for an elective congress during the month of September 2015, so that members can have knowledge of what transpired.”
The letter, authored by the general secretary of the union, Bob Malele futher reads, “Notwithstanding that, we request for a meeting with the minister to motivate the issue whose meeting is proposed for Wednesday 15 July 2015 or Friday 17 July 2015 at your premises…” However the minister did not respond or give the concerned members an audience.
However, the President of the union, Jack Tlhagale on the 13 July 2015, wrote another letter requesting the national executive committee members of the union to urge Malele to withdraw the letter to the Minister: “…I therefore require of you to ask him to withdraw the letter immediately by lunch tomorrow failing which I will address the Minister directly on lack of internal consensus on the meeting being sought,” wrote Tlhagale.
Despite Tlhagale’s intervention, the concerned union members have now written a second letter to the minister in which they thank the minister for invoking powers invested in him by section 49 of the Trade Unions and Employers’ Organisations Act of 2004 to institute investigations into “what we suspect to be misappropriation of union funds and or maladministration at Botswana Mine Workers Union,” reads the letter. They state that it is on this basis that they demanded answers on the outcome of the investigation.
The investigation by the Ministry was headed by the deputy head of the Criminal Investigations Department (CID) who was seconded to the Ministry. Union members suspected that the outcome of the audit has been communicated to their leaders and were not sharing it.
However WeekendPost has established that the investigating team came out empty handed across most unions because there is no evidence and there is no filing or documentation that could help inform an investigation, instead, the investigating team could only offer recommendation in regard to filing information and keeping track of members’ subscriptions.
A CASE OF MISSING FUNDS
Further to the Minister’s investigation, BMWU executive instituted another investigation into the use of union funds. The audit was conducted by Ernest & Young Management Services, this came after one of the union employees was found to be involved in fraud activities in connection with union funds.
“The report of the investigation has also been availed to us and its findings are also noted with concern. In addition to the above investigations, the audited financial statements for the year ending the 31st December 2011 and 31st December 2012 were presented to us and the disclaimer opinion by the auditors for both years have also been noted with great concern,” reads the letter to Batshu.
The members wrote that they have observed that generally no financial records of any other signed minutes of the NEC meeting authorising payment as per the requirement of the constitution were kept. They also noted discrepancies in the union’s internal control systems or that no systems were in place at all. In addition there are no adequate backup procedures for the union’s financial payroll systems implemented or maintained. “Despite tax being deducted from employees over the period 2004-2010, no amount was remitted to Botswana Unified Revenue Services (BURS).”
They further state that BURS has requested a detailed breakdown of employees and their remunerations over the period 2004-2010 for which deductions were made but not remitted to BURS, but BMWU is currently unable to provide required information because the information is not there, they state.
“Audited financial statements for the years 2006-2012 were not submitted to the registrar as required by law or were not done at all up until the registrar threatened to deregister the union. They were urgently done by the current NEC albeit with some difficulties in finding relevant information and were submitted towards the end of 2012. It is apparent as stated in the reports that all the above failures or administrative lapses occurred between the years 2004-2010 and escalated to the 2011/12 financial year,” reads the report to Batshu.
In May 2009 about six cheques were removed from the union cheque book and there is no bank statement for the same period. “It is our considered view as members that information was not kept or destroyed deliberately in order to conceal the truth. We believe there was a beneficiary of the missing cheques and that they were obtained fraudulently. We are concerned that our information was not kept in an appropriate manner and in accordance with international best practice.”
The concerned members state that failure to keep records and or submit audited financial statements as required by section 29 and 30 of the Trade Union and Employers’ Organisation Act is by itself an offence punishable under the same Act. BMWU has 8000 plus members, and the multitudes who signed the concern letter to Batshu want action to be taken against those who perpetrated the alleged fraud at the organisation. “If they are in leadership they must be removed and prosecuted,” they charge.
In addition to the misappropriation of funds and the maladministration, the concerned union members allege that they have discovered that union funds were used for personal gain by some individuals and there is also evidence that there is money that went missing at the hands of certain individuals, “…but because of favouritism or maladministration entrenched in our organisation, leadership has failed to take appropriate action to protect union funds,” they wrote.
One of the members is alleged to have defrauded the union over P10 000 during the period 2009 and 2013. “He was only dismissed from work and no criminal case was opened against him.”
“An amount of P51 000 was cashed at Jwaneng branch account after signatures were forged. BMWU cheque was used to cash from this account. The matter was reported to the police but no follow up was ever made by the leadership.
BCL branch leadership failed to account for P10 000 which was given to the branch for administrative purposes. The NEC then instituted investigation which was carried by a private company called Financial Modellers & Business Consultants. After the conclusion of the investigation, the report implicated them on criminal deception over the money. During the investigation period, the concerned office bearers were suspended from office by the NEC, surprisingly they were reinstated immediately after the report was handed to the leadership,” reads part of the detailed letter.
“Having elaborated more on criminal acts, poor administration, lack of corporate governance, non-compliance to laws of the land, favouritism and opportunism bedevilling our organisation, we have decided to stand up as active members to protect our organisation and resources from any further damage by some individual leaders who are not even paying any subscriptions to the union. Subsequently we hereby make an appeal to the Registrar to invoke his powers under section 44 of the Trade Unions and Employers Organisation Act to prosecute and interdict these leaders from holding office and controlling union funds,” they wrote.
When asked to comment on the issues, general secretary, Bob Malele, could not deny or confirm the allegations. He said if there are internal matters they will be addressed at the appropriate forums. As the union prepares for its congress, the financial pitfalls are expected to play a major role in the campaigns and the lobbying.
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.