The Director General of the Directorate of Intelligence and Security, Brigadier Peter Magosi will not give evidence before court in the matter brought by the Sebina brothers over an ex parte search warrant that was issued against them earlier this year.
The Sebina brothers Tshepo Sebina and Kegone Sebina were granted a subpoena order by the Extension Magistrate Court for Magosi to give evidence showing how his predecessor, Colonel Isaac Kgosi, abused his position to award tenders to the companies owned by them amongst the Estate construction. The Sebina brothers are represented by criminal lawyer Unoda Mack together with Mompati Sepego of Sepego Legal Practice.
The State and Magosi are represented by Thato Mojadi and Thato Dibeela of the Directorate of Public Prosecution (DPP). The brothers want Magosi to give evidence on the tender references/documents and award letters of the tenders allegedly influenced by Kgosi in favour of the applicants, banking details, account numbers and other banking details and transactions that allegedly took place between the applicants and Kgosi, including the amounts and dates of such transactions.
In their head of arguments Mack stated that prior to the oral evidence given by Magosi on the 13th January 2019, they were not availed the opportunity to cross examine him hence they pursued the court to subpoena him. They want the evidence given by Magosi to be expunged from the court records as they believe it is insufficient.
They further pointed out that even after 12 months, the court still cannot give evidence on what offence has been committed. “What is the offence? In their court papers they say Kgosi threatened to topple the government, they talk about association. Is association wrong?” Mack further elucidated to the court that the evidence that was given by Magosi under oath does not fully explain how Kgosi influenced the tenders and how much money is claimed to have been transacted.
“In the court record it is evident that the court demanded to know how Kgosi influenced the tenders and they said Kgosi threatened to topple the government. What does a threat to topple the government have to do with the applicants?” Mack asked. The State however said that Magosi will not take the stand as the warrant to search was lawfully obtained. “The guilty are always afraid, why won’t they take the stand? That is because they fear that they will be exposed,” Mack alleged.
The State argues that according to the Intelligence Act where the Director General believes on certain grounds that an offence has been committed they can approach the court to grant them an order of an ex parte search warrant. Mojadi brought the court to the attention of Section 3 of the Intelligence Act which states that the Director General with the powers vested upon him can search with or without a search warrant.
When explaining the offence of threat to national security, Mojadi stated that investigations are still ongoing hence the applicant’s properties have been withheld. “There were tenders that were issued and transactions that needed to be investigated. These are merely investigations on information received. We are not at the stage where the applicants have been charged yet. No offences have been proffered yet,” she said.
Mack lashed at the State’s argument citing to the court that there is no offense that has been established yet, hence the matter should be ended. “It is a requirement to state the offence under the Intelligence Act. The order we seek today is to release the properties of the applicants,” he said. The case will continue on the 3rd February 2020.
Government is currently sitting on 4 400 vacant posts that remain unfilled in the civil service. This is notwithstanding the high unemployment rate in Botswana which has been exacerbated by the recent outbreak of the deadly COVID-19 pandemic.
Just before the burst of COVID-19, official data released by Statistics Botswana in January 2020, indicate that unemployment in Botswana has increased from 17.6 percent three years ago to 20.7 percent. “Unemployment rate went up by 3.1 percentage between the two periods, from 17.6 to 20.7 percent,” statistics point out.
Leading commercial bank, First National Bank Botswana (FNBB), expects the central bank to sharpen its monetary policy knife and cut the Bank Rate twice in the last quarter of 2020.
The bank expects a 25 basis point (bps) in the beginning of the last quarter, which is next month, and another shed by the same bps in December, making a total of 50 bps cut in the last quarter. According to the bank’s researchers, the central bank is now holding on to 4.25 percent for the time being pending for more informed data on the economic climate.
An audit of the accounts and records for the supply of food rations to the institutions in the Northern Region for the financial year-ended 31 March 2019 was carried out. According to Auditor General’s report and observations, there are weaknesses and shortcomings that were somehow addressed to the Accounting Officer for comments.
Auditor General, Pulane Letebele indicated on the report that, across all depots in the region that there had been instances where food items were short for periods ranging from 1 to 7 months in the institutions for a variety of reasons, including absence of regular contracts and supplier failures. The success of this programme is dependent on regular and reliable availability of the supplies to achieve its objective, the report said.
There would be instances where food items were returned from the feeding centers to the depots for reasons of spoilage or any other cause. In these cases, instances had been noted where these returns were not supported by any documentation, which could lead to these items being lost without trace.
The report further stressed that large quantities of various food items valued at over P772 thousand from different depots were damaged by rodents, and written off.Included in the write off were 13 538 (340ml) cartons of milk valued at P75 745. In this connection, the Auditor General says it is important that the warehouses be maintained to a standard where they would not be infested by rodents and other pests.
Still in the Northern region, the report noted that there is an outstanding matter relating to the supply of stewed steak (283×3.1kg cans) to the Maun depot which was allegedly defective. The steak had been supplied by Botswana Meat Commission to the depot in November 2016.
In March 2017 part of the consignment was reported to the supplier as defective, and was to be replaced. Even as there was no agreement reached between the parties regarding replacement, in 51 October 2018 the items in question were disposed of by destruction. This disposal represented a loss as the whole consignment had been paid for, according to the report.
“In my view, the loss resulted directly from failure by the depot managers to deal with the matter immediately upon receipt of the consignment and detection of the defects. Audit inspections during visits to Selibe Phikwe, Maun, Shakawe, Ghanzi and Francistown depots had raised a number of observations on points of detail related to the maintenance of records, reconciliations of stocks and related matters, which I drew to the attention of the Accounting Officer for comments,” Letebele said in her report.
In the Southern region, a scrutiny of the records for the control of stocks of food items in the Southern Region had indicated intermittent shortages of the various items, principally Tsabana, Malutu, Sunflower Oil and Milk which was mainly due to absence of subsisting contracts for the supply of these items.
“The contract for the supply of Tsabana to all depots expired in September 2018 and was not replaced by a substantive contract. The supplier contracts for these stocks should be so managed that the expiry of one contract is immediately followed by the commencement of the next.”
Suppliers who had been contracted to supply foodstuffs had failed to do so and no timely action had been taken to redress the situation to ensure continuity of supply of the food items, the report noted.
In one case, the report highlighted that the supplier was to manufacture and supply 1 136 metric tonnes of Malutu for a 4-months period from March 2019 to June 2019, but had been unable to honour the obligation. The situation was relieved by inter-depot transfers, at additional cost in transportation and subsistence expenses.
In another case, the contract was for the supply of Sunflower Oil to Mabutsane, where the supplier had also failed to deliver. Examination of the Molepolole depot Food Issues Register had indicated a number of instances where food items consigned to the various feeding centres had been returned for a variety of reasons, including food item available; no storage space; and in other cases the whole consignments were returned, and reasons not stated.
This is an indication of lack of proper management and monitoring of the affairs of the depot, which could result in losses from frequent movements of the food items concerned.The maintenance of accounting records in the region, typically in Letlhakeng, Tsabong, and Mabutsane was less than satisfactory, according to Auditor General’s report.
In these depots a number of instances had been noted where receipts and issues had not been recorded over long periods, resulting in incorrect balances reflected in the accounting records. This is a serious weakness which could lead to or result in losses without trace or detection, and is a contravention of Supplies Regulations and Procedures, Letebele said.
Similarly, consignments of a total of 892 bags of Malutu and 3 bags of beans from Tsabong depot to different feeding centres had not been received in those centres, and are considered lost. These are also not reflected in the Statement of Losses in the Annual Statements of Accounts for the same periods.