Category: Sunday Standard

Ngamiland cattle farmers have welcomed government’s agreement with Namibia to allow beef from the region to transit through its territory into Angola, saying the long-awaited breakthrough could revive cattle farming and improve the fortunes of the Botswana Meat Commission (BMC) Maun abattoir.

The deal, announced by Minister of Lands and Agriculture Dr Edwin Dikoloti in Parliament last week, concludes years of negotiations between Botswana and Namibia and opens a new export corridor for beef produced under Botswana’s Commodity-Based Trade (CBT) programme.

Ngamiland Joint Farmers Association chairman Frank Mafela said the agreement would restore confidence among farmers who have long struggled with limited market access because of recurring Foot and Mouth Disease (FMD) outbreaks.

‘Given the ongoing challenges facing cattle farmers in the region, this development is bound to encourage more farmers to invest in farming knowing that market access has improved and that this will guarantee them cashflow,’ Mafela said.

For years, farmers in Ngamiland have argued that access to a transit route through Namibia would unlock the region’s livestock potential. While the association is yet to be briefed on the operational details, Mafela said farmers remain optimistic that government will safeguard the agreement while pursuing additional regional markets.

The breakthrough is expected to strengthen the BMC Maun abattoir, which has operated under difficult commercial conditions because FMD restrictions have limited access to premium export markets. The facility has relied heavily on financial support from BMC’s Lobatse abattoir, with improved market access expected to boost throughput and reduce dependence on cross-subsidisation.

Government believes the new corridor will support regional trade while helping cattle farmers in wildlife-rich Ngamiland secure better returns without compromising Botswana’s animal health standards.

The first lesson for many reception class pupils in Boteti West is not reading or counting – it is learning to use toilets never designed for children their age. This is atleast according to a question tabled in Parliament last week by area Member of Parliament – Sam Digwa.

In his response, the Minister of Local Government and Traditional Affairs Ketlhalefile Motshegwa revealed that only three of Boteti West’s 15 primary schools have purpose-built junior toilets, leaving reception class pupils in the remaining 12 schools sharing ablution facilities with older learners despite government policy requiring age-appropriate sanitation.

Digwa also questioned the ministry about the deteriorating state of school toilets and whether young children were being forced to use the same facilities as mainstream pupils.

Government admitted that only Motopi, Etsile and Mokoboxane have fully fledged junior toilets. The other schools continue to rely on facilities intended for older children, a situation the ministry described as a temporary measure caused by years of inadequate funding.

The irony is that government policy expressly states that reception learners should use dedicated junior toilets and should not share with older pupils. However, the ministry acknowledged that when the pre-primary programme was introduced, councils converted old kitchens and other existing structures into classrooms because funding was insufficient to build new facilities, leaving junior toilets out of the plans.

To address the problem, government has allocated P2.4 million for minor maintenance of school infrastructure in Boteti West. Repairs have been completed at several schools, including Baipidi, Moreomato, Khumaga, Etsile, Mmadikola, Xhumo and Motopi, while construction and rehabilitation work continues at others.

But the figures show the scale of the challenge. Eighty percent of primary schools in the constituency still lack dedicated junior toilets, forcing Botswana’s youngest learners to use facilities that government itself says are inappropriate.

For parents, the issue goes beyond infrastructure. It is about dignity, safety and whether children taking their first steps into education are being given an environment worthy of their age and potential.

The African Development Bank (AfDB) has raised questions about Botswana’s ability to translate improvements in budget transparency into credible and reliable fiscal management. It warns that persistent gaps between approved budgets and actual outcomes are weakening public investment, increasing fiscal risks and potentially raising borrowing costs.

This comes at a time when Botswana is negotiating a multi-billion Pula loan from the continental bank. AfDB. Unlike traditional development loans where money is released upfront, the proposed funding adopts the AfDB’s results-based financing model, meaning Botswana would have to demonstrate measurable progress before portions of the loan are disbursed.

The query against Botswana’s budget credibility is contained in the AfDB’s country focus report, ‘Mobilising Botswana’s Development Financing at Scale in a Fragmented World.’ The Bank acknowledges that Botswana has relatively strong fiscal institutions but says weaknesses in forecasting, budget execution, cash management and administrative capacity continue to undermine the effectiveness of public finances.

The report asks: ‘Has Budget Transparency Translated into Credibility?’ Its answer points to a significant gap between transparency on paper and the actual reliability of government budgeting.

‘Despite relatively strong fiscal institutions, low budget credibility and administrative capacity challenges in compliance monitoring and enforcement undermine collection efficiency in Botswana,’ the AfDB says.

The bank notes that deviations between approved budgets and actual outcomes remain persistent. It attributes some of these deviations to the volatility of mineral revenues, Southern African Customs Union (SACU) transfers and difficulties in accurately forecasting revenue and planning expenditure.

The problem, according to the AfDB, is compounded by external shocks.

‘External shocks, such as commodity price fluctuations and geopolitical crises can further widen these gaps, and disrupt fiscal discipline,’ the report warns.

The AfDB warns that weak budget credibility is not simply an accounting problem.

‘Weak budget credibility reduces the efficiency of public investment, raises fiscal risks, undermines investor confidence and increases borrowing costs,’ it says.

The bank recommends that Botswana strengthen its forecasting capacity, commitment controls, treasury operations and cash management systems.

‘These will be essential to enhance budget reliability, support fiscal sustainability, and mobilize capital more effectively,’ the AfDB says.

Despite its concerns, the AfDB recognises that Botswana has made progress in fiscal transparency and accountability.

The report says improvements in budget reporting, disclosure and public access to information have strengthened fiscal transparency.

Parliament and the Auditor General are identified as important institutions in overseeing the use of public resources, while internal audit systems have increasingly adopted risk-based approaches.

However, the bank says Botswana still has work to do in ensuring transparency across the entire budget cycle.

‘Challenges remain in ensuring full transparency across the budget cycle, including timely reporting and broader public participation,’ the report says.

The AfDB also warns that Botswana’s relatively strong oversight institutions do not automatically guarantee effective accountability.

‘While Botswana has relatively robust institutions, gaps remain in timely audits, follow-up on findings, and oversight of SOEs,’ the report says.

State-owned enterprises remain a particular area of concern because weak oversight can expose government to financial risks and undermine the effectiveness of public spending.

The bank calls for stronger transparency, improved digital reporting and greater public participation in the budget process.

It says resilient public financial management systems will be crucial for Botswana as the country attempts to absorb economic shocks while maintaining fiscal discipline.

The AfDB’s assessment goes beyond revenue collection and focuses on how effectively government converts approved budgets into actual development.

It says Botswana’s public financial management system has strengthened over time, particularly in fiscal planning, transparency and audit practices.

These improvements have supported macroeconomic stability and policy credibility. But significant institutional gaps remain.

‘Gaps persist in budget execution, cash management, procurement discipline, and project implementation,’ the report says.

The AfDB points to deviations between planned and actual spending, forecasting weaknesses and inadequate commitment controls as factors that can reduce efficiency.

Fragmented reporting systems and capacity constraints also affect coordination and oversight.

The bank identifies weaknesses in public investment management as a source of delays and cost overruns in infrastructure projects.

‘Weaknesses in public investment management (PIM) contribute to delays and cost overruns in infrastructure projects, limiting growth impact,’ it says.

The recommendation is for Botswana to strengthen digital integration, treasury systems and procurement practices while improving the preparation of public projects before they enter the budget.

The AfDB argues that Botswana does not necessarily have to borrow more to achieve better development outcomes.

Instead, the country could create additional fiscal space by improving the efficiency of existing public spending.

‘Improving efficiency would generate significant fiscal savings, expand fiscal space, and support growth without increasing debt,’ the report says.

Botswana’s population is on course to approach 3 million by 2038, with a rapidly expanding working-age population and accelerating urbanisation set to reshape the country’s economy while putting pressure on jobs, housing and infrastructure.

The population is projected to rise from 2.40 million people in 2023 to 2.95 million by 2038, an increase of about 558,000 people, according to the latest population projections from Statistics Botswana. The medium-variant scenario, which the report identifies as the country’s primary planning baseline, puts average annual population growth at 1.4% over the period.

The demographic expansion comes with a potentially valuable economic shift. The proportion of Botswana’s population aged 15 to 64 is projected to rise from 63.26% in 2023 to 67.59% in 2038. But the report makes clear that a larger workforce will not automatically translate into stronger economic growth.

‘This expansion enhances Botswana’s potential to harness the demographic dividend, provided that adequate investments are made in employment creation, skills development and productivity,’ the report says. That creates a high-stakes policy challenge for a country seeking to diversify its economy and reduce its dependence on traditional sources of growth.

Statistics Botswana says the expanding working-age population creates an opportunity to increase productivity and economic competitiveness, but warns that without strategic investment, the larger labour force could face unemployment and underemployment. ‘Without strategic investment, the expanding labour force could face unemployment and underemployment, undermining economic gains,’ the report says.

The projections point to a country becoming significantly more urban over the next 12 years. The share of people living in urban areas is expected to increase from 70.4% in 2023 to 76% by 2038, with growth concentrated around Gaborone and fast-expanding centres including Mogoditshane, Kweneng, Kgatleng, Tlokweng, Palapye, Mahalapye, Serowe, Tonota, Tutume and Francistown.

That shift is likely to intensify demand for housing, transport, water, sanitation and other public services. The report says the 5.6-percentage-point increase in urbanisation will require ‘substantial investments’ in housing, transport infrastructure, water and sanitation, waste management, environmental protection, schools and health facilities.

The population growth will also be unevenly distributed.

Mogoditshane is projected to record the largest absolute increase, adding 57,762 people between 2023 and 2038. Gaborone is expected to add 44,393, while North West and Okavango are projected to gain 40,741 and 34,279 people respectively.

Okavango is projected to be the fastest-growing district, expanding by about 44% over the period. North West and Boteti are each projected to grow by about 33%, while Tonota, Tutume, Letlhakeng, Mabutsane, Goodhope and Mogoditshane are expected to record increases of between 28% and 32%.

The growth is reinforcing what the report calls Botswana’s ‘eastern and northern growth corridor’, stretching from Gaborone through Mogoditshane, Kweneng, Kgatleng, Mahalapye, Palapye, Serowe, Tonota, Tutume and Francistown. These areas are expected to absorb much of the country’s internal migration and natural population increase.

At the same time, Botswana is beginning to age. The share of people aged 65 and above is projected to increase from 5.48% in 2023 to 6.61% in 2038, while the median age is expected to rise from 26 to 29 years. The report says the shift will have implications for healthcare, pensions, social protection and long-term care.

Fertility is also expected to continue falling, with the total fertility rate declining from 2.86 births per woman in 2023 to 2.20 by 2038. Annual births are projected to fall from 55,850 to 49,415 over the same period, an 11.5% decline.

The report calls for job creation, stronger technical and tertiary education, greater emphasis on STEM, green technologies and digital skills, as well as policies supporting entrepreneurship and small businesses. ‘These shifts present both opportunities and challenges that require coordinated, evidence-based policy responses,’ Statistics Botswana says.

The agency cautions that the figures should be treated as planning tools rather than exact predictions and updated regularly as new data become available.

Businessman Bakang Seretse who is fighting a P42m judgement has now turned his fire on the judge who delivered it, accusing one of Africa’s most respected jurists of prejudging him.

Seretse has lodged a complaint with the Judicial Services Commission(JSC), demanding an investigation into whether Justice Edwin Cameron’s conduct created an appearance of prejudgment, compromised judicial impartiality and resulted in him being treated unequally before the Court of Appeal.

Seretse has not only put Justice Cameron on the JSC’s examination table, he is also challenging the independence of the process that will examine Cameron.

He is also demanding that two key members of the JCS, Judge President Tau and Attorney General Dick Bayford should stay out of the process that will decide his complaint

The complaint filed under the JSC (Code of Conduct and Enforcement Procedures) Regulations, centers on two Court of Appeal judgments delivered by Cameron in separate cases arising from the National Petroleum Fund controversy.

The challenge puts the conduct of a judge with an exceptional international reputation under scrutiny. Cameron, a former justice of South Africa’s Constitutional Court and Supreme Court of Appeal, spent 25 years on the South African bench and built a reputation as a leading jurist and human-rights advocate. Nelson Mandela famously described him as one of South Africa’s ‘ new heroes’.

Seretse, however argues that Cameron’s language in the two NPF-related judgments went beyond judicial findings and revealed a recurring pattern of prejudgment against him.

The first was delivered in February 2024 when a panel comprising Justices Singh Walia, Johan Froneman and Edwin Cameron dismissed an appeal by Seretse against a High Court decision that granted the Directorate of Public Prosecutions and Bank Gaborone civil forfeiture of 26 assets, including luxury vehicles and properties.

The second judgment was handed down on 31 July 2026 when Cameron, sitting with Justices Tebogo Tau and Isaac Lesetedi, overturned a High Court ruling and granted summary judgment against Seretse and Khulaco (Pty) Ltd, ordering repayment of P42 million to government together with interest.

While the two matters concerned different legal disputes, Seretse argues that they reveal a recurring pattern in the language used by Cameron.

In the 2024 forfeiture appeal, Cameron described the movement of NPF funds through a network of companies as occurring through an apparent ‘honeypot’ from which a ‘near frenzy of looting’ depleted public funds. The judgment further referred to recipients becoming ‘fabulously enriched’ from transactions linked to the fund.

In his complaint, Seretse contends that these descriptions did not originate from the High Court judgment delivered by Justice Omphemetse Motumise and instead reflected Cameron’s own characterisation of the evidence.

‘Cameron JA did not simply adopt or accurately summarise Motumise J’s findings. He repeatedly intensified and personalised them,’ Seretse states in the complaint.

The complaint identifies a series of expressions used in the judgment, including references to a ‘monstrous fraud’, a consultancy agreement described as ‘equally bogus, a tawdry copycat’, ‘phoney names’ and documentation characterised as ‘all equally fake’.

Seretse argues that the language transformed findings relating to disputed transactions into conclusions about his personal honesty and character.

Particular emphasis is placed on a passage in which Cameron questioned how Seretse accumulated luxury assets and suggested that he had advanced a purported consultancy contract as an explanation for his wealth. According to the complaint, the judgment attributed motive and intention to him despite the fact that no oral evidence had been heard and no witness had been cross-examined.

The complaint further challenges Cameron’s use of language in the 2026 Khulaco judgment.

That matter arose after government appealed a High Court refusal to grant summary judgment in proceedings seeking recovery of approximately P42 million. Government argued that Khulaco and Kgori Capital were effectively Seretse’s alter egos and that fiduciary duties owed to the state had been breached. Cameron agreed with the state’s position, finding that the companies operated under Seretse’s control and that significant conflicts of interest had not been disclosed.

In challenging the judgment, however, Seretse focuses on several phrases used by the court.

The complaint cites a passage in which Cameron wrote that a reader of Seretse’s correspondence could infer that he had ‘a sticky finger in the deal (indeed, many sticky fingers).’ It also points to references to ‘a monstrous heist’ and ‘the whiff of fraud that strongly lingers’.

According to the complaint, such language amounted to ‘exceptional personalised condemnation’ of a litigant whose alleged misconduct had not been tested through a full trial.

Seretse argues that the issue is particularly significant because the Khulaco matter concerned summary judgment proceedings. He notes in the complaint that there was no oral evidence, discovery process or cross-examination of allegations relating to fraud, collusion, fiduciary breach and corporate alter ego.

Beyond the language used in the judgments, the complaint raises concern about Cameron’s participation in the 2026 appeal. Seretse asks the JSC to investigate the circumstances under which the judge, who ordinarily resides outside Botswana, was assigned to the panel that heard the Khulaco appeal after having authored the earlier 2024 judgment involving him. The complaint requests that the JSC obtain the full records of both Court of Appeal matters, compare the language used by Cameron with that contained in the original High Court judgments and investigate whether a reasonable observer could question the appearance of impartiality arising from the repeated use of similar language across related NPF cases.

Air Botswana’s financial troubles extend beyond grounded aircraft and cancelled flights. The state-owned airline is now years behind in publishing audited financial statements, raising fresh questions about transparency at a company that has spent hundreds of millions of pula on fleet renewal while continuing to post operating losses.

Last week Parliament learnt that the state-owned airline’s latest audited accounts are still for the 2021/22 financial year. The disclosure came in response to a parliamentary question from Serowe South MP Leepetswe Lesedi, exposing a growing accountability gap at a time when the national carrier is grappling with operational and financial challenges.

According to the Minister of Transport and Infrastructure, the audit backlog arose after Air Botswana switched external auditors from Ernst and Young to KPMG. The ministry said the transition and the time required for new auditors to complete their inaugural engagement delayed publication of the accounts.

While the 2022/23 financial statements have been completed and are awaiting board approval, the 2023/24 audit is still in progress, leaving Parliament, taxpayers and potential investors without independently verified financial information covering recent years.

The delayed audits coincide with one of the airline’s biggest capital investment programmes. Over the past five years, Air Botswana has spent P355.5 million acquiring new aircraft and related fleet costs, including two Embraer ERJ145s and one Embraer E175, as part of a strategy to improve operational reliability and modernise its fleet.

However, government acknowledged that the investment has yet to deliver the expected financial returns. The airline continues to record operating losses, with the minister attributing the poor performance to aircraft groundings, maintenance delays, global supply chain disruptions, rising operating costs and the aviation sector’s slow post-pandemic recovery.

The new employment act, otherwise known as the Labour Relations Act, is very big on protecting employees’ rights and there is nothing wrong with that. In the process, however, it ignores the price mechanism. It puts ideology over economics and wilfully ignores the fact that labour as an input has a price. As a result, it therefore does little to promote investment and job creation.

You would think that in a country which suffers from chronic unemployment, especially among the youth, we would have a flexible labour market. But the new act does no such thing. Its main thrust is to protect employees, which though emotionally appealing is dangerous for the broader economy.

It also sends the wrong signal that Botswana is not a destination conducive to investment, given the now-rigid labour law.

You know, policymakers are not really focused on economic growth and productivity when they begin to think that there is something intrinsically evil about fixed-term contracts. In their archaic worldview, there is a cap on fixed-term contracts. It is as if people should be on this government-style, permanent, and pensionable stuff.

If you do away with fixed-term contracts, how then do employers hold employees to perform? And the most effective way of doing that is through fixed-term contracts with clear goals and deliverables at the end of which the parties can decide to renew the contract if the deliverables have been met. If not, then the parties can go their separate ways.

And if you lock down employers into permanent contracts, you make it exceedingly difficult for them to restructure. You shackle them and make it difficult to be nimble and agile in how they run their businesses. So by placing a cap on fixed-term contracts, you are introducing an employment risk.

Because the Act makes it difficult to let go of employees, employers become hesitant in their hiring decisions. When that happens, it is the job seekers who bear the brunt of such decisions.

One of the traps that the Employment Act lays for employers is with respect to the documents that need to be submitted to government and unions in the case of layoffs. If a butchery in Bontleng, for example, seeks to lay off workers for whatever commercial reason, such an enterprise must submit annual audited financial statements, a budget, and some bizarre document called a fiscal and costing model. To date, no one has been able to describe what a costing model looks like. The worrisome fact, though, is that if a company cannot submit such a model, it would violate the law.

And these requirements are misplaced. They are based on a misplaced notion that a company that turns a profit must not manage its costs by laying off workers as a part of restructuring. This is an unnecessary trap because it also discourages investment and hiring.

If companies know that once they employ people, it will be difficult to let them go, they will hire fewer. So we have to be careful about this ideological shift in employment law.

The other trap of the Employment Act is that its coverage is wide from big formal enterprises to the informal sector. So the provisions of this law would apply to a small business which as we all know, keeps neither audited accounts nor budgets. So the law effectively criminalises everyone. And that should not be the effect of any law. It is strange that we wish to go through such unintended consequences especially for the unemployed.

Botswana is facing a massive development financing gap of about P82.5 billion as available financing falls far short of the resources required to fund the country’s development ambitions. This is revealed by the African Development Bank Group’s Country Focus Report 2026-Botswana.

The report estimates that Botswana’s financing needs reached US$6.4 billion (about P85.1 billion) between 2021 and 2025 while financing flows averaged only US$217.2 million (about P2.9 billion) a year over the same period.

This created a cumulative financing gap of approximately US$6.2 billion (about P82.5 billion).

The AfDB says closing the gap will require Botswana to mobilise capital on a much larger scale if it is to sustain economic growth, diversify the economy and create jobs.

‘Mobilizing capital at scale is imperative for the country’s sustained growth, accelerated structural transformation and large-scale job creation,’ the report states.

The report shows that the development financing challenge comes as Botswana faces declining diamond revenues and increasing pressure on public finances.

According to the report, Botswana’s total domestic fiscal revenue declined from US$6.2 billion (about P82.5 billion) in 2021 to US$5.0 billion (about P66.5 billion) as economic growth weakened and global diamond prices fell. At the same time, the revenue-to-GDP ratio dropped from 31.4 percent to 24.9 percent.

The AfDB warns that Botswana’s traditional dependence on mineral revenues is becoming increasingly risky.

‘Declining diamond revenues, rising expenditure pressures, and constrained fiscal space have ramped up the need for more diversified and sustainable financing sources,’ the report says.

The bank argues that Botswana must broaden its tax base, strengthen tax administration and embrace digitalisation to increase domestic revenue.

It also calls for stronger public financial management, better expenditure efficiency and strategic borrowing.

The report raises concerns about weaknesses in public investment management including poor project selection, implementation delays and capacity constraints.

It says such weaknesses can result in delays and cost overruns, reducing the economic impact of government spending.

‘Improving public investment management could raise growth without proportionately increasing spending,’ the AfDB says.

The bank argues that better project preparation, procurement, expenditure tracking and transparency could ensure that public money produces stronger economic and social returns.

The report also says the private sector and domestic capital markets as important sources of long-term development financing.

It says Botswana should strengthen partnerships with development finance institutions and private investors to finance infrastructure, economic diversification and climate-resilient development.

The AfDB also sees Botswana’s diaspora as an underused source of development capital.

Botswana received US$128.3 million (about P1.7 billion) in remittances in 2024, representing a 110 percent increase from 2021.The report says Botswana could channel more diaspora savings into productive investment through instruments such as diaspora bonds and dedicated investment funds.

It argues that the challenge is not simply the size of the diaspora, but the absence of suitable financial instruments and incentives.’Botswana can strengthen its approach by developing a formal diaspora policy, enhancing financial infrastructure, and introducing instruments such as diaspora bonds or dedicated investment funds,’ the report says.

By 2038, Botswana’s population is projected to reach nearly 3 million people while the country becomes more urban, older and increasingly concentrated around its major economic centres.

The country is on course to have a population of 2,954,519 people by 2038, according to new projections by Statistics Botswana. This marks a substantial increase from the 2,359,609 people recorded in the 2022 Population and Housing Census.

The projections, contained in Botswana Population Projections 2022-2038, put the country’s average annual population growth at 1.4% under the medium variant, which Statistics Botswana identifies as the most likely scenario and the official baseline for planning.

The projected increase will, however, come alongside a profound demographic shift. Botswana will not simply have more people; its population will also be older and increasingly urban.

By 2038, the proportion of people aged between 0 and 14 is expected to fall from 31.3% in 2023 to 25.8%, while those aged 65 and above will increase from 5.5% to 6.6%. The working-age population is projected to account for 67.6% of the population, creating the possibility of a demographic dividend if the economy can generate sufficient jobs and opportunities.

The median age is expected to rise from 26 years in 2023 to 29 years in 2038, reflecting falling fertility and improved survival. The dependency ratio will also decline from 0.58 to 0.48, meaning fewer children and elderly people will depend on each working-age person.

At the same time, Botswana will become significantly more urban. The share of the population living in urban areas is projected to rise from 70.4% in 2023 to 76% by 2038.

The growth will be particularly pronounced around Gaborone and surrounding districts, as well as Palapye, Mahalapye, Serowe, Tonota, Tutume and Francistown. Statistics Botswana warns that these areas will face increasing pressure on housing, transport, infrastructure and environmental resources.

The demographic transformation will also be visible in Botswana’s birth rates. The total fertility rate is projected to decline from 2.86 children per woman in 2023 to 2.20 by 2038, while annual births are expected to fall from 55,850 to 49,415.

Yet people are expected to live longer. Total life expectancy is projected to increase from 68.9 years in 2023 to 74.7 years in 2038, with female life expectancy reaching 77.1 years and male life expectancy 72.1 years.

The population growth will also be unevenly distributed. Mogoditshane, Okavango, Tonota, Tutume, Boteti, Letlhakeng and Mahalapye are among the areas projected to grow fastest. By contrast, Tsabong, Hukuntsi, Charles Hill, Ghanzi/CKGR, Chobe and Sowa Town are expected to experience slower growth and faster ageing.

Businessman Bakang Seretse wants certain key members of Judicial Service Commission (JSC) left out in the determination of his official complaint against justice Edwin Cameron.

In the complaint submitted to Chief Justice Gaopalelwe Ketlogetswe, Seretse has asked that both Attorney General Dick Bayford and Court of Appeal President Justice Tebogo Tau recuse themselves from any consideration of the case, arguing that their involvement would create an appearance of conflict of interest.

The complaint arises from two Court of Appeal judgments authored by Cameron in litigation involving Seretse and his companies. Seretse alleges that the judgments demonstrate apparent prejudgment, unequal application of legal standards and repeated use of personalised judicial language.

But beyond the allegations against Cameron, the complaint raises a potentially sensitive institutional question: who should be permitted to sit in judgment of the complaint itself?

Under the constitutional framework, the Attorney General ordinarily serves as a member of the Judicial Service Commission. However, Seretse argues that the Attorney General’s office was directly involved in one of the disputes that forms the basis of the complaint.

According to the complaint, the underlying litigation involved government legal interests represented by the Directorate of Public Prosecutions in one matter and the Attorney General’s Chambers in another. In the Khulaco appeal, the Attorney General was a named litigant through his constitutional office and government lawyers advanced the state’s case before the Court of Appeal.

Seretse argues that these circumstances create a direct institutional conflict.

‘The Complainants therefore respectfully request that the Attorney General, Mr Dick Bayford, take no part in the JSC’s consideration, deliberation or decision on this complaint,’ the filing states. The complaint further asks the commission to formally determine the question of Bayford’s recusal before considering the substance of the allegations against Cameron.

A similar request has been made regarding Justice Tebogo Tau. Tau, who serves as President of the Court of Appeal and is also a member of the JSC, sat on the three-judge panel that delivered the July 2026 judgment in the Khulaco matter. The judgment, authored by Cameron, forms a central part of Seretse’s complaint. Seretse argues that because Tau concurred in the judgment under scrutiny, it would be inappropriate for her to participate in deliberations concerning allegations arising from the same proceedings.

‘The Complainants respectfully consider it appropriate that Justice Tau take no part in the JSC’s consideration, deliberation or determination of the complaint,’ the filing states.