Botswana Sectors of Educators Trade Union (BOSETU) awaits a judgment in which they have applied for contempt of court against former Director of Public Service Management (DPSM) Goitseone Mosalakatane.
This is in a case in which the High Court Judge Godfrey Nthomiwa ruled that all teachers offering accounts, business studies and other related subjects should be paid scarce skills allowance retrospective from July 2013. The government has since failed to implement the court order hence the contempt proceedings. In his replying affidavit BOSETU Secretary General Tobokani Rari reiterated that the application for contempt is necessary to the extent that the respondents, that is Directorate of Public Service Management, Mosalakatane and Attorney General, have not fully complied with the order of the court dated March 27, 2019.
“The order was very clear and explicit, that the Respondents were directed to pay all teachers holding Accounting and related qualifications and are actually teaching accounting and Business Studies to be paid scarce skill allowance from 1st April 2013 to date of payment. I reiterate that the first respondent has complied with that order,” Rari said.
Rari said the order was very clear and explicit, that the DPSM was “directed to pay all teachers holding Accounting and related qualifications and are actually teaching accounting and Business Studies to be paid scarce skill allowance from 1st April 2013 to date of payment”. The first respondent has not fully complied with that order in that teachers who actually teach accounting and business studies holding the following qualifications are being denied scarce skill allowance; Diploma Secondary Education (Accounting and Business Studies), Bachelor of Economics and Management Sciences, Bachelor of Education (Business), BCom Business Management, BCom Education, Baccallaures Commerce (specialising in Accounts), Bachelor of Arts Social Sciences (specializing in Accounting) and Bachelor of Business and Commerce (specializing in Accounting).
“I reiterate that the first respondent has not paid all teachers teaching Accounting and Business Studies scarce skill allowance despite holding accounting or related qualifications and actually teaching accounts and business studies in Government schools.” Rari also said the fact that the Attorney General’s Chambers was vetting the teachers who are supposed to be paid scarce skill allowance begs the question which criteria did they use, to vet out “unqualified teachers”. “The minutes of the vetting exercise have never been produced even to date.”
“I reiterate that the Order of 27th March 2019 never gave the Attorney General or any respondent the latitude to engage in some unilateral vetting exercise using a formula or criteria only known to themselves about the deserving qualifications to be paid scarce skill allowance. Hence I aver that the first and second respondent are in contempt of the order of this court and must be ordered to pay the teachers who are actually delivering the subject of Accounting and Business Studies.”
The Secretary General said at the various meetings and court appearances the court made it very clear that it was not happy that its order was not being complied with and was causing unnecessary court applications. The current respondents’ attorney was urged to urge his clients to urge them to fully comply with the order.
“Noting that the respondents were intransigent and defiant, the applicant launched the first contempt proceedings which resulted in the Order of 27th March 2019. This is the order which has not been complied with by first and second respondents.”
Rari said BOSETU has made out a case for the orders sought to be granted. “The applicant will pray for punitive cost order against all Respondent’s conduct has been made cavalier manner and warrants court’s rebuke and disproval with a punitive cost order,” he added.
Justice Nthomiwa has reserved judgment to February 25, 2022.
The Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katholo has revealed why he took a decision to engage private lawyers against the State. The DCEC boss engaged Monthe and Marumo Attorneys in his application to interdict the Directorate of Intelligence and Security (DIS) from accessing files and dockets in the custody of the corruption busting agency.
In his affidavit, Katholo says that by virtue of my appointment as the Director General of the DCEC, he is obliged to defend the administration and operational activities of the DCEC. He added that, “I have however been advised about a provision in the State Proceedings Act which grants the authority of public institution to undertake legal proceedings to the Attorney General.” Katholo contends that the provision is not absolute and the High Court may in the exercise of its original jurisdiction permit such, like in this circumstance authorise such proceedings to be instituted by the DCEC or its Director General.
Botswana Democratic Party (BDP) has gone through transformation over the years, with new faces coming and going, but some figures have become part and parcel of the furniture at Tsholetsa House. From founding in 1962, BDP has seen five leaders changing the baton during the party’s 60 years of existence. The party has successfully contested 12 general elections, albeit the outcome of the last polls were disputed in court.
While party splits were not synonymous with the BDP for the better part of its existence, the party suffered two splits in the last 12 years; the first in 2010 when a Barataphathi faction broke ranks to found the now defunct Botswana Movement for Democracy (BMD). The Barataphathi faction was in the main protesting the ill-treatment of then recently elected party secretary general, Gomolemo Motswaledi, who had been suspended ostensibly for challenging the authority of then president, Ian Khama.
Mr Abdoola has known Mr. Uzair Razi for many years from the time he was a young boy. Uzair’s father, Mr Razi Ahmed, was the head of BCCI Bank in Botswana and “a very good man,” his close associates say.
Uzair and his wife went to settle in Dubai, the latter’s birthplace. He stayed in touch and was working for a real estate company owned by Mr. Sameer Lakhani. “Our understanding is that Uzair approached Mr. Abdoola to utilize their services for any property-related interests in Dubai. He did some work for Mr.Abdoola and others in the Botswana business community,” narrates a friend of Mr Abdoola.