DISS rejects Salbany

Government of Botswana through the Department of Immigration and Citizenship has rejected attorney Joao Salbany of Bayford and Associates’ application for renewal of work and residence permits.

This was confirmed by his employer Bayford and Associates. Attorney Dick Bayford told this publication that they have been notified through the consultant they engaged for Salbany’s permits that the application for renewal has been rejected. He said the explanation they got is that Salbany has not been cleared.

“Our understanding of that phrase is that he has not received positive security vetting which is done by the Directorate of Intelligence and Security Services (DISS).” DISS does the vetting for residence and work permits. Bayford said they have appealed to the labour minister which is a right given to anyone whose application has been rejected.

“There are no valid reasons that were advanced for his rejection. In our opinion Salbany is not a security threat. He has been a Botswana resident for the past 16 years. He has no criminal record and has never been found to associate with any dubious characters. So we are asking the minister to set aside the decision”, explained Bayford.

When contacted for comment DISS Director General Isaac Kgosi could not confirm or deny. He said unfortunately he could not share with a third party issues regarding his organisation’s operations. “People who are better placed to talk to you are the immigration office. If the immigration office request our service we do as they ask and report back to them that is where our involvement will end”, said Kgosi referring further questions to the Immigration and Citizenship Department.

Minister Edwin Batshu could not be reached for comment this week as he is on official trip in Ethiopia. Immigration and Citizenship Director, Mabuse Pule could also not be reached as he was said to be in a meeting at press time.

Salbany is suspected to have invited the wrath of government when he represented employees of a local newspaper - Botswana Gazette – in their case against the Directorate on Corruption and Economic Crime (DCEC). The case sparked international debates with government being accused of trying to silence the press especially the private media.

Locally the Press Council, the Botswana chapter of the Media Institute of Southern Africa (MISA) and the Law Society of Botswana denounced the arrest of the journalists and Salbany as a violation of freedom of expression.

DCEC raided the offices of The Botswana Gazette, an episode that led to the temporary jailing of Gazette lawyer Salbany and the arrest of the publication’s Managing Editor, Shike Olsen; Editor, Lawrence Seretse and reporter, Innocent Selatlhwa. Salbany was arrested and detained at Mogoditshane Police station allegedly on a charge of obstructing DCEC officers in their investigations.

According to the DCEC Act, the offence carries a penalty of imprisonment for a term not exceeding five years, or a fine not exceeding P10 000, or both. The search warrant and arrest came after the newspaper published an investigative story that linked a deported Zambian national, Jerry Chitube, to illegal activities for Botswana’s intelligence arm, the Directorate on Intelligence and Security Services (DISS) and the ruling Botswana Democratic Party.

While in the country Salbany handled some high profile and controversial cases. Among these was the Nchindo corruption case in which together with attorney Lawrence Khupe, during their time of employment at Collins Newman and Company, helped Garvas Nchindo and his co-accused win their appeal case at the Court of Appeal. The appeals court reversed the decision of the High Court which declared that the disputed land in Gaborone (Setlhoa) be forfeited to state.

Salbany was also part of the successful defence team in the marathon case between Gaborone City Council and Daisy Loo over a P24 million claim for grass-cutting and bush clearing along the Segoditshane River bed.