28th July 2020
Sello Motseta
Former Board Secretary and Legal Advisor of the Botswana Public Officers Pension Fund(BPOPF) Musa Nleya was today chastised by defence lawyers Basimane Bogopa of BOGOPA MANEWE TOBEDZA & CO for failing to advise the former Permanent Secretary to the President, Carter Morupisi that signing any legally binding documentation authorizing the appointment of asset managers CMB was irregular.
He insisted on maintaining this position whilst acknowledging that his role as the secretary was to ensure all rules and bylaws of the organization were adhered to by the BPOPF board during meetings and the implementation of board decisions. The secretary also agreed that he was also in charge of all of the records and documentation for the organization.
Nleya maintained that he did not advise Morupisi against signing any documentation giving effect to any resolution of the BPOPF Board which was temporarily suspended. Morupisi was at the time Chairman of the Finance and Investment Committee and Nyela was its board secretary.
The Board had conditionally approved the offer for management of pension fund to CMB on condition that both parties successfully completed the legal agreement. On the 11th November 2014 Morupisi unilaterally signed a legal document enabling CMB to proceed with its mandate.
He proceeded to finalize this new business engagement despite fact that his board was dysfunctional.
“He was purporting he be signing of a resolution on behalf of the Fund,” said Musa Nleya.
Morupisi has been charged with three counts of misappropriating about P500 million, from Botswana’s Public Officers Pension Fund(BPOPF) with the support of CMB.
