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New Immigration Policy, business reforms take shape

President Mokgweetsi Masisi has announced plans to introduce more reforms aimed at improving the ease of doing business in Botswana, with immigration being indicated as a key component of the reforms.

Delivering his second State of Nation Address since taking office, Masisi, who has already began some reforms, said his Government will continuously improve the business environment and competitiveness of enterprises through close monitoring and evaluation of all processes and procedures, as well as the regulatory framework with a view to remove impediments.

“To facilitate the ease of doing business in the country, Government is reviewing both the Immigration Act to make sure that it effectively enables the employment of non-citizens and the Point Based System is to make the assessment of work permit applications fair, objective and more transparent,” Masisi said.  “The automation of the work permit process will be carried out to improve the turn-around time for the processing of applications.”

Masisi said Government is in the process of developing a secure and integrated system that will interface the business sector with the immigration and civil registration systems to ensure service efficiency by Government. “This will be achieved through facilitation of online services especially for critical functions such as VISA applications, the processing of Work and Residence Permits and the development of the Electronic Identity Document,” he said.

The task of facilitating friendly Immigration Policies will be spearheaded by the new Minister of Nationality, Immigration and Gender Affairs, Anna Mokgethi.  “When I took Office, I promised to create jobs and this cannot be achieved without rolling out the red carpet for sustainable and impactful investment. We are challenged by our market size as an economy, therefore we must come up with deliberate interventions to promote export oriented businesses which will be achieved through the Botswana Export Development Programme (BEDP), the Special Economic Zones (SEZ’s) and regional integration,” he said.

Masisi indicated that as part of his Government’s efforts, the Online Business Registration (OBRS), which went live in June this year, has resulted in the reduction of the Starting-a-Business Indicator processes from nine to seven days, as it has combined name reservation, declaration and registration to become a single service. The OBRS, according to Masisi, has also reduced the average turn-around time for companies and business name registration as well as the Starting-a-Business sub-indicator from an average of five days to one day and from Forty eight (48) days to thirty seven (37) days, respectively.

The integration of the OBRS with other systems such as that of the Botswana Unified Revenue Service (BURS), the Civil and National Registration system and the Public Procurement and Asset Disposal Board (PPADB) has been completed and is operational, Masisi stated.
Government is also in the process of amending the Environmental Impact Assessment Act and its Regulations with a view to reducing the turn-around time for evaluating the Environmental Impact Assessment (EIA) project documents.

Masisi said the review of the EIA legislative instruments has taken long due to the consultative and technically complex nature of the process, but it is anticipated that this will be concluded during the current financial year. “To further improve starting a business, Government has enacted both the Trade and Industrial Development Amendment Acts, which will go a long way in reducing the number of days for starting a business in Botswana from 48 to 13 days,” he said.

“This has enabled Government to do away with licensing of businesses that do not have health and safety risks. The licenses will now be issued over the counter thus enhancing the country’s performance in the country’s Competiveness Index.” The Industrial Policy of 2014 will also be reviewed, supposedly to align it with the aspirations of both the National Vision 2036, as well as the dictates of the Fourth Industrial Revolution.

Government has also reviewed the land policy that will facilitate citizens to use their land productively by enabling a mixed use of land approach. This is meant to empower Batswana and the guidelines pertaining to this policy have been distributed to members of the public approach.

How problematic was immigration?

During his first press conference soon after taking office, Masisi indicated his desire to transform the Immigration Policy and make it an “enabler” as opposed to “frustrator” as it was the case during his predecessor’s administration. The sentiments that Botswana’s migration was a hindrance to investment were shared by a state owned entity, Botswana Investments and Trade Centre’s (BITC), which has been mandated with promoting foreign direct investments and export promotion of locally manufactured goods.

 In 2016, then Chief Executive Officer (CEO) of BITC, Letsebe Sejoe, when appearing before the Parliamentary Committee on Statutory Bodies and Public Enterprises, revealed that foreign investors were still finding it hard to pick Botswana as an ultimate place to do business because of the complications associated with running businesses in the country.

Sejoe, who has since left BITC under a cloud of controversy, told the committee that Botswana is entirely opposite to what it has the world perceiving it as. He listed Permits and VISAs as the biggest challenge facing investors as he noted that delays in issuing the two frustrates inventors who end up going to other countries such as Rwanda, which has built a more conducive environment for investors. The issue of permits and VISAs was then, reportedly handled by the Directorate on Intelligence and Security Services (DIS), which had unlimited discretion on who is accepted or rejected.

The parliament committee also heard that there was no turn-around time agreed on, and that the premises and VISAs could be rejected without explanation. Sejoe said part of solving the problem was to create a legal framework or policy which will guide certain procedures needed to facilitate business for companies lured by BITC to do business in Botswana.

“For instance, in countries like Mauritius, they have what they call silent means approval. If a permit is supposed to be processed within 24 hours and there is no response after that time, the applicant has the right to go ahead because lack of response shows no objection,” he said.  “Government does not appreciate the enormous impact foreign direct investment can make in the country’s economy. We have this attitude of treating everyone the same. There is also lack of appreciation of frustration experienced by these investors,” Sejoe told the committee.

Sejoe said not only were new investors facing problems of permits, but that foreign owned companies, some of which have employed hundreds of citizens, were facing the same problem when they want to renew their permits. “Botswana is not an open economy like we say we are to the world. There are people who have been doing business in Botswana for over 30 years and Government rejected their application for citizenship over the period and all of a sudden they were told to go,” he said.

“Investors are cagey on this. Some who are already doing business in Botswana are sceptical about expanding their business because their future in Botswana is uncertain. Investors need certainty and some level of predictability,” he further advised. The Immigration Policy was central to frustration of many sectors including tourism, which is Botswana’s second highest revenue earner after minerals. The tourism industry has also been hit hard as rejection of VISAs for tourists who wanted to visit the country went high.

According to Ministry of Environment, Natural Resource Conservation and Tourism, the number of tourists visiting Botswana has been declining in recent years. In 2015, another Public Accounts Committee (PAC), was told that for the financial year ending March 2015, Botswana lost P4 billion worth of investment, as investors who could not secure businesses in Botswana shifted their focus elsewhere. There was concern that Botswana was quickly earning a bad name for its self as its image as a friendly and welcoming nation had started to fade away.

Indications were that countries like India, and China, who are one of the biggest investors in Botswana’s economy, were rejected in recent years, compelling them to look elsewhere. DIS’s involvement in VISA process saw even accounting officers at Immigration being left in the dark as to why some foreign nationals were placed on VISA restriction, contrary to the agreement between their countries and Botswana.

Countries like South Africa, United States, and United Kingdom have a diplomatic agreement with Botswana that their nationals do not require VISAs to visit Botswana.Notwithstanding that, the department of Immigration has placed some citizens from these countries on VISA restrictions and those nationals have on several occasions been denied entry into Botswana.

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Details emerge in suspected Batswana poachers in Namibia

28th June 2022
suspected Motswana poacher arrested

New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.

The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.

It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong.  According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.

Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.

“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.

According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”

He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.

“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.

Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.

“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.

Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.

“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.

Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”

He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.

He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”

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Gov’t, Unions clash over accommodation

28th June 2022
accomodation

The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.

This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.

A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”

“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.

“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.

According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.

The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.

The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation.
The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).

Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.

The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.

“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”

The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”

“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.

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BPF NEC probes Serowe squabbles

28th June 2022
BPF

Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.

In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.

Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.

BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.

As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.

“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.

Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.

“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.

This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.

“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.

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