Khama says he has the constitutional power to disapprove
President Lieutenant General Seretse Khama Ian Khama has requested the Gaborone High court to dismiss a case in which the Botswana Law Society is asking the court to review and set aside his recent refusal to appoint a local attorney, Omphemetse Motumise as the Judge of the High court.
In a replying affidavit filed before court this week, President Khama explained that his decision is not liable for review by the High Court and that he has the power to decline to appoint a candidate whose been recommended for appointment by the Judicial Service Commission (JSC).
“I am advised, for reasons that will be more fully addressed at the hearing of this matter, that my aforesaid decision is not susceptible to review by this honourable court. Alternatively, should this court find that my said decision is indeed reviewable, that I have a discretion under section 96 (2) of the Constitution to decline to appoint candidates recommended for appointment by the JSC as judges of the High Court.”
The President further stated that in so far as the discretion reposed in him is concerned he exercised it “duly and properly and lawfully.”
“I have further been advised that the submissions advanced in the JSC’s affidavit concerning the interfacing between my powers and duties and those of the JSC under section 92 (2) of the constitution and the reviewability of my decision not to appoint the Second Applicant as a Judge of the High Court are sound and legally correct for reasons that would be more fully argued at the hearing of this matter,” the President stated.
However President Khama had also made it clear that he would not divulge to court the reasons why he rejected Motumise although he claims he had valid reasons he did not appoint him.
“First in appointing judges, I take into account a broad range of material considerations, including matters of national security, the socio-political situation in Botswana, public perception of the relevant candidate and the judiciary and questions of policy. All of these involve information to which JSC does not necessarily have access and which the JSC would, in the normal function of its functions, not be properly equipped or mandated to evaluate,” the President explained.
He was in fact quashing suggestions by the LSB that the president’s role in appointing of judges is merely ceremonial. Khama denied that his power to appoint was bureaucratic administrative function but rather “an executive power that does not fall to be reviewed by a court.”
“However there will in nature of things from time to time, also where there will be occasions where it would be inappropriate to appoint a nominee where the reasons for doing so will adversely reflect upon the integrity, character and reputation of the relevant nominee. It would be inappropriate for me under such circumstances to disclose the reasons for not appointing the candidate concerned as such disclosure would be prejudicial to that person. The withholding of reasons in such circumstances would be in the interest of the candidate,” the President filed another excuse for withholding information.
He further stated that the reason he would not impair candidates integrity by divulging the reasons he rejected them is because he wants the best candidates not be discouraged from applying for appointments. The contention is that if the best candidates were to be deterred by the fear that their names would be tarnished if they were to be rejected for appointment, then the fear may stop them for applying for appointment and the end result would be a compromised judicial system characterised by poor quality and integrity.
Equally the Judicial Service Commission has filed its arguments on this matter and it agrees with the President in most points.
In its submissions filed before the High court the JSC contends that transparency is actually not that important in the country’s constitution as it is in other countries.
“It is important to note that transparency is not a constitutional imperative in Botswana as it is in other countries. In summary, in the present case, the interests of transparency must be weighed against the privacy of individual candidates and the national interest that the best candidates for judicial appointments must be encouraged to apply free from the fear that their private or social lives will be subject to public scrutiny,” reads part of the JSC filed papers.
The JSC comprises of among others, the Chief Justice and the Attorney General.
According to JSC the President has every right to reject a nominee if he has valid reasons to do so.
The matter is yet to be argued before court. It is a case in which the LSB and Omphemetse Motumise are challenging the recent decision by President Khama to refuse to appoint Motumise to the High court bench.
Motumise got the best grades from the interview but the President rejected him and appointed Zein Kebonang as acting Judge. Kebonang is a twin brother to Sadique Kebonang who sits in Khama’s cabinet and he got the least marks during the interviews for appointment.
Botswana’s efforts to accelerate key economic reforms got a boost following the approval of a $250 million loan by the World Bank today. The Programmatic Economic Resilience and Green Recovery Development Policy Loan (DPL) will support the implementation of Botswana’s Economic Recovery and Transformation Plan and is designed to strengthen COVID-19 pandemic relief while bolstering resilience to future shocks.
This DPL is also designed to support reforms to strengthen private sector development and promote green recovery. It is the first-ever World Bank budget support operation for Botswana and the first of two planned operations.
“The COVID-19 pandemic has placed a great burden on the country’s economy, its people, and firms. With this operation, the World Bank will support the government’s reforms to ensure social spending reaches the poorest and assists Batswana who are most affected by the Covid-19,” says World Bank Country Director for Eswatini, Botswana, Lesotho, Namibia and South Africa, Marie Francoise Marie-Nelly.
“This operation will also support reforms to attract private sector investments, contribute to diversification of exports, and increase job opportunities towards a green economy”. The operation provides both financial and technical support for government reforms to implement a Single Social Registry and to improve targeting of social spending on the most vulnerable while strengthening systems for future shocks.
It will also help strengthen the business environment for increased SME-led job creation and economic diversification through improved access to finance for individuals and small and micro enterprises (SMEs). Furthermore, the program will help Botswana to build the foundations for sustainable, “green” growth by supporting reforms to increase production of renewable energy by independent power producers, promoting and regulating rooftop solar energy generation, and embedding climate change considerations in environmental assessments.
DPLs are used by the World Bank to support a country’s policy and institutional reform agenda to help accelerate inclusive growth and poverty reduction. The COVID-19 pandemic led to a real gross domestic product (GDP) contraction of 7.9 percent in Botswana in 2020 – the largest in the country’s history.
This has also led to a depletion of existing fiscal buffers and has constrained revenue collection, reduced Government’s capacity and resources needed to accelerate the implementation of structural reforms and threatened to reverse progress in poverty reduction.
World Bank Group COVID-19 Response Since the start of the COVID-19 pandemic, the World Bank Group has committed over $125 billion to fight the health, economic, and social impacts of the pandemic, the fastest and largest crisis response in its history.
The financing is helping more than 100 countries strengthen pandemic preparedness, protect the poor and jobs, and jump start a climate-friendly recovery. The Bank is also providing $12 billion to help low- and middle-income countries purchase and distribute COVID-19 vaccines, tests, and treatments.
University of Botswana Vice Chancellor, Professor David Norris, has lost support of the university staff, with four unions joining forces to demand his removal from office.
When he was appointed Vice Chancellor of the University of Botswana in December 2017, by the then Minister of Tertiary Education, Research, Science and Technology, Dr Alfred Madigele, Professor Norris was hailed as an angel sent from heaven.
Professor Norris succeeded Professor Thabo Fako, after the latter led the University during turbulent times — with the university experiencing financial challenges and dwindling enrolment numbers.
Four years down the line, Professor Norris’ presence at the University nauseates many. Academic staff together with manual workers want Norris shown the door as soon as yesterday.
University of Botswana Academic Senior Support Staff Union, (UBASSSU), University of Botswana Staff Union (UBSU) and University of Botswana Manual Workers Union, in a petition submitted to Minister of Tertiary Education, Research, Science and Technology, Douglas Letsholathebe, called for the dismissal of Norris. The unions said that under the leadership of the Professor, UB staff members suffered immeasurable pain, agony and frustration, and their welfare is entirely overlooked.
The unions petition Professor Norris on a number of issues: blurred roadmap, inflationary adjustments of salaries, security services, corporate governance, teaching and learning resources, deteriorating infrastructure, staff victimization as well as appointment of staff undemocratically.
In their entreaty, staff members say that Vice Chancellor has failed to provide a clear roadmap to guide a wide range of operations within the University. Prior to Norris’ arrival, they say, UB had developed a strategy using its own scholars, led by Prof Thapisa and Prof Moahi respectively.
“They executed the assignment efficiently with intricate insider knowledge of the institution and a global academic outlook. The result of the process was later subjected to external review by consultants, even though the process was later abandoned at huge cost to the University. The Vice Chancellor is three years into this post, but he has done nothing to show, and always blames staff or his predecessors for the problems at UB,” the unions said in their petition.
The petition signed by UBASSSU President, Motsomi Marobela, acting on behalf of Manual Workers Union President, Oneile Mpulubusi and Ghadzani Mhotsha (Staff Union President), argue that Norris relishes grand standing and cheap rhetoric to project a positive image of the University to outsiders while the institution faces monumental challenges.
“Even the so-called new strategy was imposed on the staff, since unions were never consulted. Staff in faculties were threatened and bullied into submission whenever they revealed flaws in the strategy. In short, this strategy lacks the critical ‘buy in’ from those charged with implementation, something which is crucial for any new strategy to succeed.”
Professor Norris, a renowned scholar, has been fingered in being reluctant to advance staff salaries, something which has been done four years ago. Unions claim that despite several shots to alter this status quo, efforts proved vain.
“The Vice Chancellor has dismally failed to bring about any meaningful action to ascertain that staff remunerations are adjusted to mitigate the effects of inflation, despite his attention being drawn to the erosion of the buying power of University staff. UB staff salaries have not been adjusted for a duration of four years, despite numerous attempts by the trade unions (UBASSSU, UBSU and Manual Workers Union) to appeal on behalf of the constituents for his intervention,” reads part of the petition.
University management are said to be relaxed when it comes to the security of the organization, petitioners claim. They stress that this has happened several times in recent years whereby management has allowed private security contracts, which augment the in-house UB security, to lapse before they can float a new tender.
The loan schemes that the University gets into on behalf of employees, is said to be another dare giving staff workers grief, perpetuated by Vice Chancellor Norris.
“It has happened several times that the contract between the financiers and the University lapses before anything is put in place for employees to continue getting financial assistance. Quite recently, it was communicated by a memo from Staff Welfare and Benefits Office that the loan scheme with FNB is coming to an end on the 30th April 2021 and this communication was made on the 29th, just a day before the end of such contract. This again shows lack of proactiveness on the part of management which is led by the VC,” said the petition.
The Vice Chancellor is said to be overreaching in UB administrative structures. Professor Norris, who chairs the Staff Appointment and Promotion Committee (SAPC), hosts illegal Pre-SAPC meetings, which are usually attended by Human Resources and Executive Management, and make decisions on who to appoint, promote or whose contract to renew before the substantive meeting of SAPC.
The Vice Chancellor, disgruntled petitioners say, uses SAPC to rubber stamp the executive decision – this amounts to corruption. “Three years in the institution he has virtually run the university alone. The core and critical Deputy Vice Chancellor posts of Academic Affairs; Finance and Administration; and Student Affairs, have not been filled. Instead he has appointed people on acting positions and he is shuffling them around as he pleases. Those he prefers have been acting for over two years, which is contrary to the Employment Act.”
Professor Norris is a researcher and lecturer, having served in different capacities in Botswana, the United States of America and South Africa.
Prior to joining UB, he was Deputy Vice Chancellor for Research and Innovation at the Botswana International University of Science and Technology (BUIST), a position he held since 2016. He is the sixth Vice Chancellor of UB.
Ministry of Youth Empowerment, Sport and Culture Development has announced the return of the Youth Development Fund (YDF), after it was put on suspension by Government last year.
The fund however, has been slashed from P120 million to P104 million with the total number of projects expected to shrink. The YDF programme was temporarily suspended last year due to shortage of funds.
The programme introduced in 2009 by government, was a way of improving the lives of the youth as well as helping to fight unemployment.
When addressing the media, Minister of Youth Empowerment, Sport and Culture Development, Tumiso Rakgare said the ministry has resolved to start receiving applications for 2021/2022 Youth Development Fund from 09 June 2021 to 10 August 2021.
Rakgare said government was worried about the high numbers of unemployment hence the resolve to restart the YDF programme even in the midst of the pandemic.
He however revealed that due to budget challenges and the continued restrictive environment imposed by the Covid-19 pandemic, there would be some modifications to the implementation of YDF.
“Due to budget challenges the allocation for the fund in the current financial year has been reduced from P120 million to P104 million. Constituencies will thus be allocated less than the usual P2 million, which means that the number of funded projects will be significantly reduced,” he said.
He further said priority for funding shall be for businesses with the potential to create a higher number of jobs and those that address key government priorities.
The sectors to be prioritized include; Manufacturing, Agriculture, Tourism, Technology, Digitization and Innovation. Moreover, the threshold for YDF financing remains at P100 000.00 for individuals and P450 000.00 for youth industries or co-operatives.
In addition to funding youth projects, the Minister said P14, 393,066.77 will be reserved for completion and implementation of Special Projects such as development of Land-banks, mentorship partnerships and trainings.
All changes to the YDF programme are to apply only for this year while a comprehensive review is undertaken. The target is to have the revised programme implemented in the next financial year.