Allegations of corruption,favouritism rock DPP
Innocent Selatlhwa | Monday August 7, 2023 06:00
In a scathing letter also copied to the Director of Public Prosecutions, Nomsa Moatswi, the prosecutors outlined a series of grievances that have left them feeling neglected and exposed to potential danger.
Promotions, appointments marred by controversies
Promotions have become a major concern for the prosecutors, who claim a stark disparity in the progression of officers within the AGC. Those deployed to the DPP since 2007 find themselves at a much lower position, while their counterparts in other divisions of the AGC have advanced to higher positions, such as directors or deputy directors. This discrepancy, they say, affects their welfare, pension benefits, and job opportunities, as they are disqualified from posts they are otherwise qualified for due to their stagnant positions. “The employer has always justified our stagnation by saying that Directorate of Public Service Management (DPSM) gives few posts and specifically allocates posts to each division of the AGC. This issue was discussed in the Offences against Persons Unit meeting of February 2023. We have since been advised by the office of the DPSM that it does not have control over the internal processes employed by the department. They act on requests based on submissions brought forward by the AG. Therefore, we have not been provided with the correct information for years. As a result, Human Resources (HR) has become susceptible to corrupt practices and favouritism to other divisions of the AGC,” they alleged.
The promotion process has come under scrutiny, with prosecutors pointing out inconsistencies in selection and interview procedures. They also allege that competency and seniority are disregarded, and promotions are based on favouritism and subjective decision-making by the HR department. Additionally, external candidates have been appointed to higher positions without demonstrating any special skills, leading to suspicions of corruption and lack of transparency. “In 2015, an external candidate known to the authors was employed in the post of Principal Prosecutions Counsel 1 (at D1 Scale) whilst more than three other officers were overdue by more than five years and were extremely competent and highly capable to fill that post. They possessed the necessary skills but were not considered for the post. This was an unfair and corrupt practice with no transparency whatsoever. The external candidate has been promoted to the position of Chief Prosecutions Counsel at E2 scale. A disbarred external candidate was also employed directly to the position of Chief Prosecutions Counsel at E2 scale. He left the organisation holding the rank of Assistant Director of Public Prosecutions at E1 scale whilst still being disbarred,” they further alleged.
These external candidates and their employment is suspicious and dubious according to prosecutors. They state that the individuals are employed despite officers being competent and highly capable within the organisation not being considered for these posts. To date they are said to have not demonstrated what special skills they have brought into the organisation.
“Whilst it is a general practice that most DPP officers are denied departmental transfers to other divisions, those who are fortunate enough to leave the DPP progress at a phenomenal rate as compared to officers they leave behind in the DPP. For instance, an officer left the DPP at D3 scale in 2018 to International and Commercial Division (ICD). She currently is at E2 scale. She has moved three scales up in five years. She has escalated swiftly and has done so leaving those who were employed before her and were overdue for such posts. To date, those officers of the DPP who were overdue and employed before her still have not even reached the scale of E2.
“Therefore, we demand clarity regarding this practice and further ask that these policies be transparent to all staff. This is because these inconsistencies have proven to benefit others to the prejudice of the DPP. We further want to know the basis of how these procedures are implemented. We demand that we be elevated to the positions similar to our counterparts in the other AGC divisions, as we have been prejudiced by the recruitment and promotion processes discussed above,” they stated.
The prosecutors demand that the HR department of AGC and its recruitment and promotion processes be subjected to an external audit. Whilst their demands are still being attended, they demand that all interviews, recommendations, promotions and recruitments across the AGC be halted with immediate effect since they have a direct bearing on the grievances raised.
‘We are not safe’
Another pressing issue highlighted by the prosecutors is the lack of safety measures in their line of duty. Several prosecutors have reportedly been assaulted while performing their duties, but the management and employer have shown little concern or support. Incidents of officers being attacked by accused individuals in court premises have been reported, and yet no measures have been taken to ensure the safety and well-being of the prosecutors. The demand for a risk allowance and personal security at prosecutors' homes has been raised in light of these safety concerns. “Just recently, an officer was strangled at the Village Magistrate's Court by an accused person. Another officer was hit with a fist on his head in Selebi-Phikwe. Yet another pregnant female officer was attacked by an accused person at the Molepolole Magistrate’s Court, the accused person then proceeded to attack the presiding officer. Nothing was done to assist and counsel the officer. These officers still have to attend the same courts that have contributed to their trauma and suffering. Further, an officer was arbitrarily detained overnight and management did not do anything to come to her aid. They left it to her to assert her rights,” they stated. The prosecutors stated that they are dealing with a tragic case of an officer who was bitten by a dog whilst on duty late 2021 or early 2022 and to date the officer has not been compensated, counselled or even given any support. They allege that the attack has led to him being sickly and might result in him being considered unfit for duty. “However, it is business as usual for management and our employer. It is apparent from the aforementioned that our trade has become dangerous and no one is interested, especially our employer. We therefore, demand a risk allowance and personal security at prosecutors' homes,” they stated.
Training
The prosecutors also lament the lack of training opportunities compared to their counterparts in other divisions of the AGC. “Currently, an employee who has been with the DPP for 14 years has not yet qualified for funding for a Master's Degree yet our counterparts in other divisions have long benefitted. Additionally, we do not receive any trainings and the best that is done for us is 'in-house training'. The facilitators at these trainings are our superiors and no external facilitators are brought on board. This is not the case at the other divisions and we are aware that some of our colleagues based at International and Commercial Division (ICD) and Civil Litigation Division (CLD) have previously been awarded an opportunity to advance their studies at Botswana Accountancy College for various post-graduate qualifications,” they stated.
Prosecutors shoot down ‘illegal’ takeover project
The "Takeover Project," a restructuring initiative by the DPP, has left the prosecutors feeling uninformed and potentially exploited. “We continue to witness our leaders addressing the public on various media platforms on what is termed 'Takeover'. What is surprising is that no one is addressing any of the officers within the DPP headquarters. We are left in the dark as to what this project entails for us. Our basic understanding of this project is that it is tantamount to restructuring in the sense that the conditions of service are altered. To our detriment, nothing is said about our remuneration and yet we are expected to work outside stipulated working hours. We get comments to the effect that 'a public servant is on duty 24 hours a day'. Our understanding of labour laws is that slavery has long been abolished. Our government through our employer seeks to re-implement this abolished practice. It is atrocious, against the law and must be stopped with immediate effect,” they stated. The officers also hold that the way the ‘Takeover Project ‘is being implemented is illegal. “It must be re-thought and re-structured. It must be planned in conjunction and consultation with employees of DPP. It amounts to restructuring of the department and increase of officers' duties without compensation. We want to be paid accordingly to these adjusted duties, should we reach a consensus with the employer on how this project shall be implemented. In the interim, the said restructuring under the guise of "project takeover" should be halted forthwith,” they further stated.