Higher education faces P24 million lawsuit for negligence
A former government officer (name known to this publication) is suing the Ministry of Higher Education (MOHE) for P24 million, alleging abandonment and negligence during a 13-year ordeal.
The officer, who was pursuing further studies at the University of Northwest under a government training bond, claims MOHE’s actions resulted in significant financial losses, property loss, and emotional distress. Documents seen by the Botswana Guardian indicate that following the termination of his scholarship in 2010, the officer was left stranded in South Africa.
The Ministry failed to facilitate his repatriation, despite repeated requests. The initial trigger was a request from the education attaché for an academic report, which the officer could not provide due to the Ministry's failure to remit payments to the university.
This publication has established that the Ministry went on to illegally freeze the officer's allowances from December 2009 without prior notice.
Despite providing official documentation showing outstanding fees in March 2010, the allowances remained frozen, a decision the officer claims was directly ordered by the Director, Department of Teacher Training (DT&TE) at the Ministry of Education in Gaborone.
The officer’s sponsorship was officially terminated by the Director DT&TE on June 8th, 2010, with instructions to return to work immediately, but did not provide repatriation assistance.
Attempts by the officer to secure repatriation were unsuccessful, leaving the officer without financial support in South Africa.
The situation worsened, according to documents, when his partial salary was illegally terminated in September 2010 due to alleged absence from work, a consequence of the Ministry's failure to facilitate his return.
Unable to pay rent, the officer was evicted and lost all his belongings. The prolonged stay in South Africa, without support from MOHE, resulted in significant additional daily costs.
Repeated attempts by the officer to engage with the Director of DT&T proved futile until the officer officially resigned in July 2022.
Interestingly, the officer’s resignation with immediate effect was accepted with no case of being absent from work or any record to that effect.
Furthermore, he was requested to surrender a one-month notice in place of notice. The Ministry wished him a happy retirement and thanked him for the valuable service rendered to the public service and the country.
The Ministry's claim that the officer was absent without leave (AWOL) is contradicted by their subsequent retirement of the officer.
A scrutiny of available records seen by this publication suggests that it is highly improbable that the Permanent Secretary would have approved retirement for an officer who was absent for over a
decade, and had requested a one-month notice, what’s more, but thanked the officer for their service!
This strongly supports the officer's assertion that the Ministry knew his whereabouts throughout and that his employment contract remained active and valid.
Documents in possession of the Botswana Guardian indicate that during the processing of the pension, the Ministry claimed the officer owed money for expenses related to his studies, a claim that has been refuted.
Documents reveal that the Ministry only paid for the officer's school fees on May 8, 2023, over a decade after his termination and nearly a year after his resignation.
The officer subsequently filed a complaint with the Ombudsman in June 2023. The Ministry's cooperation during the investigation was reportedly poor, repeatedly missing scheduled meetings, eventually leading to a subpoena for the Permanent Secretary.
After a year-long investigation, the Ombudsman's recommendation of November 11, 2023, revealed that the officer owed no liabilities and ordered the release of his withheld pension.
However, the pension remains unpaid, according to his claim. Adding to the delay are conflicting communications from the Ministry of Higher Education to the Pension Fund Administrators (NMG).
A March 26, 2025, letter indicated the Ministry's intention to settle the liability per the Ombudsman's recommendation.
However, a subsequent letter dated April 3, 2025, from the Ministry of Higher Education, advised the Administrator that they be allowed time to revisit the merits of the matter, following recommendations of November 2024.
Pension Fund Administrators NMG received a copy of correspondence from the Ministry of Higher Education dated 26 March 2025, in which the ministry advised the Administrator that they will settle the said liability, as per recommendations from the Ombudsman.
Another copy of a correspondence from the Ministry of Higher Education to NMG Administrator Botswana, dated 03 April 2025, advised the Administrator that they be allowed time to revisit the merits of the matter, following recommendations from the Ombudsman.
The Officer seeks compensation for unpaid salaries since 2010, per diem from June 8, 2009, to July 14, 2022 (4420 days) without being repatriated from South Africa, lost property, allowances, withheld pension, emotional distress, and breach of contract.
The case is expected to draw significant attention to maladministration, negligence, and abuse of office by senior public officers.
Efforts to speak to the ministry’s Permanent Secretary Nelson Torto were futile at press time.