A baptism of fire
Mbongeni Mguni | Friday October 7, 2016 16:38
Dramatis personae
Parliamentary Committee members: Samson Moyo Guma (chair), Pius Mokgware, Sethomo Lelatisitswe, Phenyo Butale and Gilbert Mangole
Botswana Trade Commission (BOTC): Mphoeng Tamasiga (CEO) and Maslow Motlogelwa (finance director)
A note reveals the board was dissolved
Guma: “I have a letter that has been given to us officially. It says the tenure of the inaugural board started in January 2015 and based on its recommendation, the minister appointed the CEO who commenced work in February 2016. The board was dissolved in March 2016. The note says ‘within the first month of his stay in office, the CEO appointed four senior executive staff members without the involvement and approval of the board. No advertisements were floated and it follows that no interviews were conducted because the board members who would ordinarily conduct such were not involved.
‘At the time of the appointments, the board had not approved the organisational structure, hence the board had not sanctioned the positions. No job descriptions had been developed for any position and safe for the CEO’s package, the board had not determined any other remuneration packages for any positions.
Sir, is there a board?’”
Tamasiga: “It’s being reconstituted. We have been operating since February without it. I would not know why there’s no board, but I have been told that it’s being reconstituted”.
Guma: “Is there anywhere in the Act which envisages a situation without a board?”
Tamasiga: “No. On those allegations, I want to tell you I’m not aware…”
Guma: “Hold on. It would be proper for us to give you this note so that you can respond properly”.
Mokgware: “Can we be clear and not go deep into English. Were you told that the board no longer exists? Was that in writing? What was your response?”
Tamasiga: “It was verbal. My response was to ask why, but at the end of the day, it is the Minister’s power. I had to find my way around by making sure that we keep the momentum and make sure the organisation is established”.
Mokgware: “Show me in the Act where it says you have to find your way around or where it says you must run without a board”.
Tamasiga: “There’s no such section. It’s clear that we should operate with a board, but I found myself without a board”.
Lelatisitswe: “The BOTC was formed by an Act of Parliament. What was the number of staff members as approved by Cabinet?”
Tamasiga: Cabinet had said there should be 10 members of staff. The board said 38 and that’s why I had to come up with a smaller structure. I don’t know where the board got the figure of 38 from”.
On ‘boardless’ recruitments
Guma: “There are certain decisions that require the board to sanction. In its absence how did you operate?”
Tamasiga: “I did not take those decisions that required the board and there were no decisions that required the board. On the issue of employing the five members of staff, I had to set up a temporary structure”.
Guma: “What’s that? Where did you get that authority?”
Tamasiga: “The board approved that structure. The board prior to being dissolved had approved a 38-member staff structure and I had to work with a small structure from there. The people I have appointed, I was given the express written permission by the board to go ahead and headhunt”.
Guma: “They said ‘go ahead and headhunt and bring the names to us’. The authority was the board’s to appoint. You took the decision of the board to appoint”.
Tamasiga: “Yes, my view was that they had given me the go ahead to do so. The letter said go ahead and headhunt and the board gave me a timeframe”.
Mokgware: “You are the only person who hired these people. You went out and looked for them and hired them despite what the Act says. By yourself, you called them and employed them despite the Act”.
Tamasiga: “Two were within my authority to appoint, I think. Three were within the board’s authority. I did the interviews for them, alone”.
Mokgware: “Would you then say you complied with the Act? Who approved those salaries?”
Tamasiga: “I have complied in part. I approved the salaries of three people. In the absence of the board, I had to take the risk and take certain decisions”.
Guma: “Hee banna!”
Mokgware: “The Act does not provide room for taking risks. You went out and found people and called them and gave them salaries without permission”.
Butale: “You said the board had approved a structure of 38 people?”
Tamasiga: “They said it was a draft structure”.
Butale: “Did the board in fact approve the structure?”
Tamasiga: “No, because there was no resolution on that”.
Butale: “So the letter you said gave you the right to headhunt, what was it based on?”
Tamasiga: “It was based on the draft structure”.
Guma: “Think carefully about your answers because they are close to criminality. You are under oath and these are serious allegations. You are contradicting yourself”.
On the luxury offices
Guma: “How many staff does the commission have and how much rent are you paying?”
Tamasiga: “We have five staff members, excluding myself. The rent is P79,000 per month”.
Guma: “For five members of staff!”
Tamasiga: “The lease agreement was entered into between the owner of the property and the board. The board signed that before I came into the picture”.
Guma: “Was there a tender for that?”
Tamasiga: “That was before my time, but I think they went out looking for office space”.
Guma: “Do you think it’s proper for five people to operate from an office costing P79,000 per month? How big is the space?”
Tamasiga: “I would say it’s not OK. It 767 square metres. We were expecting to employ more staff and we would have done so, except for budget constraints”.
Lelatisitswe: “That space was for 38? How about the ten Cabinet had said it wanted the staff to be limited to?”
Tamasiga: “When that decision was made (for 38 staff members), the cabinet decision was already there”.
Lelatisitswe: “So you are comfortable occupying that P79,000 building with five members of staff or 10?”
Tamasiga: “I’m not comfortable. The board procured the space. It’s something that I inherited and I take responsibility for it”.
Guma: “That space is a lot. Can you not at least sublease?”
Tamasiga: “We are pushing that aspect. However, it’s a three-year lease without an option to terminate. That’s why my hands are tied. It was the board!”
Proceedings screech to a halt
Guma: “Let’s stop here. The Act has never envisaged that a parastatal can operate without a board and if you are sitting there as the CEO without that, then you are doing that deliberately. You and the Minister. In the absence of that board, then there’s anarchy and that has never been the intention of Parliament. Any institution running like that is doing so deliberately and as the CEO you are doing that and enjoying it, saying you are taking risks. We want written submissions as to why there’s no board by Friday”.