Friday, December 27, 2024

Reports emerge about Sean Tembo’s professional misconduct in a Public Tender Case in Botswana

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Patriots for Economic Progress (PeP) President Sean Tembo
Patriots for Economic Progress (PeP) President Sean Tembo

Reports have emerged about Opposition Alliance Spokesperson and Patriots for Economic Progress (PeP) President Sean Tembo’s professional misconduct in the public Tender for the Development of a National Framework for Alcohol and Substance Abuse in Botswana. According to the reports, backed by a full Botswana High Court Judgement, Mr Tembo was found to have lied about his qualifications and experience. The Court also found that Mr Tembo was given advance payment by the Government of Botswana for the sole purpose of data collection and that the money was not used for the purpose intended.

The court also found that Mr Tembo lied about the final report he produced. Mr Tembo claimed that the report was  a product of scholarly joint effort by named behavioral experts when in fact the report  a sole effort by what the court described as an unqualified person namely Sean Tembo.

Below is the Summary of the Judgement:

In _Enosyst Associates (Pty) Limited t/a Enosyst Consulting and Sean Tembo v Professor Keitseope Nthomang_ CVHGB-002065-14, this matter was an action for defamation, before the High Court of Botswana, it being alleged by Sean Tembo and his Consultancy company that the Defendant published certain words considered to be defamatory of his company and himself.

A very critical background to this dispute was the floating of a Tender for the Development of a National Framework for Alcohol and Substance Abuse in Botswana, by the Government of Botswana in or about May 2013. Sean Tembo’s consultancy company acting through him as its Managing Director, put together a Project Team and submitted a tender which was approved by the relevant authorities.

The dispute involved two of the key persons involved in the execution of the projects. The qualifications and experience of the key personnel were a critical component of tender evaluation. Indeed, the bidders were required to submit a Curriculum Vitae of each of the key personnel.

Among the terms of reference for the project, the necessity for evidence based reporting and recommendation was emphasized. The project was to be objectively assessed and also required empirical investigation and data collection. The Defendant’s case was that empirical investigation and data collection were pre-requisites and that his alleged defamatory letter was written in the light of a total disregard of these by Sean Tembo.

Part of the letter written by the Defendant which was the subject of the Defamation claim by Sean Tembo and his Company read as follows:

“…Note that in the proposal that won the tender he [Sean Tembo] presented himself as a Project Field Assistant. In my view this portfolio does not add much value to the execution of this project. Clearly, the man has never conducted any study on alcohol and substance abuse and this is evident in his profile presented in the proposal submitted to the Ministry. Given this reality, his conduct was clearly unprofessional and borders on dishonesty, deceit, fraud and corruption […]. Unprofessional behaviours displayed by ENOSYST managing director cannot be left unchallenged. It is toxic and dangerous and has the potential to get deep-rooted and cause irreversible harm to the consultancy business in Botswana, in particular the project in question. Put differently, if this behavior is allowed to prevail, poor data will be collected by non-professionals with serious legal, policy and programmes implications. The result will be a poorly developed National Framework on Alcohol and Substance Abuse, poorly developed interventions informed by poor quality data and disservice to Batswana.”

The Court made the following findings:

That it cannot be doubted, in the context, that holding out a makeshift report falsely as a product of a joint effort of several subject experts, as Sean Tembo in fact did, especially in a matter of national importance such as the formulation of a National Policy on Alcohol and Substance Abuse is unprofessional and a step short of dishonesty.

That qualification and experience, it was common cause, was not possessed by Sean Tembo or any of his subjects at his Company. The Defendant and other experts came in not as mere employees of Sean Tembo’s Company but as experts in their own right and the inclusion of their names added value to the tender submitted and the output of the project would either make them or tear apart their hard earned professional integrity.

That the Defendant had a right, if not a duty, to defend his name and professional integrity.

The Court was satisfied that the Defendant was better qualified to make professional evaluation of the work being carried out and his claim that the manner in which the project was executed and the reports tendered by Sean Tembo were wanting and fell below the standard of the best international practice. This was not contested in any manner whatsoever.

The Defendant in his long evidence punched many serious holes in the reports submitted by Sean Tembo especially the Final Comprehensive Report. He tested that report against the terms of reference and more specifically on the requirement for empirical data. This criticism took a particularly prominent place as the client ministry officials had themselves faulted the Inception Report initiated by Sean Tembo and his Company on account of its deficiency on the furnishing of empirical data. As it turned out, even the Final Comprehensive Report had the same deficiency. Indeed Sean Tembo conceded that he only collected data in Gaborone and one institution in Lobatse.

The Defendant further went on to demonstrate that no data collection tools were developed. The questionnaire that Sean Tembo attached to his report declaiming that it was a data collection tool developed for the purpose turned out to be a document uplifted from the World Health Organisation, used for a different purpose.

The most grievous part about the absence of investigation and collection of raw data and especially in a manner representative of the different regions of Botswana was twofold. First, what was presented as the basis for policy formulation on alcohol and substance abuse was a misrepresentation of the true state of affairs with high risk of failure of the resultant policy.

Secondly, it was common cause that Sean Tembo was given advance payment by the Government of Botswana for the sole purpose of data collection. It was not in dispute that such money was not used for the purpose intended even though Sean Tembo held out his report as if it was informed by empirical data.

Thirdly, the final report was held out as if it was a product of scholarly joint effort by named behavioral experts when in fact and in truth that was not so but a sole effort by an unqualified person namely Sean Tembo.

The Defendant considered such conduct as stated above to be bordering on dishonesty and unprofessionalism. The Court took the view that that description was too mild as really such conduct was dishonest and most likely amounted to an attempt to obtain by false pretences, if not stealing by conversion, if one had regard to the sum of about P100, 000.00 (one hundred thousand pula) received by Sean Tembo and his Company as advance payment for empirical investigation and data collection, which was not carried out either at all or in a representative manner, let alone at national level as the terms of reference clearly intended.

The critical words attributed to the Defendant were found by the Court to have been true and correct in every respect. The critical words made by the Defendant whose professional integrity was being compromised or at the minimum being put at risk, were not only on point but absolutely necessary as to do otherwise would be interpreted as complicity and not unjustifiable, for he would have been remunerated by Sean Tembo and his Company for the silent conspiracy when no work had been done by him.

By speaking out, the Defendant risked losing the consultancy and a handsome payment and he opted to preserve and shield his conscience and the profession to which he belongs. The Court commended him for that and opined that the nation needed more people like the Defendant.

The Court went further to observe that Sean Tembo and his Company should consider themselves fortunate that the client ministry officials went into hibernation, if at all they saw the contents of the Defendant’s letter. Sean Tembo’s conduct was the kind that required further investigation and even the involvement of law enforcement agencies.

Although Sean Tembo and his Company since submitting the final report, and supposedly their bill, they did not really bother to demand payment for the work. The Court was still of the view that what was done deserved to be investigated to protect the public interest and consultancy services and the Court so recommended to the Permanent Secretary, Ministry of Health (Botswana).

The Court was satisfied that what the Defendant said, even if it was to be said to have been defamatory, it was in the public interest and he had a duty as the lead consultant to tell the truth to the client ministry and further that the communication was absolutely necessary and directed to the relevant persons and therefore privileged. In conclusion, the Court found that any of the alternative defences available to the Defendant would succeed and the plaintiffs’ action would fail. The Plaintiffs’ action was dismissed with costs.

53 COMMENTS

  1. All these “dirty” dig up because Sean said that Ba Edgar might be experiencing mental healthy crisis? I don’t see anything for someone to say that “Sean Tembo is running mad” or when we called for psychiatrists to rush to Kambwili when he shouted at an innocent Indian road worker. We all thought that Kambwili is experiencing mental health crisis, and there now we have by-elections.
    Look at Ba Edgar’s advisors, someone can suspect him of mental issues.

    • Accusing the president of being mentally ill when he ( Sean Tembo) was busy conjuring up research materials from his friends in his head. Who is mentally ill now?!

    • This Tembo guy looks like he has some mental issues and he looks like a Tonga boy masquerading as an easterner

    • So in short Sean Tembo is a scam.
      In full, he is a scam-bug just like corrupt goons and its sham leadership on the other side.
      Personal record matters.

    • Just admit a wrong. Why do you find it easier to attack Edgar Lungu even on issues you no evidence on but you fail to protect self proclaimed righteous people ?

      But anyways , what can we say, it’s difficult to advise anti-government who keep hidding on social media

    • indeed this guy doesn’t look or behave like an easterner at all.he exhibits some southern behavior all the time. he is full of himself, he doesn’t respect anyone and he knows-it all.

    • Sean Tembo got money for empirical investigation and was busy compiling results of an investigation he never carried out! Hakainde was appointed Liquidator for Lima bank and he sold to himself a lima bank house in kabulonga! Does it surprise anyone that they are now in alliance and Tembo is under 5’s spokesperson? Birds of the same feather flock together. And these morons have the guts to criticize their fellow AVIC thief currently squatting at Nkwazi house!

    • THE ZAMBIAN OBSERVER – May 28,2018
      Another Zambian, Sean Tembo, Wanted In Botswana For Stealing
      Sean Enock Tembo leader of PeP used people’s CVs to win a tender for development of a drug abuse national framework for his Enosyst Consultancy Services in Botswana and ran away, Top Secret investigations reveal.
      And Sean Enock Tembo countered sued Professor Nthomang in Gaborone High Court for defamation in 2016 demanding payment of P12 million.
      Sean Enock Tembo just attended one court session of his defamation suit and has since absconded the subsequent sessions and fled Botswana.
      His version is that he didn’t flee Botswana but opted to retire at 35 years to launch a political career.

    • But some ones law licence ws suspended and ws found guilty of stealing from a widow to you it is ok for him to be in leadership a speck in someones eye forgetting the log in urs

    • Just look at people who have question that Lazy man going to Chipata for the weekend…look at where these people are today: Fresher after the jail time he is not himself, another one is in RSA in hospital…Sean will be soon silenced by this coward of a man surrounded by thugs.

  2. #1 Nostradamus, you Trib.als think that you can never be wrong? That is why your trib.al Hacks will dream and hallucinatebbout being a “His Excellency the President” until 2096!! Take it from me, the last thing that Zambians want is a trib.al seated in state house, even as a guest or cleaner or cook!!!

  3. Are you sure Sean Tembo is not a forged name? He behaves like a trib.al to me , his face, manners and mannerisms, language, give him away. Show me his village and Chief in eastern!! Why, even bembas refuse to do chimbuya with him!! If that is not proof enough i don’t know what trib.als will accept!!

  4. We keep saying again and again. These are just hired comendian to downplay and coverup inherent tribalism

    Other than that people like SHOWN have no any other significant value political

  5. The problem here is hh. Look at people he picks.gbm. ck. Pep shown tembo. Siwale.

    As incoming govt you have to prove you are better than ruling party

    Pf is failed project and we want a better alternative.

    Shown Tembo must be extradited to Bots and own up. And he looks like a folena

    Achokela pa munzi pa bani.???

    • Indeed I don’t also agree with some of these characters UPND has been adding to their leadership. We need a clean party for progressive minds not like that other one for the non-thinking.

    • You insult GBM but the man u think is a no body has managed to make it out for himself running big businesses and employing pipo but u with ur education what r u doing

  6. The Botswana boma is even wasting time. They can have him tried; let him play innocent. Nomba nabeve from 2013 what have they been doing? Are they saying up to now they don’t have the framework or policy on kantobo? And yet that is where we go to order ma ciders.

  7. All lies, the only big news here is about the stup!d PFoools chipante pante govt not paying monies for the Kazungula construction, not this hogwash

  8. The chap (Sean Tembo) is a full chap who lacks self introspection. With all that thieving and dishonesty you want to be a president? Shame

  9. What I have come to conclude is that most people who form these small political Parties, do so to hide something. Most of them form political parties become party Presidents and start daring the President so that whatever is done to them, people are misled to think that he is just being persecuted. You will notice most disgruntled chaps take this route to protect themselves. In this case Sean Tembo was running away from his shadow in Botswana.

  10. The facts I can gather from this short article was that Mr Tembo had taken action in the Botswana High Court against a certain professor for defamation (wether the professor was a rival in tender bid is unknown).After an adverse opinion against Mr Tembo,the court dismissed the action with costs.However the client who paid Mr Tembo never complained (wether he was satisfied with the works or was derelict is also unknown).
    Mr.Tembo,please ellucidate.Did you appeal.Did you meet the costs.Did you repay

  11. “To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the ZAMBIAN public.” Don’t kill the messenger, Leave Mr.Tembo alone.

  12. If you dig deep about great talkers, most of them are like empty sacks that cannot stand upright. They have a lot of flies in their ointment in as far as their public life is concerned. Behind their gibberish talks, lies a face of hoodwinks and delusional characters. Calling someone names which you cannot substantiate is a sign of a mind that is myopic and insincere.
    I don’t trust great talkers. Most of them have skeletons in their cupboard which, if divulged, can cause an atomic explosion. We had great liars and jokers in 1991 who pushed the nation in an abyss of poverty and ignorance. I would rather, we have pragmatists, than having jokers and talkers who do not have a spine to lead this nation.

  13. When I start teaching research methods, this is going to be a very good example on data cooking or doctoring

    • Just sit down, what research methods are you going to teach? This was a court case, and you do not know whether the report was published. You are lost!

  14. And people wonder why KK wanted to be the sole leader of our nation? There are out there deranged individuals who would do anything to get to state house. If the PF are looters these guys in the alliance are plunderers in waiting. They know very well that due to the demise of numerous state owned companies, it will take a miracle to create employment for the millions of our suffering youth. But they keep on telling us they will be able to do so, but without telling us how. If they loved this country just a bit they would surely give us hint how this can be done. KK was right to hold onto power without opposition.

  15. Do we Africans even understand what the term EXECELLENCE mean? What so excellence about some leaders having no idea about what to do following cyclone Idai, such that they have to receive donor aid from countries that also experiencing floods, what so excellence about buying a jet when you can’t afford to pay workers on time, what’s so excellence about African leaders?

  16. @Ndanje
    There is nothing more permanent than change.If you fail to solve your current problems,it doesn’t mean your children or your grandchildren will also fail.This habit of wanting to look back will turn you into salt

    • If you read properly you will see that I don’t support wamuyaya. My contention is that people are not aspiring for high office to serve the nation but for ulterior motives. Ask any one of them their priority and 90% will tell you it’s arrest Edgar Lungu and others. I mingle with these people. My support for KK’s stance though not right is that the opposition is only one of the things 1)Bitter against Lungu 2) Their tribe must rule. Nothing else.

  17. The Court observed : Given this reality, Tembo’s conduct was clearly UNPROFESSIONAL AND BORDERS ON DISHONESTY, DECEIT, FRAUD AND CORRUPTION.

    The Court ruled that Sean Tembo (from Mazabuka) had a right, NOT THE RIGHT, if not, a duty to defend his name and professional integrity… WHY HAS TEMBO RUN AWAY?

  18. Our inquiries show that Sin Tembo and Scenery Tembo are from Chipata in Eastern Province, Sean Tembo is from Mazabuka in the Southern part of Zambia.

  19. If we are all children of GOD,why do we insult each other for the sake of some earthly leaders? He who insults the loudest does not make GOD hate everyone… Can we compare Zambia with the Heaven Kingdom to come ………..
    GOD forgives Zambians…………our talk and actions leaves much to desired

  20. Australia will be moving about 2000
    ppeople from part of northern Australia ahead of a powerful cyclone expected to hit Saturday. Associated Press.

    Now this an example of countries with leaders befitting the title of EXECELLENCE. probably the prime minister rides a bicycle when going for work.

    • Receiving part payment ….
      Then Uplifting ,Cooking , doctoring & Conjuring up materials, and then generating a makeshift report . Exposed , then ran back to Zambia with out full PAYMENT.?
      Just go to Botswana & collect your full payment !!@@

  21. There we have it its a wrap! Doctoring data after collecting partial payments….and you want to run which country? Another case is misappropriation of client entrusted funds? Sole William

  22. What’s the relevance of this article to Zambia? Tembo might have defrauded someone in Botswana, but he seems to have paid the penalty. Why is the issue raised here? Does this mean that he’s ruffled someone’s feathers and its quid pro quo? This is very immature. Please, let’s elevate our debates and focus on what’s important. If Sean Tembo wants to stand for public office, bring it up then. I don’t see the point now because he isn’t on the run from Botswana authorities or any other authorities, for that matter. Please grow up!

    • Oh? Are you serious? You cannot enter Canada, USA , Australia etc if you have committed crime in another country. So place of crime doesn’t matter, it’s the crime that matters

  23. There is no peace to the unrepentant wicked like Sean Tembo.

    Sean Tembo shall currently be ‘judged’ by his recent ‘Maketula’ profile of conjuring & doctoring data in Botswana .

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