There are divergent views on Vice President Ndaba Gaolathe’s matter against CMB. On one hand, some feel that Gaolathe is squeaky clean while others feel that there is more than meets the eye. I remain resolute that Gaolathe has a serious case to answer based on his acceptance to reimburse CMB over P 1.3 m. It boggles the mind how someone who genuinely believes he earned the money could let go so easily. This Gaolathe incident presents a challenge for the new Umbrella for Democratic Change (UDC) government. UDC President Advocate Duma Boko appointed Gaolathe to the position of Vice President fully aware that the CMB matter and is treating it as a non-event that stands to dissipate into thin air. It is highly likely it will land in Parliament where one of the MPs could ask the VP to explain himself. It is also highly likely that in the event it gets asked, the VP will offer nothing more than he has so far except to say he has agreed to
repay the over P 1.3 million. It is almost a given that the majority of UDC Members of Parliament will rally around the VP to protect him from further scrutiny. Bluntly put, UDC MPs will behave the same as did Botswana Democratic Party (BDP) in protecting one of their own. Boko has been preaching his government will be run on ethical, accountable, and transparent manner. By embracing these values, the expectation is that his government will be different from the ousted BDP where these values were in short supply or completely ignored. There is no conclusive finding this far that the VP’s association with CMB was above reproach. If it was, the matter would not have proceeded beyond the authority of the Liquidator for the simple reason it would have been established from the documents he perused that the association was lawful with no need to approach the VP for an explanation. This is compounded by Phuthego J ruling that “…the Applicant has not demonstrated at all that there was any connection between him and CMB that warranted CMB to pay him for any service rendered to it…”
To bring this matter to finality, the President should as a matter of urgency set up a special expedited investigation constituted by independent individuals and led by a retired judge to establish the narrow issue as to whether or not the CMB payment to
the VP was legitimate in all respects. Some of the terms of reference of the investigation will include inter alia, whether or not a contract existed between the VP and CMB; whether the scope of work vis-à-vis the contract was performed and, whether an agreed fee existed for the scope of work
Should the panel find the foregoing in favour of the VP, it will in my view be conclusive that payment was beyond reproach. Should the opposite be the case, it will be conclusive the payment was improperly made. The special investigation I argue, will be borne out of the fact that the VP holds the second most important position in government which position is not desirable to be easily disrupted. Should the matter come to Parliament, it will be politically suicidal for UDC MPs to defend Ndaba. Firstly, it will mean Boko’s talk on ethical leadership, accountability and transparency is rhetoric more than anything else. For him to be believed he walks the talk, he must be seen to be practically doing so. Secondly, his inaction will be good news for opposition political parties particularly the Botswana Congress Party (BCP). The party has called upon the VP to explain himself failing which I want to believe, it will seek legal recourse. Thirdly, it will somewhat suggest that there is no difference between the UDC and the BDP in so far as upholding the values of ethics, accountability and transparency. That will to the extent possible, confirm the saying ‘the more things change, the more they stay the same.’ Fourthly, Boko will have missed an opportunity to demonstrate how the New Botswana or The Second Republic will be different from the Old Botswana under the BDP where those in high political positions are protected by their political principals.
Having emerged from a brutal BDP rule where those who were in close proximity to those who held the levers of power were untouchable, one thought the new administration would have learnt a lesson or two by acting swiftly where there is a hint of questionable conduct or behaviour. If this matter is going to be wished away, it will set a bad precedence in so far as accountability, transparency and ethical conduct are concerned. Gaolathe matter is too serious to be ignored because the consequences in the short, immediate to long terms are too ghastly to contemplate. I am prepared to be persuaded otherwise as always. Judge for Yourself!
*Condolences to the family and friends of the late Mme Gaositwe Chiepe. She served this Republic with distinction.
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