A fiery courtroom showdown erupted yesterday (Monday) as legal teams for ousted National Arts Council of Botswana (NACB) CEO, Shombie Ellis, clashed with representatives for the Council and former Minister of Sports, Arts, and Culture, Tumiso Rakgare.
Ellis, who was dismissed on October 24th following her suspension, claims she was let go for exposing a suspicious P260,000 transaction allegedly authorized by NACB officials to a nonexistent entity.
In her affidavit, Ellis says that when she questioned the suspicious payment, she was accused of insubordination and unruly behavior.
In a heated argument, Ellis’ lawyer, Samuel Plaatjie, asked the court to issue an interim interdict to halt her dismissal, arguing the process was unlawful and intended to punish Ellis for uncovering alleged misuse of public funds by NACB insiders.
Plaatjie argued that if the unlawful dismissal was allowed to go ahead it would cause “irreparable financial and reputational harm” to his client.
He further argued that the matter was urgent and needed to be attended to immediately.
However, Mboki Chilisa, representing the Council, countered that Ellis’s case lacked urgency, pointing out that she was challenging an already-enforced decision.
Chilisa also argued that Ellis’s request for reinstatement was complicated by her acknowledgment of “irreconcilable differences” with the Council.
Additionally, he noted Ellis had not involved the Attorney General (AG) in her case, which, according to Chilisa, is necessary for matters involving government entities.
The case took another twist when the presiding Justice Tshepho Motswagole questioned the AG’s role in representing state-owned enterprises, a matter that sparked intense debate between the opposing sides.
While Plaatjie argued the AG’s mandate shouldn’t automatically extend to all government-linked entities, Chilisa maintained that the AG’s office serves as the principal legal advisor for state-linked bodies.
Adding to the drama, Chilisa emphasized that Rakgare, who no longer holds the ministerial post, should not bear responsibility for the actions of his former ministry.
The legal wrangling left even Justice Motswagole deliberating on the AG’s precise role in cases like this one.
