Is govt treating Lionjanga with kid gloves?

Staff Writers | Friday October 31, 2008 00:00

 

In the case of Lionjanga, who has been charged with corruption and has been arraigned before court, it would seem as if this practice has been ignored. Lionjanga has been given mutual leave and is on full pay. He enjoys other perks that come with his job including the use of official cars.

The Public Service Act says that a permanent Secretary is empowered to recommend a half salary for any officer facing criminal charges. 'If the permanent secretary becomes aware that criminal proceedings have been or are about to be instituted against a public officer, or considers that disciplinary proceedings should be instituted against a public officer, and is of the opinion that such officer should be interdicted from the performance of his duties pending the taking of proceedings against him, he shall report to the responsible officer recommending the interdiction of such officer:

Provided that where the permanent Secretary is the responsible officer, he shall proceed to take such action as may be taken by a responsible officer in accordance with subsection (2) and (3) and section 23.

'On receipt of a report under subsection (1) the responsible officer shall decide whether the public officer should be interdicted and, if so, the amount of salary (being not less than half) that should be paid to such officer during the period of his interdiction. If as a result of the proceedings the public officer is awarded a punishment less than dismissal, the responsible officer shall decide what proportion of the emoluments withheld, if any, shall be paid to such officer.

Provided that if no punishment is awarded the whole of the emoluments withheld shall be paid to such officer. Disciplinary proceedings may be brought and concluded against an officer notwithstanding that criminal proceedings arising out of the same facts are being investigated or are pending against that officer: Provided that no statement made or evidence given by the officer in the disciplinary proceedings shall be used against him in any criminal proceedings arising from the same facts,' the Act reads.

Other public officers have in the past been subjected to the prescriptions of the Act.

Ministry of Finance Permanent Secretary Serwalo Tumelo said Lionjanga's employment contract is not governed by the Rules and Regulations of the Public Service Act, but by the PPADB Act, hence he is not enjoying any favouritism.

'We would also like to confirm that Lionjanga has been given leave by the minister on full salary. This is in accordance with the PPADB Act 42:08, which allows the minister to determine administrative action against the executive chairman of the PPADB,' Tumelo told Mmegi.

He added that the minister has given leave to Lionjanga until end of December, to allow him to dedicate attention to the court case, after which it is expected that the matter will be reviewed depending on the outcome of the case.

The PPADB Act is silent on what action should be taken against a senior officer implicated in crime. 'The minister may at any time terminate the appointment of any member of the Board on the grounds that the member; is responsible for some act, misconduct, default or breach of trust in discharge of his duties; commits an offence or act of such nature as renders it desirable that his appointment should be terminated; is absent from three consecutive meetings of the board without leave of the Board; has become insolvent or bankrupt under the law in force in Botswana and such member has not been rehabilitated or discharged or has made a composition with his creditors and has not paid his debts in full; suffers from a physical or mental illness or infirmity; or becomes a member of the National Assembly,' the Act says.

Lionjanga was arraigned before the Village Magistrates' Court on August 21, on a charge of corruption. It is alleged that between January 22 and February 27, 2004, he knowingly failed to disclose that his sister and nephew are directors of a company doing business with PPADB. It is said that he participated in the proceedings of the PPADB board meeting that made decisions touching on the company known as Eastgate Enterprises. Lionjanga has pleaded not guilty to the charges. Trial dates have been set for December 15, 16, 17 and 18.

PPADB is a government arm that awards major state tenders. Its mission is to lead the effective implementation of devolved; efficient, cost effective and transparent public procurement and asset disposal system through the appropriate regulatory environment. Before his appointment as the PPADB executive chairman, Lionjanga served government in various capacities including as Permanent Secretary in the then Ministry of Works, Transport and Communications.