Minister promises transparency in BCL

Minister for State President, Defence and Security, Mr Moeti Mohwasa, says the Presidential Commission of Inquiry into the closure of BCL Limited will operate with full independence, transparency and accountability. Answering a parliamentary question recently, Minister Mohwasa said the commission was established to investigate the circumstances surrounding the liquidation of the copper-nickel mining giant, whose collapse devastated the economy of Selebi-Phikwe and affected thousands of Batswana. He explained that the commissioners were appointed in strict accordance with the provisions of the Commissions of Inquiry Act.

“Appointments were thoroughly vetted for conflicts of interest. The Commission also reflects regional and professional diversity to reinforce public confidence,” the minister said. Mr Mohwasa stated that public sittings would be the default, with proceedings publicly noticed to allow Batswana to follow the process and a complete public record of evidence, submissions and exhibits would be maintained, subject only to lawful redactions for witness protection or national security reasons.

He added that witnesses and affected parties would have the right to legal representation and the Commission would operate free from any executive direction or control in its investigations, witness selection or final findings. Mr Mohwasa revealed that the Terms of Reference (ToR) were drafted following rigorous consultations with legal, financial and environmental experts and were reviewed by senior counsel specialising in liquidation law and public inquiries. The expansive ToR, which were published in the Government Gazette for public and parliamentary scrutiny, he said covered the lawfulness of all liquidation actions, conduct of directors and Cabinet members, allegations of corruption, fronting and tender irregularities, environmental disaster risks, as well as asset accounting and possible pilfering.

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The minister confirmed that the ToR underwent expert legal review to ensure that they were comprehensive and capable of producing actionable recommendations. Mr Mohwasa emphasised that the Commission enjoyed statutory independence under the Commissions of Inquiry Act, granting it the powers of a court of record, including the authority to summon witnesses, compel the production of documents and punish contempt. “The chairperson, retired judge Mr Wallis, brings unquestioned judicial independence to the role. All government departments and public officers have been formally directed to cooperate fully without seeking political guidance.

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