BCL Liquidator evicts PNR employees
The BCL liquidator has taken a drastically unexpected decision of issuing notices to occupants of certain BCL houses, primarily employees of Premium Nickel Botswana.
These notices require not only the payment of outstanding rent but also the evacuation of the premises. The rationale provided by the liquidator is that these properties were originally designated for occupancy by BCL employees according to the BCL Housing Policy.
However, it has come to light that there is no existing lease agreement outlining the rights and responsibilities of the involved parties, including rental terms and duration of occupancy. Curiously, the Liquidator's move comes just a few months after the government, the sole shareholder of BCL assets, announced its intention to purchase the houses.
This was aimed at safeguarding former BCL employees from the risk of losing the opportunity to acquire properties and to protect its citizens, as well as to prevent Selebi Phikwe from complete collapse and deterioration.
Despite the closure of the mine, many former BCL employees continued to occupy these houses. However, all, even those who could afford it, have complained that the Liquidator has set prices for the houses unreasonably high, without considering their deteriorating condition, especially since most of them were built over 50 years ago.
The letters written to mostly employees of PNR by BOOKBINDER BUSINESS LAW firm reads in part that, 'We are instructed as follows: client is legal and beneficial owner of the property. That the property was let as a house intended to be occupied by BCL employees in terms of the BCL Housing policy.
“In furtherance of the above, there was no lease agreement in existence pertaining to the parties’ rights and obligations including rent and the duration of the lease.
“By virtue of being employed by Premium Nickel Resources Properties Limited, you were no longer entitled to benefit from the BCL Housing policy, and you have failed to and or negotiated to make payment of rental from the 1st August 2022 to March 2024.
'In the premises, we are instructed to demand as we hereby do that you together with anyone on the property at your behest vacate the property and, not later than 30th May 2024.
“All fixtures and fittings as well as the surrounding of the property must be maintained in good order until date of vacation. We are further instructed to demand in the interim that you together with anyone occupying the property at your behest immediately avail access to the property to our client or her representative for an inspection of the same.
'Be advised that in the event that you do not abide by the foregoing demands, we hold instructions to approach any competent court to seek an order for your immediate ejectment from the property and we shall seek an order for costs of suit which shall be for your account.'
In an interview with Botswana Guardian, BBL Attorney Tefo Gaongalelwe confirmed that he had indeed drafted such letters on behalf of his client.
'Yes, I can confirm that I have authored and signed several letters on behalf of my client, the Liquidator. I believe those letters must have reached the intended recipients, which is probably why you are aware of them.
“The letters speak for themselves; however, I do not have the authority to speak on behalf of the liquidator. Therefore, the liquidator is the most appropriate person to address any inquiries from third parties, including the media.'
Last year, in a widely disseminated statement across all platforms, including in Parliament, Vice President Slumber Tsogwane stated that the government had expressed interest to the liquidator regarding the acquisition of all housing properties that remained unsold as of September 27, 2023.
Tsogwane informed Parliament that this decision was made following offers by the liquidator to former BCL employees to purchase housing properties, with offers were set to expire between August and November 2023.
He mentioned that thus far, the liquidator had received three acceptance letters from former BCL employees, none of whom had provided proof of funding. Furthermore, he explained that former BCL employees who had shown interest in purchasing houses had not yet secured funding.
Tsogwane further clarified that the tight timelines of the liquidation process might not allow interested former employees sufficient time to raise funds for property acquisition.
Therefore, the government decided to withdraw the housing properties from the liquidation process. Tsogwane emphasised that failure to do so might lead the liquidator to offer the properties to potential buyers in the open market.
He highlighted that the government aimed to protect former BCL employees from losing the opportunity to acquire properties and to prevent Selebi Phikwe from total collapse and deterioration in case the houses remained unoccupied.
Tsogwane further explained that once the government acquired the properties, former BCL employees and other citizens would have the chance to purchase them. The intention was for the government to offset the cost of acquiring the houses against the funds advanced to the liquidator.
The properties were valued at P1, 330, 380, and in addition to this, the government would reimburse the liquidator the P541, 500 incurred in conducting land surveys.
Furthermore, Tsogwane mentioned that private entities, government ministries, and departments had also shown interest in acquiring some of the housing properties for public employee accommodation.
He stated that the liquidator had received 12 acceptance offers from private entities and an expression of interest from the purchaser of the BCL hospital to buy five housing properties.
Tsogwane also noted that the liquidator was determined to proceed with the sales concerning the accepted offers.