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42 ex-soldiers lose US Dollar suit against BDF

BDF ordered to pay only 7 of the 51 former soldiers

The Botswana Defence Force (BDF) has been ordered to pay at least seven of the fifty-one (51) ex-soldiers their contribution to the Military’s Sports and Recreation Fund. However 42 of the 51 applicants lost the case with costs.

Following a lengthy court debate in which the military men had filed a number of claims against the BDF, Justice Key Dingake of the Gaborone High Court could not find any convincing evidence for him to award the soldiers their claims against their former employer.

“The law is that costs follow the event. The applicants have all but failed in all their claims save for the seven with respect to the claim with respect to contribution to Sports and Recreation Fund. It is fair that in the result, it is ordered that all the applicants claims save for contribution to the Sports and Recreation Fund by the seven applicants identified in the judgment fails with costs,” Dingake made the ruling.

Dingake was making a ruling in a case in which fifty-one former BDF soldiers had taken the BDF to court over a number of claims including, contribution to the Sports and Recreation Fund, contribution to the Welfare Fund, Failure to pay Per Diem Allowances, Payment for those on Peacekeeping Missions and Funeral Scheme contributions.

On the issue of Sports and Recreation and Welfare Funds, the soldiers averred that they were through the BDF requested to make a monthly contribution towards the Funds. According to them, they were at the conclusion of their employment, entitled to be reimbursed their contribution plus ten percent interest.

However upon retirement they were told they had donated their Sports and Recreation Fund contributions. They further alleged that the BDF refused to reimburse them the contributions they made towards the Welfare Fund.

“On the evidence, I am satisfied on a balance of probabilities that the seven applicants (named) did contribute to the Sports and Recreation Fund and that there is no evidence that the aforesaid employees agreed that their contributions would be converted into donations,” Dingake made the ruling and added that the said soldiers should be reimbursed their contributions plus the ten percent interest.

But with respect to the Welfare Fund, the Judge said that the aspect of the claim had not been proven and therefore dismissed the claim.

The BDF further denied that they ever agreed to pay its soldiers who were deployed to Mozambique and Somalia for peacekeeping missions any per diem allowance. But the soldiers alleged that they were informed and it was agreed that they would be entitled to such an allowance on top of their monthly salaries as they were taken out of their duty stations.

The soldiers had presented before the court that it was their understanding that such allowances would be paid on their return from the mission, alternatively would be factored in their terminal benefits upon completion of service. However the package was not issued upon retirement.

According to the arguments of the retired soldiers, those of them that were deployed to peacekeeping missions were entitled, in addition to the daily amount of Thirty American Dollars ($30. 00), to $988 that was paid the BDF for onward payment to them.

Their contention was that it was agreed that they would be paid their dues upon completion of their mission, alternatively that they would be paid a portion of their dues upon return, with the rest payable upon retirement of separation from the BDF.

However the BDF denied that the $988 amount was due to the soldiers that were deployed but rather the amount was compensation for the Republic of Botswana to have sent its soldiers to peacekeeping missions.

“With respect to this particular claim, even if I were wrong that the claim has prescribed, the claim would still have to fail for lack of sufficient evidence in the face of denial that such is due by the respondents (BDF),” the judge further pointed out.

On the claim of the funeral scheme contributions, the soldiers averred that the BDF made monthly deductions from their salaries as contribution towards a funeral scheme. The amount they said were dependent on the rank of the individual. The complaint is that, since their retirement from the service, they had not been advised on the status of their contributions or be given an assurance that the contributed funds would be utilised for their funerals upon their death.

However the BDF further denied that all the fifty-one soldiers have made monthly contributions to the funeral scheme. The BDF added that the funeral scheme was a matter between those who have contributed to the scheme and the Botswana Life Insurance Limited. The BDF maintained that it was not even privy to the arrangement and therefore said it could not be sued over the matter.

The court was convinced that only eight out of the fifty-one applicants contributed to the funeral scheme.

“On the evidence, there is no evidence that the first respondent had undertaken to reimburse Funeral Scheme contributions at the end of the applicants’ service or employment or at any other time. On the papers, the applicants do not state how much money is due to them or how much they contributed a month. Consequently, the claim for reimbursement has not been fully made out. It seems to me that it may be prudent for the applicants to pursue this matter with the insurance company,” Justice Dingake further decided on the matter.

Meanwhile the soldiers are said to be planning to appeal the case. At the time of going to print they were allegedly planning to meet the State President, Lieutenant General Seretse Khama Ian Khama who is the Commander in Chief of the armed Forced with intention to settle this matter out of court if possible.

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Civil Service volatility: Democracy vs Bureaucracy

19th April 2021
President Masisi

Here is how one Permanent Secretary encapsulates the clear tension between democracy and bureaucracy in Botswana: “President Mokgweetsi Masisi’s Government is behaving like a state surrounded with armed forces in order to capture it or force its surrender. The situation has turned so volatile, for tomorrow is not guaranteed for us top civil servants.

These are the painful results of a personalized civil service in our view as permanent secretaries”. Although his deduction of the situation may be summed as sour grapes because he is one of the ‘victims’ of the reshuffle, he is convinced this is a perfect description of the rationale behind frequent changes and transfers characterising the current civil service.

The result of it all, he said, is that “there is too much instability at managerial and strategic levels of the civil service leading to a noticeable directionless civil service.” He continued: “Changes and transfers are inevitable in the civil service, but to a permissible scale and frequency. Think of soccer team coach who changes and transfers his entire squad every month; you know the consequences?”

The Tsunami has hit hard at critical departments and Ministries leaving a strong wave of uncertainty, many demoralised and some jobless. In traditional approaches to public administration, democracy gives the goals; and bureaucracy delivers the technical efficiency required for implementation. But the recent moves in the civil service are indicative of conflicting imperatives – the notion of separation between politicians and administrators is becoming blurred by the day.

“Look at what happened to Prisons and BDF where second in command were overlooked for outsiders, and these are the people who had sacrificially served for donkey’s years hoping for a seat at the ladder’s end. The frequency of the changes, at times affecting the same Ministry or individual also demonstrates some level of ineptitude, clumsiness and lack of foresight from those in charge,” remarked the PS who added that their view is that the transfers are not related to anything but “settling scores, creating corruption opportunities and pushing out perceived dissident and former president, Ian Khama’s alleged loyalists and most of these transfers are said to be products of intelligence detection.”

Partly blaming Khama for the mess and his unwillingness to let go, the PS dismissed Masisi for falling to the trap and failing to outgrow the destructive tiff. “Khama is here to stay and the sooner Masisi comes to terms with the fact that he (Masisi) is the state President, the better. For a President to still be making these changes and transfers signals signs of a confused man who has not yet started rolling his roadmap, if at all it was ever there. I am saying this because any roadmap comes with key players and policies,” he concluded.

The Ministry of Health and Wellness seems to be the most hard-hit by the transfers, having experienced three Permanent Secretaries changes within a year and a half. Insiders say the changes have everything to do with the Ministry being the centre of COVID-19 tenders and economic opportunities. “The buck stops with the PS and no right-thinking PS can just allow glaring corruption under his watch as an accounting officer. Technocrats are generally law abiding, the pressure comes with politically appointed leaders racing against political terms to loot,” revealed a director in the Ministry preferring anonymity.

The latest transfer of Kabelo Ebineng she says was also motivated by his firm attitude against the President’s blue-eyed Task Team boys. “The Task Team wants to own the COVID-19 pandemic and government interventions and always cry foul when the Ministry reasserts itself as mandated by law,” said the director who added that Masisi who was always caught between the crossfire decided on sacrificing Ebineng to the joy of his team as they (Task Team) were in the habit of threatening to resign citing Ebineng as the problem.

Ebineng joins the Office of the President as a deputy Coordinator (government implementation and coordination office).The incoming PS is the soft-spoken Grace Muzila, known and described by her close associates as a conformist albeit knowledgeable.

One of the losers in the grand scheme is Thato Raphaka who many had seen as the next PSP because of his experience and calm demeanour following a declaration of interest in the Southern African Development Community (SADC) Secretary post by the current PSP, Elias Magosi.

But hardly ten months into his post, Raphaka has been transferred out to the National Strategy Office in what many see as a demotion of some sort. Other notable changes coming into OP are Pearl Ramokoka formerly with the Employment, Labour and Productivity Ministry coming in as a Permanent Secretary and Kgomotso Abi as director of Public Service Reforms.

One of the ousted senior officers in the Office of the President warned that there are no signs that the changes and transfers will stop anytime soon: “If you are observant you would have long noticed that the changes don’t only affect senior officers but government decisions as well. A decision is made today and the government backtracks on it within a week. Not only that, the President says this today, and his deputy denies it the following day in Parliament,” he warned.

Some observers have blamed the turmoil in the civil service partly to lack of accountable presidential advisers or kitchen cabinet properly schooled on matters of statecraft. They point out that politicians or those peripheral to them should refrain from hampering the technical and organizational activities of public managers – or else the party (reshuffling) won’t stop.

In the view expressed by some Permanent Secretaries, Elias Magosi, has not really been himself since joining the civil service; and has cut a picture of indifference in most critical engagements; the most notable been a permanent secretaries platform which he chairs. As things stand there is need to reconcile the imperatives of democracy and democracy in Botswana. Peace will rein only when public value should stand astride the fault that runs between politicians and public managers.

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Morupisi fights for freedom in court

19th April 2021

Former Permanent Secretary to the President, Carter Morupisi, is fighting for survival in a matter in which the State has charged him and his wife, Pinnie Morupisi, with corruption and money laundering.

Morupisi has joined a list of prominent figures that served in the previous administration and who have been accused of corruption during their tenure in office. While others have been emerging victorious, Morupisi is yet to find that luck. The High Court recently dismissed his no case to answer application.

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Pressure mounts on Biden to suspend Covid-19 vaccine patents

19th April 2021
Joe Biden

United States President, Joe Biden, is faced with a decision to make relating to the Covid-19 vaccine intellectual property after 175 former world leaders and Nobel laurates joined the campaign urging the US to take “urgent action” to suspend intellectual property rights for Covid-19 vaccines to help boost global inoculation rates.

According to the world leaders, doing so would allow developing countries to make their own copies of the vaccines that have been developed by pharmaceutical companies without fear of being sued for intellectual property infringements.

“A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly,” the signatories, comprising more than 100 Nobel prize-winners and over 70 former world leaders, wrote in a letter to US President Joe Biden, according to Financial Times.

A measure to allow countries to temporarily override patent rights for Covid related medical products was proposed at the World Trade Organization by India and South Africa in October, and has since been backed by nearly 60 countries.

Former leaders who signed the letter included Gordon Brown, former UK Prime Minister; François Hollande, former French President; Mikhail Gorbachev, former President of the USSR; and Yves Leterme, former Belgian Prime Minister.

In their official communication, South Africa and India said: “As new diagnostics, therapeutics and vaccines for Covid-19 are developed, there are significant concerns [about] how these will be made available promptly, in sufficient quantities and at affordable prices to meet global demand.”

While developed countries have been able to secure enough vaccine to inoculate their citizens, developing countries such as Botswana are struggling to source enough to swiftly vaccine their citizens, something which world leaders believe it would work against global recovery therefore proving counter-productive.

Since the availability of vaccines, Botswana has been able to secure only 60 000 doses of vaccines, 30 000 as donation as from the Indian government, while the other 30 000 was sourced through COVAX facility.  Canada, has pre-ordered vaccines in surplus and it will be able to vaccinate each of its citizens six times over. In the UK and US, it is four vaccines per person; and two each in the EU and Australia.

For vaccines produced in Europe, developing countries are forced to pay double what European countries are paying, making it more expensive for already financially struggling economies.  European countries however justify the price of vaccines and that they deserve to buy them cheap since they contributed in their development.

It is evident that vaccines cannot be made available immediately to all countries worldwide with wealthy economies being the only success story in that regard, something that has been referred to as a “catastrophic moral failure”, head of the World Health Organisation (WHO), Tedros Adhanom Ghebreyesus.

The challenge facing developing countries is not only the price, but also the capacity of vaccine manufactures to be able to do so to meet global demand within a short time. The proposal for a patent waiver by India and South Africa has been rejected by developed countries, known for hosting the world leading pharmaceutical companies such US, European Union, the United Kingdom, and Switzerland.

According to the Financial Times, US business groups including pharmaceutical industry representatives, have urged Biden to resist supporting a waiver to IP rules at the WTO, arguing that the proposal led by India and South Africa was too “vague” and “broad”.

The individuals who signed the letter, including Nobel laureates in economics as well as from across the arts and sciences, warned that inequitable vaccine access would impact the global economy and prevent it from recovering.

“The world saw unprecedented development of safe and effective vaccines, in major part thanks to US public investment,” the group wrote. “We all welcome that vaccination rollout in the US and many wealthier countries is bringing hope to their citizens.”

“Yet for the majority of the world that same hope is yet to be seen. New waves of suffering are now rising across the globe. Our global economy cannot rebuild if it remains vulnerable to this virus.”
The group warned that fully enforcing IP was “self-defeating for the US” as it hindered global vaccination efforts. “Given artificial global supply shortages, the US economy already risks losing $1.3tn in gross domestic product this year.”

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