Opinion By Vusumuzi Gumbo “Black Boy”|The sole ground on which we render them accountable is that being civil servants of the government and thus in a fiduciary relationship to it, in the course of their management or mismanagement entered into transactions in which they utilised their positions and knowledge possessed by them in virtue of their employment and those transactions resulted in a profit to themselves.

The point is not whether their positions and knowledge imposed a duty to them to enter such transactions for the benefit of the government and failed that duty. They mighty not have had that duty, they mighty have entered into the transactions lawfully and in good faith. However, this does not absolve them for accountability for any profit they made because it was by reason and virtue of their fiduciary duty as civil servants that they entered into the transactions.

Liability to account for profit in no way depends on fraud or absence of good faith, the liability arise from the mere fact of a profit having been made. The profiteer, however honest and well intentioned, cannot escape the risk of being called upon to account. It is irrelevant that the government could not have profited had it entered the transactions.

Who on this earth doesn’t know l am fond you Robyn, l am, l am my dear.

The law is an ass, a good ass for sure !

Yours affectionate BB