Masisi launches ‘ Operation Ceasefire’ in SPEDU saga

PPresident Masisi pleads for amicable resolution of the legal suit Case to cast Ministry and by extension cabinet, in bad light Parties to negotiate out of court settlement

Manake becomes person of interest to the DCEC Classic case of interference by cabinet ministers exposed resident Mokgweetsi Masisi has allegedly attempted to put out the fire that is likely to take centrestage in the controversial SPEDU case where two cabinet members have been implicated, Botswana Guardian has learned. The president is said to have called for an amicable resolution of the matter which will expose the untidiness and give a bad reputation to his cabinet in terms of governance. Masisi is said to have last week expressed concern that if the matter reaches argument stage in court, things would not look good for the Ministry of Trade and Industry and by extension cabinet. In the mix of things, SPEDU is in a legal tussle with one of its disgruntled Director of Strategic Project Jazenga Uezesa, who is fighting for the renewal of his contract. Meantime, Minister of Trade and Industry Mmusi Kgafela and his Assistant Beauty Manake have been implicated in the boardroom war. Manake is accused of having interfered with the mandate of the SPEDU Board in dealing with the application by Uezesa for renewal of his contract. She is said to have directed the Board to reconsider its decision not to renew the contract. After the Board decided to heed Manake’s order, the matter would later be brought to the attention of Kgafela who advised that no minister has business in the appointment of officers except only for the position of CEO. Masisi is said to have called for a ceasefire after Kgafela requested early last week that he be allowed to be party to the proceedings and he be represented by Advocate Dr. Sidney Pilane.

Kgafela who is said to have not been happy with Manake’s actions wants to clarify the position of the law and to prove that indeed Manake was wrong.

Botswana Guardian has learned that the parties in the matter are considering an out of court settlement and talks are to begin before the case for arguments. The case was to come for status hearing this week but could not proceed as Justice Dr. Zein Kebonang was not available. The case was therefore postponed to 26 June 2023. Botswana Guardian has also learned that recently due to the allegations levelled against Manake by the Board through its chairperson, the Assistant Minister has become a person of interest to the Directorate on Corruption and Economic Crime ( DCEC). The DCEC is said to be interested in the alleged corruption claims against the Assistant Minister as purported by the Board.

However, DCEC Public Relations Officer, Lentswe Motshoganetsi would not confirm or deny if Assistant Minister Manake has become a person of interest to the directorate.

He explained that the matter raised borders on operational matters of the DCEC, hence “I am prohibited by Section 44 of the Corruption and Economic Crime Act from discussing such with the media.” Uezesa, who is also SPEDU’s former Acting Chief Executive Officer since 4th April 2021 until end of March this year, is challenging a decision taken by the SPEDU Board of Directors to “reverse” his appointment as Director of Strategic Projects for a period of 12 months from 1st May 2023 to 30th April 2024. He argued that the Board meeting of 13th March 2023 approved his appointment and renewal of contract as per the communication he had with the Board Chairman Obonetse Mothelesi. Mothelesi and SPEDU have since refuted the claims. Uezesa has since filed a joinder application against Manake to the proceedings so that she could clarify her name on allegations that she influenced the ap

pointment of Uezesa after the Board had rejected it.

He said the basis of this application emanates from the fact that Manake’s reputation is maligned by the Respondents, SPEDU and Mothelesi and certain decisions, in particular the one relating to the extension of his employment contract are attributed to her conduct, which is alleged to be unlawful. Mothelesi had in his court papers made damning allegations against the Assistant Minister regarding the appointment of Uezesa. He stated in his affidavit that the Board had resolved that Uezesa should not be informed of its decision prior to finalisation of its process.“While in the middle of this Board’s processes, I received a phone call from Assistant Minister Beauty Manake, who was acting Minister of Trade and Industry at the time, and she enquired from me why the Board was not renewing the contract of the Applicant. “I explained to her the position of the Board.

However, she was displeased with that decision,” Mothelesi’s court papers say. He further avers that the Assistant Minister after the meeting called for all boards under the ministry over the issue of rationalisation, SPEDU board was summoned to remain and she reprimanded them for not granting Uezesa’s application for renewal and she further directed the Board to reconsider its decision and renew the contract.

According to Mothelesi, the board sat on March 13th 2023 to rescind its resolution passed on 27th February 2023 wherein the request for contract renewal was rejected.

He said it was only after the matter was brought to the substantive Minister Mmusi Kgafela’s attention that the Board stood on its initial decision to reject the renewal following Kgafela’s advice to follow the set- out law, and not get involved in the appointment of employees that fall under their mandate. Kgafela had expressed concern through a letter dated 4th April 2023 that the Board had, as the management of a company limited by guarantee, abdicated its responsibility to manage and appoint staff, to the ministry.

He stated in the letter that government as a shareholder of SPEDU may interfere with the company’s directors’ management decisions by a Special resolution in terms of the Companies Act and a Special resolution “in my construction in this instance would be one passed by cabinet and not one passed by the minister sitting alone.”

Contacted on the out of court settlement, Uezesa told Botswana Guardian that he has been advised by his attorneys of record not to discuss the matter with the media for now. He stated that he would only grant interviews after the matter has been finalised. Manake stated that she does not have any such information on the matter and is not in a position to say anything. Kgafela on the other hand said he would also not comment because there is litigation ongoing. Adv. Dr. Pilane had not responded to our enquiries at press time.

SPEDU has since appointed a caretaker CEO Gideon Mmolawa. Mmolawa is former Deputy Permanent Secretary responsible for internal and international trade in the Ministry of Trade and Industry.