For Pete's sake, how did an ex-convict get the job?

OARABILE MOSIKARE
Correspondent | Friday July 11, 2008 00:00

Or did the minister just disregarded the Public Service Act when appointing an ex-convict to the public service? Did Ngoma, who is a nominated councillor in Francistown, get a presidential pardon to be reappointed to the public service?

 Ngoma was convicted by a Francistown magistrate after pleading guilty on four counts of:

* unlawful use of a motor vehicle; 
* stealing by a person employed in the public service; 
* malicious damage to property; and
* giving false information to a person employed in the public service.

On November 23, 1984 he was sentenced to a maximum sentence of six years' imprisonment of which three were conditionally suspended. All effective sentences were to run concurrently. Ngoma was also ordered to pay compensation to the Botswana government to the tune P5, 164, 99.

The summary of agreed facts were that Ngoma, who was then employed as a government driver, was assigned on November 15, 1984, the duty, together with one Miss Simon, to take P17, 000 to 10 different places in the northern district to pay various people.

This was placed in a cashbox and the key entrusted to Ngoma. They arrived at about 6:30 pm at Patayamatebele cattlepost. It seems this was the place where they were to spend the night. Ngoma, after locking his vehicle, went, apparently, to sleep in one hut and Simon in another.

Later on in the night Ngoma got into the vehicle and drove it back to Francistown. He took P30 out of the cash box and hid the rest of the money in his aunt's house. He returned to the cattlepost and, after setting fire to the vehicle, went to the hut and pretended to be asleep.

When other people discovered the fire, he and Simon went to report the matter to the police. The police kept both of them in custody for two days before Ngoma led them to the hidden money. All four counts arose from the same transaction and the main objective clearly was the theft of the money, the subject of count two.

According to the section 8 (1) Public service Act CAP 26:01 'No person who has been convicted of an offence involving moral turpitude or who has been dismissed from the public service shall be appointed to any public office without the approval of the president.'

A private attorney Dick Bayford said an offence involving moral turpitude is an offence that has a negative bearing on one's moral character and uprightness. Bayford said it is within offences such as theft, rape, falsification of information and malicious damage to property.

Usually the commissions of these offences are preceded by deliberate formation of intent by the offender to deceive. They are also preceded by deliberate intent to cause harm. 'That is precisely what Section 8 seeks to prohibit. But men and women of impeccable and unblemished moral credentials should only man the public service.

'The rational behind this provision is easy to decide because the public service is in doubt immense responsibilities which include the welfare of society. The taking of decisions that impact directly on the livelihood on the public and sometimes encroaching on the civil liberties of the individual,' Bayford said.

He stated that Section 8, however, empowers the president to approve the appointment of someone who has been convicted of an offence involving moral turpitude. 'However, the exercise of discretion on the part of president must be done judiciously and deliberately.

In other words, the president must be seized of all information surrounding the intended appointee, the desirability of having him appointed and the interest of the public particularly with regard to the function exercisable by the office to which the appointee is sort to be appointed.'

The legal hawk submitted that such a decision has to be made before the fact of the appointment. It cannot be made retrospectively. 'And like all critical decisions made by the executive it has to be made in writing so that it is fully evidenced,' he explained.

Coordinator of Government Communication Information System Dr Jeff Ramsay demanded a questionnaire on Monday when Mmegi sought to know if Ngoma was granted a presidential pardon. An email was sent to him but on Wednesday he replied that the questionnaire was forwarded to the public relations office in the Ministry of Local Government. At the time of going to press the questionnaire was not replied to. 

Nasha said she has not received Ngoma's name. She said it was up to the Chabale family to choose a person they deem fit to be headman of records. She explained that the chain is long and Mosojane would write a letter to the Masunga tribal secretary informing him/her about the nominee. Then the tribal secretary would forward the letter to department tribal administration to assess the name. 'They would submit the recommendation to me,' she said adding that it takes time.

Ngoma refused to shed light on whether he was granted the presidential order. 'Leave me alone. I don't want to comment. Your paper has been promoting the interest of other people at Zwenshambe and failed to seek my comment. I have nothing to say so leave me alone,' said Ngoma before hanging up.

Francistown-based attorney and senior partner Gabriel Komboni of Phumaphi, Chakalisa and Company said he was not aware of the conviction and/or if Ngoma has been granted presidential pardon.

Headmen of seven wards in Zwenshambe have instructed Komboni that Kgosi Fredah Mosojane of Mosojane, among others, 'should not put into place any person as the next headman of Zwenshambe.' 

On June 30, Komboni served the government with a statutory notice addressed to the Attorney General. If Minister Nasha would not acquiesce to the demands, Komboni said he was 'under instructions to institute review proceedings of the Minister's action before the High Court'. 

The villagers were surprised when Mosojane, on behalf of Nasha, came to announce that a member of the Chabale family (Ngoma) was to take over. It was only in 1979 that the villagers met to elect a headman and it was signed and sealed that from there on, they will only elect people to take the post of headman. That year, Masilo Ngubalane beat Jeremiah Phusumane to assume the position.

Consensus was that after the retirement of Ngubalane last year, an election would be held again but what the villagers do not understand is why the government would want to renege on an agreement that was reached all those years ago.