Minister to exercise 'troubled' BHC board powers
Mpho Mokwape | Tuesday June 30, 2026 13:55
The order was granted by Justice Mokwadi Gabanagae on Friday in an ex parte application brought by Ramogapi in his capacity as the minister responsible for BHC.
According to the court order, the application was heard on an urgent basis under Order 12 Rule 12 of the Rules of Court and the court confirmed that, pending the appointment of a substantive board within six months, the minister has the power under Section 4 (3) of the BHC Act to discharge and exercise the functions and powers that would normally be performed by the corporation's board.
The order states: 'It is hereby confirmed that pending the appointment of the Substantive board which will be done within six months of this Order by the Applicant, the applicant as the minister responsible for Botswana Housing Corporation does in terms of the provisions of Section 4 (3) of the Botswana Housing Corporation Act have the power and the legal authority to discharge and exercise the functions and powers of the board of the corporation'.
The court further ruled that the minister may appoint or delegate those powers and functions to other people whilst the board remains vacant.
'The applicant can further appoint and/or delegate to any person such powers and functions of the board which he may exercise in the absence of the board of the Botswana Housing Corporation, pending appointment of the substantive board,' reads the order.
In addition, the court confirmed that decisions already taken, or those that may be taken in the future by the minister or by people authorised by him after the dissolution of the BHC board, will be legally valid.
The order says: 'Any decision, act, resolution done or to be done by the applicant or authorised by him to be executed by other persons whom he nominated and delegated after the dissolution of the Botswana Housing Corporation board shall be valid and lawful and stand as if it had been authorised by the board of the Botswana Housing Corporation.'
The ruling also sets a time limit for the arrangement: the order will remain in force until the appointment of a substantive BHC board, which the minister is expected to complete within six months of the order.
Once the new board has been appointed, the court order will automatically lapse. The application was heard in the absence of any opposing party as it was brought on an ex parte basis. Attorney Gabriel Kanjananga appeared on behalf of the applicant during the hearing.
The court's decision provides legal confirmation that the minister may continue to carry out the responsibilities of the BHC board and, where necessary, delegate those responsibilities until a substantive board is appointed within the six months set out in the order.
Meanwhile, the boardless cooperation has been in a power struggle in recent times, culminating in the firing of three top executives, a move temporarily halted by the courts.
Reports indicate that the cooperation has been struggling with governance and procurement issues, and Ramogapi's ex parte application serves as a testament that all is not well at BHC.