Axed Director General of the Directorate on Corruption and Economic Crime (DCEC), Joseph Mathambo, has dragged President Mokgweetsi Masisi to court demanding over P3 million which he argues is due to him after his demotion.
In papers filed before Gaborone High Court last week, Mathambo who was fired from his top job amid the controversial P100 billion saga in August 2020 says he was not given any reasons for his demotion.
“On 24 August 2020 I reverted to my former position at BDF as Brigadier and upon returning to this position my salary scale was reduced from F 0 to F 2 and I also forfeited some of the benefits I enjoyed whilst I was on secondment to the DCEC,” his affidavits read in part.
However, Mathambo says with this court case he is not challenging his demotion. “In this application I do not seek to impugn the President’s power to remove me from the office of the Director General of the DCEC and I aver that the President had the requisite power to make the decision to remove me from the said position. My bone of contention is that the residual terms and condition of the underlying contract of employment which I entered into with the Government of Botswana remain full force and effect and ought to be honoured.”
As the head of the DCEC Mathambo was earning the same salary as his boss at the BDF, an amount of P 655 656.00 per annum with benefits, a salary which he argues he should retain.
“I have been advised that when a fixed term contract of employment is prematurely terminated the party adversely affected may claim re-instatement or full payment of benefits for the remaining period of the contract. In the present case I do not seek the court to order my reinstatement. I however contend that I am entitled to full payment of salary, allowances and the benefits I would have enjoyed for the remaining period of this contract, less what I currently draw from my position as Brigadier,” Mathambo further argues.
Mathambo cited former DCEC heads who maintained their salary and benefits upon being transferred to other departments as precedents.
Some of his allowances on top of his salary were rent free accommodation, a private government vehicle to and from work, committed 15% overtime allowance, 15% special duty allowance, 24 hour security, cellphone allowance, gratuity of 30 % total amount of salary earned for the duration of the contract, among others.