Different legislators debating the Committee of Supply of the Auditor General speech by Minister for State President Moeti Mohwasa this week, raised concerns about the Auditor General working on a contract while the law provides for his/her security of tenure.
Mohwasa told Parliament that the Auditor General was unable to submit his/her report to the National Assembly for two financial years 2022-23 and 2023-24 due to delays in submission of financial reports by some institutions. Additionally, he stated that the position of the Auditor General has been vacant since March 2023 and the duties of the Auditor General have been discharged under acting capacity since then. Mohwasa mentioned that the current arrangement not only affects the performance of the office but also compromises human rights of the person holding the acting position for a prolonged time.
Mohwasa's speech shocked Members of Parliament (MPs), with the Nkange legislator, Motlhaleemang Moalosi saying if the new administration aspires to have a world class office of the Auditor General, it should start with amending the Constitution.
"When you make laws, look at international best practices. For the Auditor General to be able to carry out its mandate it should be independent and have financial independence,” Moalosi said.
Moalosi also raised a concern that there are parastatals that are not audited by the Auditor General, which he said should not be the case because such entities are using public funds.
“The Auditor General should have the freedom and unrestricted access to all government documents without any delays or censorship. To adhere to international ethical auditing standards, the AG should have that freedom and be able to make determinations where he/she feels there is something that is not in order and be able to take action against an authority or entity that is not complying by reporting to the prosecutor or fining the,” he added.
But Nata/Gweta legislator, Lawrence Ookeditse said the office of the Auditor General is constitutionally protected; as such the entity or the person holding the position shall not be subjected to the direction or control of any other person or authority.
“This tells us he/she should not be worried about anything in the exercise of his/her functions. Section 114 of the Constitution provides for the security of tenure of this office, but what we have witnessed for the past few years is something that is unconstitutional to some extent,” said Ookeditse.
Furthermore, he raised concern about the Audtitor General being packed at the same or lower level to some public officers that he/she is expected to audit. Moreover, Ookeditse said having the Auditor General working on short term contract defeats the whole purpose of provision of security of tenure.
“It is therefore necessary, that the UDC administration moves on urgency to insure that we have a substantive appointment and security of tenure. I understand that due to legal and practical impediments, the Auditor General has not been able to audit the DIS. This means that this becomes an easy conduit for mismanagement and corruption,” he said.
On the other hand, Ookeditse blamed the Auditor General for what he terms the country’s disproportional development between the north and south.
“With the clarity of mandate the AG has, he/she should look at this with a bit of shame. In this country, if you are given a mandate to audit the performance of government, then how is it that this office has allowed this country to be volcanised between the north and south in terms of development. How is it that in your audit, you are not able to capture that certain parts of the country has roads, hospitals and schools that are in a better shape than another part of the country. AG should be able to say there is a mismatch in terms of government’s investment,” he said. He said some areas in the north, which are rich in minerals and are part of the engine of growth of the economic are under developed, which presents a damning indictment on AG as an oversight institution.
When responding to the MPs remarks, Mohwasa said government is committed to address these concerns soon. He said despite these challenges, the AG have done the best it could over the years, with its report always raising topical issues. “It is the intention of the current Administration to have a substantive Auditor General soon. We are aware that a similar undertaking was made by the previous Administration to have the post filled twelve months after it fell vacant in March 2023. However, we have started the process and I assure you that when we return in the next session, this will be a matter of the past,” Mohwasa said.
Mohwasa has proposed a budget of P119.8 million for the Recurrent Budget and an amount of P10, 000, 000 for the development budget for the Office of the Auditor General.
