An apparent power struggle in the Ministry of Trade and Industry has landed the Selibe Phikwe Economic Development Unit (SPEDU) in the High Court after two ministers issued conflicting statements on the appointment of Director of Strategic Projects, Jazenga Uezesa, for another 12 months.
Assistant Minister Beauty Manake reportedly ordered the Board of Directors to extend Uezesa’s contract by one year, whilst her Boss Mmusi Kgafela has ordered the same board to reverse the decision.
According to court papers Uezesa was appointed DSP in May 2015 on a five year contract and it was renewed in March 2020.
Following departure of substantive CEO, Dr Mokubung Mokubung in April 2021, he was appointed to act as Chief Executive Officer, and held the two positions until April 2023.
He says a Board meeting held on 13th March 2023 in Gaborone resolved to extend his contract by one year to April 2024.
“Subsequent to the meeting I was invited for a meeting by the Board Chairman and he advised that the board had unanimously approved my request for contract extension for the position of DSP, but for a period of one year as opposed to the two years I sought, citing uncertainties caused by pending rationalization of Parastatals by the government”.
He says he tried to follow up the matter with Board Chairman, Obonetse Mothelesi, for a written contract offer, but in vain.
Uezesa says on 11th April 2023 he received a letter from Mothelesi indicating that the board had rejected his contract renewal. “The said letter did not state when the board considered my renewal and when the board resolved to reject my renewal”.
He argues that since he was Acting CEO he has information that no such meeting was held to reject his renewal. “This came as a surprise as to my knowledge we had already concluded a contract of employment for one year and all that was left were mere formalities”.
He argues that his rejection is unlawful and that Minister Kgafela is the one who rejected his renewal.
He submitted that the Minister’s purported instruction to the Board to reject him is unlawful since the minister has no authority over appointment of positions below that of CEO.
Uezesa wants the High Court to order SPEDU to confirm his employment effective May 2023 until 30th April 2024.
He says the matter is urgent since his contract expired on 30th April after which point the new contract was supposed to commence; and that SPEDU and the Board Chairman are acting in bad faith.
He further says his track record is wonderful as it shows that over 20 companies have invested around P1.2billion in the area and close to 5000 jobs have been created during his tenure as DSP and Acting CEO.
However, Mothelesi argues that he never offered him any job adding that Uezesa has been a thorn in the flesh ever since he applied for renewal of contract in February 2023.
He says when assistant minister Beauty Manake was acting minister on sometime in March, she ordered the Board to extend Uezesa’s contract contrary to the Board resolutions.
He says during the back and forth, Uezesa ordered company secretary Goitseone Modise to write him a renewal letter after the March 13th meeting and she obliged although surprised. “He continued to hound Mrs Modise on how far with issuance of the offer letter even suggesting that she should ask the Human Resource Department to issue the letter”.
He says Uezesa slept on his rights after his contract expired in November 2022 and he only applied for contract renewal in February 2023, and recently making an urgent application on April 24th. He says the six months he spent without approaching SPEDU for contract renewal means he knew that it was not going to be renewed.
In a letter dated 20 March 2023, Mothelesi complained to Minister Kgafela his junior’s conduct stating that the Board debated and voted to reject Uezesa’s contract extension on 27th February.
“The Board was summoned for a meeting by Honorable Beauty Manake, then Acting Minister MTI. During the said meeting, the Board was reprimanded by the Acting Minister for not granting the Renewal of DSP and directed that it should re-consider its decision to reject the same”.
He explained that on 13th March Board Reconvened to reconsider the Renewal as directed by the assistant minister and resolved to; Rescind its resolution passed on 27th February 2023.
It also approved DSP contract renewal for 12 months effective 1st May 2023 to 30th April 2024.
It also resolved to extend his acting appointment as CEO from 1 April 2023 to 31 October 2023 in the event a proposed swap with a SEZA swop was unsuccessful.
In a response dated 4th April Minister Kgafela expressed disappointment with the manner in which the Board handled the DSP matter stating that a minister has no right to interfere on company operations whatsoever.
He advised them to seek legal advise. “The Minister responsible for Trade and Industry is himself or herself not a shareholder by reason alone of being the responsible minister, but representative of the shareholder. A special resolution in my construction in this instance would be one passed by Cabinet and not one passed by the Minister sitting alone,” reads Kgafela’s response in part.
The matter is before Justice Zain Kebonang and trial dates are yet to be set.
