Justice Omphemetse Motumise recently ordered the reinstatement of former Ministry of Environment and Tourism deputy director, Kgomotso Neo Diwanga, stating that the decision to expel her from work by the Permanent Secretary to the President (PSP), Emma Peloetletse, was "irrational and unreasonable". Peloetletse was only 10 days in office as acting PSP when she dismissed Diwanga, who had at that point been suspended for over 11 months based on recommendations from the ministry. On August 13, 2021, Diwanga brought an application seeking the review and setting aside of the decision of Peloetletse, dated April 26, 2021, dismissing her from employment. The Attorney General (representing the then Ministry of Environment, Natural Resources Conservation and Tourism) and Peloetletse in her capacity as the then acting PSP and decision-maker to the decision sought to be reviewed were cited as the respondents.
Diwanga argued that the disciplinary process was not taken promptly contrary to Section 39: l of the Public Service Act, Act No. 30 of 2008 (the PSA), and the decision was "unreasonable, irrational, and illegal." On that basis, she also prayed for immediate reinstatement and the payment of all salary arrears and costs. The respondents opposed the application. Their position was that the decision in question was both substantively and procedurally fair. They further argued that the disciplinary hearing was prompt and within reasonable time limits. Diwanga was by a letter dated May 25, 2020, placed on leave of absence by the permanent secretary in the ministry who stated that they had received serious allegations that she was involved in the authorisation of payments for the procurement of motor vehicles from Motor Centre Botswana (Motor Centre) with an expired PPADB Form 3 contrary to the "PPADB Act and Financial Instruction 304." The PS found Diwanga's alleged conduct was contrary to Section 27(3)(n) of the PSA and indicated that they wanted to investigate the matter fully. By a letter dated May 28, 2020, the applicant was suspended from duty pending investigations, this time for the alleged contravention of the "PPAD Act and Finance Instruction 304."
