As the mine closure became a topical issue in the political cycles and elsewhere, it did so from Business Botswana under which a Task Team was established to, according to the government-owned Daily News newspaper dated 21 March 2017, ‘investigate circumstances surrounding BCL closure.’ Seemingly in agreement with the reasons proffered by government to close the mine, the newspaper continued that ‘Presenting the Task Team report, Business Botswana Chief Executive Officer Dr Racious Moatshe said government decision to place BCL, Tati Nickel Mining Company and related entities under provincial liquidation in October 2016 was ostensibly made to minimise losses to the shareholder as the mine was fast spiralling towards a state of bankruptcy.’ However, the Task Team major recommendation was that ‘… the mine should not be completely shut down as it still had the potential to be mined profitably with some restructuring and change of ownership.’ The point of departure should be that the mine closure by Khama was reckless in that there was on the face of it, no extensive consultation prior to the closure, with one of the key stakeholders being the Botswana Mine Workers Union whose members I will argue, formed the bulk of the labour force at the mine. It is estimated that about 5000 mine workers lost their jobs and by extension livelihoods to many of their immediate and extended families. The socio-economic devastation to other businesses, large and small, cannot be understated wherein the effects are still felt to this day.
It is in this respect that Khama is in the crosshairs of the Presidential Commission of Inquiry into the closure of BCL mine owing principally to the decision he took to do so. It is highly likely the Inquiry will make this finding which fortunately, we already know. The question arising should be what recommendation it will make in this regard in so far as holding him legally liable for mine closure and the subsequent after effects should it be permissible in law.
Khama is likely to defend himself by stating he took the decision upon receiving recommendations to close the mine from those he had tasked to look into the matter. He will have to present documentary and any other evidence to that effect for verification. He is also likely to refer to Section 47 of the Constitution which empowers the President of the Republic to take a discretionary decision on any matter without consulting anyone if he so desires.
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This is the same law that President Boko used to identify and appoint Alvarez & Marsal Holdings to perform the forensic audit on government and its State-Owned Enterprises. From my layman’s point of view, I am not sure whether or not an executive decision taken by the President of the Republic in view of the provisions of Section 47 can legally be considered challengeable. It is common cause that Khama will not deny that he took the decision to close the mine and that he in fact sent his then Vice President Mokgweetsi Masisi to deliver the devastating news to the BCL employees.
I am therefore struggling to ascertain what the purpose and end result of determining who ordered the mine closure and the reasons thereof when such information has been in the public domain from day one and crucially that such has not been disputed. Former President Khama will undoubtedly be the main focus of the BCL inquiry given that he is the one who closed the mine and in the process, caused untold suffering and harm to Selebi-Phikwe and its neighbourhood. While this is so, and accompanied by the fact that the decision was manifestly irrational if it can be established the closure was not backed by any empirical evidence, I don’t believe his blameworthiness can go beyond the point that it was an irrational decision.
His blameworthiness if anything, could be established if he corruptly influenced the liquidation process in one way or the other in order to gain financial benefit for himself or others close to him. I am prepared to be persuaded otherwise as always. Judge for Yourself!
*On a sad note, condolences to the family, friends and colleagues of the late former Mmegi reporter Rre Lebogang Mosikare. God Bless.adamphetlhe08@gmail.com
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