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Labour audit report is empty

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.

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Botswana still weighing in on Maseko’s assassination

27th January 2023

The Minister of Foreign Affairs, Dr. Lemogang Kwape says Botswana has not taken any position regarding the killing of a renowned human rights lawyer, Thulani Maseko, who was gunned down at his house in Mbabane, Eswatini.

In a brief interview with WeekendPost, Dr Kwape said Botswana has not yet taken any position regarding his death. He said the purported incident should be thoroughly probed before Botswana can form an opinion based on the findings of the inquiries.

“Botswana generally condemns any killing of human life by all means,” says Dr. Kwape. He wouldn’t want to be dragged on whether Botswana will support the suspension of Eswatini from SADC.

“We will be guided by SADC organ Troika if they can be an emergency meeting. I am not sure when the meeting will be called by Namibian president,“ he said.

However, the Namibian president Hage Geingob notes with deep concern reports coming out of Eswatini about the killing of Mr. Maseko. In a statement, he called upon the “Government of the Kingdom of Eswatini to ensure that the killing of Maseko is swiftly, transparently and comprehensively investigated, and that any or all persons suspected of committing this heinous crime are brought to justice.”

Maseko was chairperson of the Multi-Stakeholder Forum which was established as a coalition of non-State actors to advocate for a process of national political dialogue aimed at resolving the security and political challenges confronting the Kingdom.

“SADC expresses its deepest and heartfelt condolences to the family of Mr. Maseko, his friends, colleagues, and to the people of the Kingdom of Eswatini for the loss of Mr. Maseko. In this context, SADC further calls upon the people of the Kingdom of Eswatini to remain calm, exercise due care and consideration whilst the appropriate structures conduct the investigations and bring the matter to completion,” the statement says.

Geingob reiterated the need for peaceful resolution of the political and security challenges affecting the country.

Meanwhile political activists are calling on SADC to suspend Eswatini from the block including the African Union as well.

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Kopong Murder: Accused interferes with witnesses again!

27th January 2023

State prosecutor, Seeletso Ookeditse revealed before the Broadhurst Magistrate Jobbie Moilatshimo that the third accused involved in the murder of Barulaganye Aston, has interfered with the State witnesses again.

The second and third accused (Lefty Kosie and Outlwile Aston) were previously accused of interference when they were caught in possession of cellphones in prison. They were further accused of planning to kill the deceased’s brother, who is currently the guardian to the children of the deceased.

Ookeditse indicated that Outlwile had earlier went to challenge the magistrate’s decision of denying him bail at the High Court before Judge Michael Motlhabi.

“The third accused approached the High Court and made a bail application, which was dismissed on the same day,” Ookeditse said.

However, even after the High Court verdict on their bail application, the duo (Kosie and Aston) has once again applied for bail this week.

Ookeditse plead with the court to stop the accused from abusing the court process.

“Yesterday, Directorate of Public Prosecutions (DPP) received papers of his bail application filed before the Broadhurst Magistrates Court. However, the papers do not speak to changed circumstances, therefore this back and forth about bail must be put to a stop,” said the State prosecutor.

While giving evidence before court, the Investigations Officer, Detective Inspector Quite Zhalamonto, said his investigations have proved that there is interference continuing regarding the accused trio.

He told the court that on the 12th of January 2023, he received a report from Thato Aston, who is the son of the accused and the deceased. The son had alleged to the Investigation Officer that he received a call from one Phillip Molwantwa.

According to Zhalamonto, Thato revealed that Molwatwa indicated that he was from prison on a visit to the Outlwile Aston and went on to ask where he was staying and where his siblings (Aston’s children) are staying.

“Thato revealed that Phillip went on to ask if he or his siblings saw their father murdering their mother, and he was referring to the crime scene. Thato told me that he, however, refused to answer the questions as he was afraid especially because he was asked about where him and his siblings stay,” said Zhalamonto.

Zhalamonto alluded to the court that he then went to Orange to confirm the communication between Thato and Molwantwa where he found the case.

“I have arrested Philip yesterday and when I interviewed him, he did not deny that he knows Aston and that he has indeed called Thato and asked questions as to where him and his siblings resides even though he failed to give reasons for asking such questions,” Zhalamonto told the court.

He further revealed that Molwantwa indicated that he had received a call from an unknown man who refused to reveal himself.

“Phillip told me that the unknown man said he was sent by the accused (Aston), and that Aston had instructed him to tell me to check if there was still some money in his bank accounts, and he also wanted to know where the kids were residing, the unknown man even asked him to meet at Main Mall” the Investigation Officer told the court.

He further informed the court that he is working tirelessly to identify the “unknown caller” and the route of the cell number.

Furthermore, the fourth accused, Kebaleboge Ntsebe, has revealed to the court through a letter that she was abused and tortured by the Botswana Police Services. She wrote in her letter that she suffered miscarriage as a result of being beaten by the police.

Ntsebe is on bail, while a bail ruling for Aston and Kosie will be delivered on the 6th of next month

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Ngamiland Cattle Farmers Gain Green Zone Revenue

27th January 2023

Cattle farmers from Eretsha and Habu in the Ngamiland district, supported by the Community Based Trade (CBT) project, recently generated over P300 000.00 for sales of 42 cattle to the Botswana Meat Commission (BMC) in Maun. This milestone was achieved through support from various stakeholders in conservation, commodity-based trade and the government, in collaboration with farmers. Ordinarily, these farmers would not have made this direct sale since the area is a designated Foot and Mouth Disease (FMD) Red Zone.

Traditional livestock farming contributes toward livelihoods and formal employment in the North-West District (Ngamiland) of Botswana. However, primarily due to the increase in FMD outbreaks over the past two decades and predation by wildlife, the viability of livestock agriculture as a source of income has declined in the region. This has led to a greater risk of poverty and food insecurity. Access across the Okavango River (prior to the construction of a bridge) restricted access for farmers in Eretsha. This lack of access hampered sales of cattle beyond Shakawe, further discouraging farmers from investing in proper livestock management practices. This resulted in negative environmental impacts, poor livestock health and productivity.

To address this challenge, farmers are working with a consortium led by Conservation International (CI), with funding secured from the European Union (EU) to pilot a CBT beef project. The project focuses on supporting and enabling communal farmers to comply with standards and regulations that will improve their chances to access markets. An opportunity to earn higher income from cattle sales could incentivize the adoption of restorative rangelands management practices by farmers.

These collaborative efforts being piloted in Habu and Eretsha villages also include the Pro-Nature Enterprises Project for the People of Southern Africa, funded by Agence Française de Développement (AFD) and Le Fonds français pour l’environnement mondial (FFEM). This complementary funding from AFD and FFEM supports the implementation of the Herding4Health (H4H) model and Rangeland Stewardship Agreements across four rangeland sites in Southern Africa, including Habu and Eretsha, to incentivize best practices that could offer sustainability in the long term for livelihoods, conservation and human-wildlife coexistence.

“We spend a lot of money getting our cattle to Makalamabedi quarantine site, the herder spends on average two months taking care of the cattle before they are taken into quarantine – that needs money. All these costs lead to us getting less money from BMC,” said one of the farmers in the programme, Mr Monnaleso Mosanga.

Farmers that participate in the project agree for their cattle to be herded and kraaled communally by fulltime professional herders (eco-rangers). At the core of this pilot is the use of predator-proof bomas (cattle kraals), planned grazing systems and mobile quarantine bomas (electrified enclosures) for the cattle, facilitated in support with the Department of Veterinary Services. The first successful exit from the mobile quarantine bomas in the Habu and Eretsha villages, in December 2022, saw cattle quarantined on-site and directly transported to BMC in Maun. Farmers received almost double the average sales within this region, as costs including transportation to quarantine sites, herder’s fees and other associated costs incurred before qualifying for BMC sales were no longer included.

“This pilot mobile quarantine is leveraging the techniques and protocols we are using at our current permanent quarantine sites, and we are still observing the results of the project. The outcome of this pilot will be presented to the World Organisation of Animal Health to assess its effectiveness and potentially be approved to be used elsewhere,” said Dr Odireleng Thololwane, the Principal Veterinary Officer (Maun).

Through co-financing of almost P1 billion from the Botswana government and Green Climate Fund, these interventions will be replicated, through The Ecosystem Based Adaptation and Mitigation in Botswana’s Communal Rangelands project, across the country. Both projects aim to improve the economic benefits of cattle owners and multitudes of Batswana households, while contributing to land restoration and climate change efforts by the Botswana government

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