A case at the Court of Appeal has revealed blatant criminal conduct on the part of an unnamed member of the Council of the University of Botswana.
At its meeting of October 5, 2012, the Council considered an industrial relations dispute between UB and Dr. Gbolagade Adekanmbi, an expatriate employee whose new contract of employment had been revoked. Upon deliberating on the matter, the Council resolved that Adekanmbi should be reinstated as the revocation of his contract was unprocedural. A letter from the then Secretary to the UB Council, David Fani, informed Adekanmbi that “Following due consideration, the University decided to uphold your appeal.” However, when the Council met in January 2013, the Council Chairperson, Justice Elijah Legwaila, discovered that the minutes of the October 2012 meeting had been falsified because they didn’t match his own notes. In the finding of the CoA, the “patent differences” between the minutes and Legwaila’s notes “were not ordinary inaccuracies but differences suggestive of a deliberate alteration to the minutes.” Of “great concern” to the court was the addition of a whole paragraph (marked ‘D’) that made fictitious resolutions on behalf of the Council.
The CoA judgement says that “Fortunately, the then Council Chairperson was clear and adamant on account of his diligent and astute mind that the contents of paragraph (d) were never part of the resolution of Council at all.” The judgement doesn’t say who was responsible for the “flagrant alteration” but is clear about its suspicion that the alteration “is suggestive of, if not actually manifesting some malicious manoeuvre” towards Adekanmbi. The meeting resolved to delete the whole paragraph and replace it with a true account of what the Council had actually discussed and agreed upon.
UB Council meeting minutes were doctored ÔÇô judges
