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Anarchy at BERA leaves CEO powerless

Publishing Date : 13 May, 2019

Author : GOITSEONE SEVEN| UTLWANANG GASENNELWE

The beleaguered Botswana Regulatory Authority (BERA)’s corporate governance structure has come under attack in the latest in the latest Auditor General report. The auditors general noted that the executive board members were reporting directly to the Board hence by-passing the Chief Executive Officer, which was not consistent with good corporate governance.


“Good corporate governance requires for all employees including executive board members to report to the Chief Executive Officer. In response management stated that they had engaged the Ministry to review the Act with the view to correcting the anomaly,” observed the auditor general. The organisation is currently at loggerheads with former Chief Operating Officer (COO), Duncan Morotsi who was fired from the institution last week. Morotsi was sacked last week following a suspension by the board which lasted for close to nine months.


WeekendPost can confirm that Morotsi was fired through a letter dated 26 April 2019 signed by Jonathan Moseki who was authorised by and on behalf of the BERA board. The letter was copied to BERA Chief Executive Officer (CEO) Rose Seretse; Director of Finance Chawada Machacha as well as Director of Human resource.


 “Despite the board having taken a cautious approach in dealing with your matter and it having done so in good faith, your actions have rendered any action by the board futile. As a result the employment relationship has suffered irreparable damage and cannot be reasonably expected to continue. Thus, you are dismissed forthwith,” Moseki on behalf of the board told Morotsi.


It further states that they have carefully considered the Panel’s recommendation, the adhoc board inquiry committee’s findings and the evidence supporting the charges levelled against Morotsi, the board on April 25, 2019 and therefore resolved that it is satisfied that Morotsi “has committed the alleged misconducts and that you are guilty of all the three charges.”


The dismissal letter also states that Morotsi will be paid one month salary in lieu of notice and all his benefits, and was reminded that Mr. Bernard Ndove had no authority to author the letter addressed to him, dated April 18, 2019 (in which he purported to act as the chairperson of the board) and thus the letter is unlawful and of no effect and does not, in any shape or form represent the decision of the board nor signify any form of communication from the authority.


“You can therefore expect a separate benefits status letter that will outline the status of your benefits upon termination and you will receive payment of all benefits.” According to the board, Morotsi will be allowed access into the BERA premises only for purposes of packing up his personal belongings, and thereafter shall not be allowed any access to his workstation.


Moseki on behalf of the board charged: “If you fail to comply, your belongings will be packed up for you and you will be escorted off the premises by the security. You are immediately required to surrender all BERA assets within your possession. We sincerely regret that this action is necessary, and wish you all the best in future endeavours.”   


The board further blamed Morotsi for not attending the disciplinary hearings. “That notwithstanding, you elected not to do so and deliberately deterred the Panel from considering the charges. The board viewed this as a deliberate attempt to preserve yourself from having to answer to the charges levelled against you because you had no plausible defence against your actions. Your conduct, in all fairness, amounted to blatant abuse of process when the board tried to subject you to a disciplinary enquiry,” it highlighted to Morotsi.


Moseki continued: “since charges 2.2 and 2.3 pointed to gross misconduct which rendered you liable to summary dismissal, it was imperative that a finding be made on the charges.” Quite unfortunately, he observed that it was by Morotsi’s conduct that the Panel did not make an enquiry on the disciplinary charges and the merits thereto.


“You only have yourself to blame in that you did not avail the opportunity to state your defence and explain your actions. This therefore left the Board with no option but to proceed with matter on the basis of the evidence before it.” The COO, Morotsi, was suspended in June earlier this year for dubious appointment of a consultant from Tanzania, Edwin Kidiffu who would produce regulations for the Authority. Kidiffu is a legal practitioner employed by Energy and Water Regulatory Authority in Tanzania.


The COO’s then took BERA to court on grounds that the suspension be set aside and that the commission of inquiry violated the rule against bias in taking the decision to suspend him.The argument advanced by the COO is that the members of the Commission of inquiry assumed the roles of complainant, judge and jury in respect of his suspension. He further states that there was no meeting called to set up the commission of inquiry; and that he was being unfairly targeted because the decision to appoint Mr. Kidiffu was authorized by the CEO Rose Seretse.

The Committee of Inquiry was constituted by three board members; Jonathan Moseki, Kenneth Kerekang and Matsapa Motswetla, of which Moseki was appointed Chairperson. The letter then posits: “Following constitution of Commission of Inquiry and after commencing its work, the Commission resolved on 11 June 2018 to suspend the COO pending a full investigation. They observed that the suspension was necessary in order to preserve the integrity of investigations. A suspension letter dated 11 June 2018 was issued to the COO. The letter advised that the suspension will be on full pay and that COO should not enter the Authority’s premises.”


A source close to development revealed that prior to his suspension Morotsi defied his expulsion and continued going to work claiming that the Chairman of the board had reinstated him.  It is also alleged that the Chief Executive Officer of BERA had to beef up security to deny Morotsi from gaining any access to the premises. A memorandum was put out to all employees by Seretse cautioning them that Morotsi was no longer an employee of BERA therefore he should be allowed to represent BERA in any official capacity.  It is also alleged that Seretse has claimed that she has been threatened by Morotsi hence the additional security.

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