BTO Board hit with last-minute legal curveball
The Board of Directors of Botswana Tourism Organisation (BTO) was dealt a legal setback today (Wednesday evening) when attorneys representing suspended Board Secretary, Kgotso Mile Ollyn, moved to halt disciplinary proceedings scheduled for Thursday, June 11, 2026, at 1130 hrs.
In a strongly worded letter addressed to the board, the attorneys argued that there is a pending matter before the Industrial Court in which Ollyn is challenging the lawfulness, validity and fairness of the disciplinary process instituted against him.
“As you are aware, our client has approached the Industrial Court challenging, inter alia, the lawfulness, validity and propriety of the disciplinary process as a whole,” reads the letter from Monthe Marumo & Co.
“The issues presently before the Court go to the very foundation of the disciplinary proceedings and the legality of their continuation. In those circumstances, any attempt to continue with the disciplinary hearing before the Court has pronounced itself on the issues placed before it would effectively pre-empt the Court’s determination and create a fait accompli,” the lawyers warned, noting that such conduct would undermine the administration of justice and render the pending proceedings academic or nugatory.
The attorneys argued that the Board of Directors cannot oppose the court application at the same time as proceeding with the disciplinary hearing as though the issues before the court have already been determined in its favour.
“In our view, such conduct demonstrates profound disregard for the judicial process and an attempt to render court proceedings academic,” said the attorneys, adding that the Board is fully aware of the court proceedings.
Should BTO continue with the disciplinary hearing, the attorneys threatened to apply for an interdict restraining the continuation of the proceedings and seek an order declaring the conduct of the board unlawful and in contempt of the court’s processes.
Furthermore, the attorneys threatened to seek punitive costs against those responsible in their personal capacities where appropriate.
“Any continuation of the disciplinary process during the pendency of the litigation will be viewed as a deliberate attempt to defeat the court’s jurisdiction and prejudice our client’s rights before the court. We therefore call upon you to confirm in writing by no later than 1500hrs today, June 10th 2026, that the disciplinary proceedings shall be suspended pending the final determination of the matter before the Industrial Court.”
At the time of going to press, the BTO legal team had not responded to the letter, Ollyn confirmed. This effectively meant that the disciplinary hearing would continue as scheduled.
Ollyn was suspended for 30 days early this year alongside the CEO Keitumetse Setlang on allegations of misconduct but has had his suspension extended three times until the Minister of Environment and Tourism directed the institution of formal disciplinary proceedings.
In his court papers, Ollyn contends that the process against him has been fundamentally flawed.
“To the present day, I have not been interviewed by the investigators sanctioned by the Respondent, nor am I aware at this point of the alleged misconduct I was being investigated for, other than through the charge sheet/notice of disciplinary hearing received on the 27th May 2026,” he says.
“It begs the question as to how any investigation report could have been arrived at without input from my end in response to the allegations against me.”
Ollyn further states that the forensic investigation report referred to in the Minister’s letter dated April 10, 2026, has never been made available to him.
