Minister Moagi, DIS in BERA Boardroom brawl
External influence of the running of affairs at Botswana Energy Regulatory Authority (BERA) has allegedly resulted in the resignation of the parastatal’s Board Chairman Justice Moilwa.
Moilwa resigned last week in what Botswana Guardian investigations discovered to be interference by the Minister of Energy Lefoko Moagi and the Directorate of Intelligence and Security (DIS).
The minister is said to have instructed for letters of dismissal and suspension of some senior executives and wanted Moilwa to action them by appending his signature.
Information reaching Botswana Guardian suggest that the targeted employees are among others the Acting Chief Executive Officer (CEO) Nnosang Mhutsiwa and some of those who participated in a corruption busting plot against some of their colleagues who colluded to award a tender for the procurement of service for the recruitment of BERA CEO.
Among the targeted are said to be some of the officials who testified during a disciplinary hearing which was sanctioned by the Acting CEO late last year. Moilwa is said to have refused to be part of a corruption and victimisation of employees who wanted to protect the integrity of the institution.
Between January and February 2023 BERA undertook a disciplinary hearing of three of its senior management officers. Officers charged are Sebilo Sekaba (Senior Human Resources Officer), Rita Chikanda (Senior Human Resource Officer) and Onkutule Mafule (Senior Procurement Officer).
The Disciplinary Panel recommended that all charges, collectively or individually constitute gross misconduct and in accordance with the Disciplinary Code warrant stern penalty. The panel resolved to recommend a penalty of summary dismissal.
They were charged with wilful dishonesty against the employer, contrary to section 26 (4) (d) of the Employment Act of the Laws of Botswana and tampering with Authority documents or falsifying entries on any documents, books vouchers, ledgers, accounts, reports of the Authority or customers with the intention to mislead contrary to clause 7.2.6 of the BERA Disciplinary Policy.
Notices to show cause were issued in December 2022 and charge letters followed in January 2023. The trio had argued that they cannot be called for Disciplinary hearing because the term of office for the Acting CEO had expired. It was however revealed that the appointment of the Acting CEO was extended through a letter dated January 11th 2023 signed by minister Moagi.
The charged officers had further argued that in terms of the Internal Auditors Investigators Report, the process leading to the procurement of the consultancy service was flawed and an unlawful procurement process which effectively compromised the validity of the charges.
They further indicated that the procurement was incomplete, and disciplinary process could not be instituted on an incomplete process. The trio was charged by the acting CEO who is the incumbent Director of Human Resources and Administration.
The Authority had invited certain service providers to bid for the Request For Quotation (RFQ) for services to recruit for the office of Chief Executive Officer (CEO). The closing date for the RFQ was 3rd of October 2022.
Documents seen by this publication show that BERA Finance and Information and Technology (IT) Director Chawada Machacha (who was appointed to oversee the procurement) made a follow-up on the matter to the Senior Procurement Officer (SPO) but could not get a response.
Upon making a follow-up through a visit to the office of the SPO Machacha found the team of evaluators already doing the work. It was at the time of interaction with the evaluators that the complainant (Machacha) became aware of four (4) bidders who had responded and were registered in a RFQ Opening Register.
It later turned out that when an evaluation report was given to her on the 12th of October 2022, Machacha found that there were six (6) bidders.
It was discovered that apart from the initial four bids- HRMC, People Connections, Staffwise and CGP, two more were included being Trending Talent Solutions and F& H Talent Solutions. This is said to have been exposed through a CCTV footage where it was discovered that some tender documents reached the Senior Procurement officer’s desk having not passed through security.
The Finance Director, according to available documents, had indicated that there was no evidence of Trending Talent Solutions and F& H Talent Solutions bids being delivered to the Authority as they were not registered by nor did they appear in the CCTV footage on 3rd October 2022 when the bids were opened. The two additional bids are said to have not been listed in the initial Quotation Opening Register.
Initial enquiries bore no satisfactory explanation and Machacha wrote a complaint to the Acting CEO who then caused for an investigation to be conducted. On the 3rd of October 2022 Machacha was holding fort for the
Acting CEO who had officially travelled to ESwatini when she received an email with some issues that needed to be actioned.
Minutes of disciplinary hearings held at Phakalane chaired by Human Resource Consultant Lesego Pule indicates that at some point the DIS tried to stop the investigations. Machacha told the committee that when the investigations started, BERA office received a letter from the DIS on 19th October 2022 interdicting the investigation and thereby directing the investigation of the three (3) employees to be stopped.
She explained that the Authority sought legal advice and only after they had been advised that the DIS had no jurisdiction over employment disciplinary proceedings- which were cited to be not a matter of National Security - did they respond to the letter. According to Machacha, the DIS then wrote back to the Authority to allow for the investigations to proceed.
Moagi stated that there is no truth in him trying to interfere with the work of the Board. He said even those employees who appeared for disciplinary hearing and were subsequently dismissed have no relationship with him. He told this publication that there was never an instruction to fire anyone.
“He was asked to facilitate suspension of some employees to aid an investigation,” the minister said in response to enquiries on the matter. Moilwa could not be reached for comment at press time.