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Kebonang raises alarm over secret audit

Dr Zein Kebonang
 
Dr Zein Kebonang

In a formal letter dated September 11, 2025, addressed to the Chief Registrar, Justice Kebonang revealed that he had only learned about the audit accidentally, a day before meeting with the Chief Registrar.

'I accidentally became aware a day before our meeting that I was a subject of an 'audit' over my recusals involving the AG cases. I further learned that my court manager had been tasked with overseeing this process and was instructed to ensure that I remain unaware of it,' said Kenonang in the letter.

He said what shocked him the most was the discovery that his own court manager, only referred to as Theresa in the letter, had been instructed to oversee the audit process without informing him.

According to Kebonang, the instruction came with a clear directive to keep him entirely in the dark, a move he strongly criticised as unethical and professionally damaging. Whilst he made it clear that he does not object to being audited and is willing to provide any necessary information to support such a process, he expressed deep concern about the way the audit was handled. He questioned the motive behind the secrecy and the lack of transparency, raising doubts about whether this was truly an audit or a covert investigation aimed at reaching a predetermined outcome. Kebonang also pointed out that involving a subordinate in such a sensitive matter, especially one who lacks the independence and qualifications required for an audit, violates all established audit best practices.

'These include the need for the auditor to be independent, for the audit scope to be clear, and for the auditee to be informed from the start,' he said. The judge emphasised that the entire process has severely damaged his professional relationship with Theresa.

He stated that the trust between them has completely broken down, making it impossible for them to continue working together. Kebonang said his authority over his court manager has been undermined, and that she was placed in a position where she had to act against her own supervisor.

Kebonang described the resulting work environment as one of mistrust and dysfunction, stating that the damage caused is now irreparable. Because of this, he formally requested that Theresa be transferred to another court immediately.

The judge also used this opportunity to call for future audits to follow proper standards, including the appointment of qualified and independent auditors, prior communication with the person being audited, and a clearly defined scope of the audit.

He argued that such steps are necessary to maintain fairness, accountability, and institutional integrity. Meanwhile, Kebonang’s complaint and request come at a time when he also faces the Judicial Service Commission after the Chief Justice (CJ) Gaolapelwe Ketlogetswe allegedly lodged a formal complaint regarding the same issue of recusals.

According to a source, the CJ allegedly wants Kebonang to face charges of misconduct for repeatedly refusing to recuse himself in cases involving the AG.