Opinions & Columns

COUNT DOWN TO THE FORENSIC AUDIT REPORT BEGINS

President Boko
 
President Boko

President Duma Boko officially launched the Forensic Audit in March 2025 to investigate corruption, fraud, and misappropriation of funds across government ministries, departments, and State-Owned Enterprises (SOEs) covering the period 2014-2024. A foreign firm, Alvarez & Marsal (A&M) Middle East Limited, was engaged to ensure independence and technical expertise, with the process structured to uncover evidence for potential legal action. Its objectives were to evaluate the effectiveness of governance structures, assess systems to prevent fraud, and identify responsible parties in instances of mismanagement. In addition, a platform for the public to submit evidence was launched, and a final report was initially expected in March 2026. President Duma Boko announced at the 60th Anniversary Gala Dinner of the Botswana National Front last weekend that the long awaited Forensic Audit Report would finally be handed directly to him on April 30.

Commentators from some quarters have raised questions regarding whether the President has legal authority to institute such a forensic audit under Botswana law, and whether the audit is valid and should it be submitted to the President.

HERE ARE SOME SOCIAL MEDIA REACTIONS: Commissions of Enquiry have from time immemorial not been preferred routes apparently because it reports to the President. How then did we arrive here? [Cornelious Macheng]

Forensic Audit is not meant to cause public up roar; it is a classified document that is highly sensitive and confidential. It does not conform to public common sense, which is heavily fluid. Some information may be shared and others may remain the prerogative of the government. Any sensible government around the worked will squarely understand this. Any sensitive information given openly is equivalent to throwing the goose to the cats. Public common sense is erratic, highly charged, enjoys cheap popularity and is capable of dislodging the tranquility that the country is enjoying. Democracy must prevail but in a broader sense it has both the positive and the negative. Be informed. [Israel Bontsi]

Now I am very worried about the outcome of this forensic audit. The risk of it being filtered is real. That the process followed can be legally contested. Could we have spent public money on a project that will not render the results we intended it to? [Tiny Diswai]

The legal foundation for the Botswana President to initiate a forensic audit of previous governments lies in a combination of constitutional authority, statutory provisions regarding inquiries and anti-corruption, and the executive power to ensure financial accountability. Key legal foundations include: Firstly, Commissions of Inquiry Act: This grants the President the authority to appoint commissioners to inquire into the conduct of public officers, management of public departments, or any matter where an inquiry would be for the public welfare. This is the primary statute enabling deep investigations into previous government activities.

Secondly, The Constitution of Botswana: The President holds executive authority to lead the nation and ensure the proper functioning of government entities, which encompasses investigating financial misconduct within them. Corruption and Economic Crime Act: This Act provides the legal basis for investigating corruption and authorizes the Directorate on Corruption and Economic Crime (DCEC) to investigate public bodies, which includes examining cases of fraud and misappropriation of public funds. The Audit Act / Public Finance Management Act: As the forensic audit focuses on the misappropriation of public funds, for example, in State-Owned Enterprises, the executive has the authority to audit financial statements to ensure legal compliance. The audit is designed to produce actionable evidence, with the president highlighting that findings could lead to 'brutal and devastating' outcomes, such as criminal charges for those implicated. [Menzis Maphisa]

It means we cannot prosecute criminals if and when the audit evidently shows actions of corruption, same as the Public Accounts Committee. The purpose of the Audit will be toothless and would have been a waste of money we already don’t have. The expropriation law has to be effected and all assets acquired through corruption should be sold and the money returned to the government coffers, don’t we have that law kante in Botswana. I have never seen it being used, people just go free. [Momphi Thamane]

The report should be handed to Parliament through the Speaker. This should belong to Batswana not a political party. [Mambo Ligane]

As much as we are in a democratic country and demanding transparency, the government needs to tread carefully when addressing certain matters that can bring turmoil and disrupt peace. I think its appropriate and befitting for the President to directly handle such a delicate issue that may implicate certain individuals and departments with high profiles. He needs to know first hand what is at stake, the depth of it and its implications before it becomes public knowledge. There are certain ugly issues that may not need public consumption die to the shame it can bring to the country. Foreign investors are watching, other countries are watching and some interested parties who may not have our best interest at heart. [Letlh Gontse]

I thought the report would go to the relevant authorities first. The Attorney General, Public Accounts Committee, DCEC, since it is a Forensic Audit on state resources copied to the Office of the President and Parliament. Never expected it going to OP before these institutions. [Masego Manyaapelo]

Looking forward to transparency and the findings of the report. This is an important step for accountability. [Opel Berry]

For many many years, BNF has opposed reports tse di tswanang le yone ye di neelwa Tautona, ba supa ha e se tsamaiso ee siameng. [Alfred Makali]

The Parliament never asked for Forensic Audit for starters, others were even against it, so why give them outcomes of the Audit. It surely should be handed to His Excellency. [Ogone Rakhudu]

The findings of this Forensic Audit must be broadcasted in RB, fela jaaka SONA. [Nostradamuz Kokeletso]