Connect with us
Advertisement

Butterfly sues DIS Magosi

Directorate of Intelligence and Security (DIS) Senior Intelligence Officer, Welheminah Mphoeng Maswabi popularly known as “butterfly” has this week filed a notice to High Court intending to sue her controversial Director General, Peter Fana Magosi over unlawful breach of her employment contract. 

Maswabi who is currently serving suspension, is seeking the court to review and set aside the decision of Magosi for stopping her overtime allowances and curtailing her freedom of movement by directing that she seeks prior authorisation when leaving duty station. She therefore wants the court to order that the decision of the DIS Director General contained in a letter dated 25th November 2019 and 9th December 2019 stopping the employee, Maswabi’s fixed overtime allowance be reviewed, set aside and be declared a nullity because it is “unlawful.”

Furthermore, she seeks that “the decision of the Director General stating that Maswabi should not leave her duty station, without prior authorisation is unlawful, and ultra vires the constitution of Botswana as it interferes with Maswabi’s right to privacy and also imposes a new term in the contract of employment devoid of Maswabi consent.” Maswabi also wants the decision of the DIS Director General or any officer under him be corrected or set aside and “the full benefits be paid out” forthwith and henceforth.

The development comes after Maswabi was on the 17th October 2019, arrested and charged on allegations of possession of unexplained property, contrary to section 34(1) (b) of the Corruption and Economic Crimes Act (Cap 08:05) of the laws of Botswana as read with section 36 of the same Act, Financing Terrorism, contrary to section 5 (1) (f) (ii) of the Counter-Terrorism Act (Cap08:08) of the Laws of Botswana and false declaration for passport, contrary to section 315 of the Penal Code (cap 08:01) of the laws of Botswana read with section 33 of the same Act.

At the centre of the case are strong allegations that Butterfly was cited as signatory to some shady accounts in which suspicion is that the then President Ian Khama and former spy chief and Magosi’s predecessor, Isaac Kgosi, had instructed Bank of Botswana (BoB) – which BoB has denied – to open three bank accounts in South African banks that were used to loot more than of P100 billions of public funds.

However Butterfly was later on the 22nd November 2019 granted bail by the High Court pending the finalisation of the investigations of the said charges and has since been on suspension on full pay. “It is my submission that the decision of the DG Magosi to stop my overtime allowance is unlawful because the deductions that have not been agreed upon by the employer and the employee are prohibited,” she said in papers seen by Weekend Post this week.

She also added that the decision and the act of the DG in deducting her overtime allowance is unlawful and stressed that it is prohibited by law since she did not consent or authorise him to do it.“I am further advised by my attorney that in terms of the Public Service Act, in particular, section 35 (3), an employees’ salary shall not be withheld during the period while on suspension I submit that since the overtime allowance is fixed, it constitutes my salary and it is not dependent on whether I have worked overtime or not,” she observed.

She further submitted that clause 8.2 of the DIS Conditions of Service does envisage that the overtime allowance may be taken away if the employee is continuously not working overtime. She continued: “we submit that this does not apply to cases of suspensions as an employee on suspension is still for all intends and purposes still employed to do the functions that attract overtime but for the suspension, like in my case, is unable to, because the employer has made it impossible.”

I submit that the suspension should not be prejudicial to me in anyway, Butterfly pointed out. According to Butterfly, even assuming that she is wrong in her interpretation, which is denied, the DG, in law, has no right to unilaterally take away a benefit she hitherto enjoyed without her consent or at the very least without affording her a hearing. “It is consequently that the DG acted unlawfully and his decision is liable to be set aside.”

The DG in his letter of suspension further directs me that I shall not leave my duty station without prior authorisation,’’ Maswabi said adding that, ‘‘I submit that neither my employment contract nor the conditions of service have such a requirement. It is therefore a new term imposed on me. It lacks justification particularly that I am out on bail and the conditions of bail deal with matter of my movement,” she said. Butterfly submitted that Magosi, when she is not in suspension, do not have to account for her personal travels to him nor does she have to seek authority.

“I therefore see this as a new term of employment being imposed on me and invasive of my privacy and convenience.” The background of the case is that on the 25th November 2019, Magosi wrote a letter interdicting Maswabi from performing her duties pending the finalisation of the criminal charges proffered against her by the Directorate of Public Prosecutions (DPP) and was served with papers on the 26 November 2019.

In the said letter it was stated that during the period of interdiction, she was placed on full salary pay and all benefits except overtime allowance. Furthermore the letter stated that she shall not leave her duty station, Gaborone, without prior authorisation. On 29 November, Maswabi wrote a letter to Magosi querying his decision to stop her overtime allowance particularly pointing out that the overtime allowance is protected in the same way as the scarce skills allowance is and calling for the decision to be reversed.

The DG wrote back on the 9th November refusing to turn back on his decision and insisted that she has been relieved from the exercise of the powers and from carrying out duties as an officer and therefore will not be required to work overtime and thus not eligible to earn it.
Despite the decisions of the DIS Director General to withhold her overtime allowance, it was paid with the December 2019 salary as reflected on the salary advice slip.

On the 14th January 2020, Magosi not only withheld her overtime allowance, but also half of her salary and emoluments leaving her with a net pay of P0.00. He salary slip showed that only half of her salary was paid and no other benefits were paid such as scarce skill allowance, plain clothes allowance, special duty allowance, and overtime allowance. She said she was not consulted about the variation and it was done without her consent.

Maswabi then caused a statutory notice to be issued on the 22 January 2020 calling upon the Director General to correct or set aside the decision and pay out her benefits forthwith. Furthermore Magosi on the 25th January accordingly paid out half of her basic salary that was withheld, and further went to the extent of deducting the overtime allowance that had been paid out in December 2019 together with withholding the overtime allowance of the salary of January 2020.

A copy of Butterfly’s March 2020 salary pay slip indicate that Magosi continues to withhold her overtime allowance.  In the matter, Butterfly is represented by legal wizard Uyapo Ndadi of Ndadi law Firm while the Attorney General represents the DIS and Magosi.

News

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.

Continue Reading

News

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

Continue Reading

News

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

Continue Reading