Directorate of Intelligence and Security Services (DIS) onetime Queen, Wilhelminah ‘Butterfly’ Maswabi, is languishing in jail after she was denied bail by the Gaborone High Court. The State has advanced arguments that she is a high flight risk and her covert training as a DIS Operative puts her at an advantage to temper with evidence and scupper the case.
Maswabi is facing three criminal charges of financing terrorism, possession of unexplained property and false declaration for passports. On Financing Terrorism, this is a charge which on its own carries life imprisonment which the State prosecutors say could be a motivating factor for one not to stand trial and flee the jurisdiction which will delay the proceedings and evidence against her to be compromised.
The state, represented by Priscilla Israel, told the court that carrying different passports was a clear indication of abuse power of which she carried diplomatic passports which allowed her easy access. “If granted bail and before the money is frozen and or restrained there is high likelihood that she will temper with the State's evidence and endeavour to recover the syphoned money that we believe belongs the State,” Israel explained.
According to the State, “There is reasonable evidence that the applicant is likely to be convicted on all the charges filed against her.” Maswabi is accused of holding US390 million in her personal account and that she has at some point transferred P29 million to former DIS Director General, Isaac Kgosi. The transfer occurred shortly after Kgosi had made remarks that he will “topple this Government”, when he was arrested at the Sir Seretse Khama International Airport.
During the bail hearing, the prosecution pleaded with the judge do a balancing exercise between the interest of the individuals and those of the prosecution and the public in general. “If the applicant is granted bail the state and the public in general will be prejudiced in that, the applicant is trained to counter, to infiltrate and intercept in dealing with computer related activities.” In the DPP view, “taking all the factors into consideration – that is the seriousness of the offences charged coupled with their sentences this is a high motivation for one to flee the course of justice.”
“Furthermore, the integrity of evidence and money syphoned from the State accounts, we humbly submit that the public interest outweighs the interest of an individual, therefore, we pray that the application before this honourable court is without merits and the public interest should be taken into consideration and the application be dismissed.” Offering emphasis on why ‘Butterfly’ is a high flight risk and may temper with evidence, the DPP said she is an employee of the Directorate of Intelligence and Security Services and she has been trained as a covert officer which includes among other things interception, hacking and any operations in the cyber space.
The DPP argued that it is in the interest of justice that Maswabi be remanded in custody pending the completion of the case. “Furthermore, it is believed that the applicant is co-conspirator in the syphoning of the Government funds, the matter which is still under investigation and it is believed that she has access to the offs h ore accounts which our primary investigations are believed to have been linked to the money syphoned from the Government funds.”
The DPP made claims that Maswabi “is believed to be a long-time girlfriend of a Mr Isaac Seabelo Kgosi who is a fugitive of justice, and his who his whereabouts are still unknown to the State and there is evidence that the Ap p licant knows where Mr Kgosi is as she has transferred money to him on several occasions.”
The 46-year-old former spy agent shuddered the court when the Directorate of Public Prosecution revealed that she has a lump sum of U$390 million in her personal account. She has travelled to 18 European countries, 17 African Countries, 5 Asian countries and 13 Indonesian countries. “Butterfly” has over 5 passports in her name of which 4 were returned because they were full.
Butterfly is also alleged to be the signatory to the accounts that were used to transfer money some of which was in the sum of P48 million. Israel revealed to the court that the USD 48 million that went into that account was transferred to four different accounts of which two of the accounts the applicant is a signatory to. The two companies are alleged to have 17 different accounts which have 10 billion pula. She further clarified that these are offshore accounts.
THE STATE IS BLUFFING – MASWABI
In their heads of submission, Mack emphasized that the State should provide evidence, if they have any against the accused. He dismissed that the courts cannot be dwelling on cases on suspicion instead of facts. “We demand to see a statement [affidavit] from Bank of Botswana to confirm that an account was created and to ensure that indeed they do exist. No signatures reflect on the documents they claim to have, so how do they tell the courts that the owner of the signatures is the accused,” Mack said.
Mack elaborated that they have no knowledge of which account holds the alleged U$2.9 million, neither do they know who the holder of the account is because the state has not brought any evidence before them. “There is no proof that the Applicant is a signatory to 17 bank accounts as suggested by the State and where bank accounts are. There is no proof that the Applicant was involved in any of the alleged transactions as depicted in Annexures E, D and X. In fact, the said documents are highly suspicious as they do not show their origin, author and they are not signed,” he said.
The applicant’s attorney also made the courts aware that despite her arrest there is no evidence from the South African immigration dealing with alleged pseudo passports. Mack said the second leg deals with the Application for bail in terms of the Criminal Procedure and Evidence Act, in particular, Section 113 as read with Section 114 – The likelihood of the accused not standing trial; The accused interfering with investigations; or The proper administration of justice.
According to Mack if there is no likelihood of the accused failing to stand trial or interfering with investigation, then they must be admitted on bail. “The onus is on the State, if it opposes the granting of bail, to prove on a balance of probabilities that, either the accused is a flight risk or will interfere with investigations. Cogent evidence and not mere suspicion is required to convince the Court that one should not be released on bail,” he said.
Mack said in the present case, no evidence, has been provided by the State that the Applicant is actually a flight risk or that she will interfere with investigations. He admitted that at least one charge is serious, being the charge pertaining to Financing Terrorism. However he said what is critical at this stage is what evidence has been led to support the charges. He further observed that it is common cause that at this stage, the evidence placed before the Court in this regard would merely need to be prima facie and not necessarily conclusive.
“As regards the possible prejudice that the State would suffer if the Applicant is granted bail, it is submitted that none exists. If it does, it has not been set out. All that has been stated is that the Applicant will access money by means of cyber but no connection has been proved between the Applicant and any money or any bank account,” said Mack. He said Maswabi is a Motswana and the evidence led by the State does not suggest that she holds any foreign passport. “The evidence does not suggest that the Applicant is in possession of more than one valid passport.”
As the preparations for the Botswana Democratic Party (BDP) congress are about to kick off, reports on the ground suggest that the party’s Deputy Treasurer Jackdish Shah will not defend the position in August as he contemplates relocation.
According to sources, the businessman who joined the BDP Central Committee in 2015 at the 36th Congress held in Mmadinare is ready to leave the party’s politburo. It is said he long made up his mind not to defend the position last year. A prominent businessman, Shah, when he won the position to assist Satar Dada in 2015 was expected to improve the party’s financial vibrancy. By then the party was under the leadership of Ian Khama.
According to close sources, Shah long decided not to contest because he has fallen out of favour with the party leadership. It is said he took the decision after some prominent businessmen who are BDP members and part of football syndicate decided to push him out and they used their proximity to President Mokgweetsi Masisi to badmouth him hence the decision.
“The fight at the Botswana Football Association (BFA) and Botswana Football League (BFL) has left him alone in the desert and some faces there used their close access to the President to isolate him,” said a source. Media reports say, Shah does not see eye to eye with BFA President MacLean Letshwiti who is also Masisi’s buddy hence the decision.
BFL Chairman Nicholas Zackhem is said to be not in good terms with Shah, who at one point Chaired the then Botswana Premier League (BPL). “He is seriously considering quitting because of what is unfolding at the team (Township Rollers) which is slowly not making financial gains and might be relegated and he wants to sell while it is still worth the investment,” said a highly placed source.
Shah is a renowned businessman who runs internet providing company Zebra net, H &G, game farm in Kasane, cattle farm in Ghanzi region and lot of properties in Gaborone. He also has two hotels in USA, his advisors have given him thumbs up on the possible decision of relocating provided he does not sell some of the investments that are doing well.
Asked about whether he will be contesting Shah could not confirm nor deny the reports. It is said for now it is too early as a public decision will have to be taken after the national council meeting and prior to the national congress. “As a BDP Central Committee member he cannot make that announcement now,” a BDP source said.
BDP is expected to assemble for the National Council during the July holidays while the National Congress is billed for August. It is then that the party will elect a new CC members. The last time BDP held elective congress was at Kang in 2019. The party is yet to issue writ.
The government has failed to implement some commitments and agreements that it had entered into with unions to improve conditions of public servants.
Three years after the government and public made commitments aimed at improving conditions of work and services it has emerged that the government has ignored and failed to implement all commitments on conditions of service emanating from the 2019 round of negotiations.
In its position paper that saw public service salaries being increased by 5%, the government the government has also signalled its intention to renege on some of the commitments it had made. “Government aspires to look into all outstanding issues contained in the Labour Agreement signed between the Employer and recognised Trade Union on the 27th August 2019 and that it be reviewed, revised and delinked by both Parties with a view to agree on those whose implementation that can be realistically executed during the financial years 2022/23, 2023/24 and 2024/25 respectively,” the government said.
Furthermore, in addition to reviewing, revising and de-linking of the outstanding issues contained in the Collective Labour Agreement alluded to above and taking on a progressive proposal, government desires to review revise, develop and implement human resource policies as listed below during the financial year 2022/23,2023/24,2024/25
They include selection and appointment policy, learning and development policy, transfer guidelines, conditions of service, permanent and pensionable, temporary and part time, Foreign Service, expatriate and disciplinary procedures.
In their proposal paper, the unions which had proposed an 11 percent salary increase but eventually settled for 5% percent indicated that the government has not, and without explanation, acted on some of the key commitments from the 2019/2020 and 2021/22 round of negotiations. The essential elements of these commitments include among others the remuneration Policy for the Public Service.
The paper states that a Remuneration Policy will be developed to inform decision making on remuneration in the Public Service. It is envisaged that consultations between the government and relevant key stakeholders on the policy was to start on 1st September 2019, and the development of the policy should be concluded by 30th June 2020.
The public sector unions said the Remuneration Policy is yet to be developed. The Cooperating Unions suggested that the process should commence without delay and that it should be as participatory as it was originally conceived. Another agreement relate to Medical Aid Contribution for employees on salary Grades A and B.
The employer contribution towards medical aid for employees on salary Grades A and B will be increased from 50% to 80% for the Standard Option of the Botswana Public “Officers’ Medical Aid Scheme effective 1st October 2019; the cooperating unions insist that, in fulfilling this commitment, there should be no discrimination between those on the high benefit and those on the medium benefit plan,” the unions proposal paper says.
Another agreement involves the standardisation of gratuities across the Public Service. “Gratuities for all employees on fixed term contracts of 12 months but not exceeding 5 years, including former Industrial class employees be standardized at 30% across the Public Service in order to remove the existing inequalities and secure long-term financial security for Public Service Employees at lower grades with immediate effect,” the paper states.
The other agreement signed by the public sector unions and the government was the development of fan-shaped Salary Structure. The paper says the Public Service will adopt a best practice fan-shaped and overlapping structure, with modification to suit the Botswana context. The Parties (government and unions) to this agreement will jointly agree on the ranges of salary grades to allow for employees’ progression without a promotion to the available position on the next management level.
“The fan-shaped structure is envisaged to be in place by 1st June 2020, to enable factoring into the budgetary cycle for the financial year 2021/22,” the unions’ proposal paper states. It says the following steps are critical, capacity building of key stakeholders (September – December 2019), commission remuneration market survey (3 months from September to November 2019), design of the fan-shaped structure (2 to 3 months from January to March2020) and consultations with all key stakeholders (March to April 2020).
The unions and government had also signed an agreement on performance management and development: A rigorous performance management and reward system based on a 5-point rating system will be adopted as an integral part of the operationalization of the new Remuneration System.
Performance Management and Development (PMD) will be used to reward workers based on performance. The review of the Performance Management System was to be undertaken in order to close the gaps identified by PEMANDU and other previous reports on PMS between 1st September 2019 and 30th June 2020 as follows; internal process to update and revise the current Performance Management System by January 2020.
A job evaluation exercise in the Public Service will also be undertaken to among others establish internal equity, and will also cover the grading of all supervisory positions within the Public Service. Another agreement included overtime Management. The Directorate of Public Service Management (DPSM) was to facilitate the conclusion of consultations on management of overtime, including consideration of the Overtime Management Task Team’s report on the same by 30th November 2019.
A public health expert, Dr Edward Maganu who is also the former Permanent Secretary in the Ministry of Health has said that unlike many who are expressing shock at the population census growth decline results, he is not, because the 2022 results represents his expectations.
He rushed to dismiss the position by Statistics Botswana in which thy partly attributes the low growth rates to mortality rates for the past ten years. “I don’t think there is any undercounting. I also don’t think death rates have much to do with it since the excessive deaths from HIV/AIDS have been controlled by ARVs and our life expectancy isn’t lower than it was in the 1990s,” he said in an interview with this publication post the release of the results.
Preliminary results released by Statistics Botswana this week indicated that Botswana’s population is now estimated to be 2,346,179 – a figure that the state owned data agency expressed worry over saying it’s below their projected growth. The general decline in the population growth rate is attributed to ‘fertility’ and ‘mortality’ rates that the country registered on the past ten years since the last census in 2011.
Maganu explained that with an enlightened or educated society and the country’s total fertility rate, there was no way the country’s population census was going to match the previous growth rates. “The results of the census make sense and is exactly what I expected. Our Total Fertility Rate ( the average number of children born to a woman) is now around 2.
This is what happens as society develops and educates its women. The enlightened women don’t want to bear many children, they want to work and earn a living, have free time, and give their few children good care. So, there is no under- counting. Census procedures are standard so that results are comparable between countries.
That is why the UN is involved through UNFPA, the UN Agency responsible for population matters,” said Maganu who is also the former adviser to the World Health Organisation. Maganu ruled out undercounting concerns, “I see a lot of Batswana are worried about the census results. Above is what I have always stated.”
Given the disadvantages that accompany low population for countries, some have suggested that perhaps a time has come for the government to consider population growth policies or incentives, suggestions Maganu deems ineffective.
“It has never worked anywhere. The number of children born to a woman are a very private decision of the woman and the husband in an enlightened society. And as I indicated, the more the women of a society get educated, the higher the tendency to have fewer children. All developed countries have a problem of zero population growth or even negative growth.
The replacement level is regarded as 2 children per woman; once the fertility level falls below that, then the population stops growing. That’s why developed countries are depending so much on immigration,” he said.
According to him, a lot of developing countries that are educating their women are heading there, including ourselves-Botswana. “Countries that have had a policy of encouraging women to have more children have failed dismally. A good example is some countries of Eastern Europe (Romania is a good example) that wanted to grow their populations by rewarding women who had more children. It didn’t work. The number of children is a very private matter,” said Maganu
For those who may be worried about the impact of problems associated with low growth rate, Maganu said: “The challenge is to develop society so that it can take care of its dependency ratio, the children and the aged. In developed countries the ratio of people over 60 years is now more than 20%, ours is still less than 10%.”
The preliminary results show that Mogoditshane with (88,098) is now the biggest village in the country with Maun coming second (85,293) and Molepolole at third position with 74,719. Population growth is associated with many economic advantages because more people leads to greater human capital, higher economic growth, economies of scale, the efficiency of higher population density and the improved demographic structure of society, among many others.