Connect with us
Advertisement

Masisi slapped with piercing demands

The Botswana Democratic Party (BDP), which has governed this country since independence has retained power under the leadership of Mokgweetsi Masisi, following a bout of rigorous campaign.

However, this time stakes are high and a snooping civil society will watch to see if Masisi can deliver a new dawn as promised prior to the polls. Challenges besieging Botswana have continued to rise over the past ten years, but Masisi has assured the citizenry that he will clean the mess if given fresh mandate. The civil society prior to his inauguration yesterday, advanced a number of issues the President will have to prioritise if he is to take this country to the same level as the Asian Tigers.

There is a lot of optimism from various quarters which mostly emanates from the remarks made by the President in his 18 months in office. Political scientist Professor Teedzani Mpaphi, has told this publication that there will be nothing extra-ordinary, but the country will cut its coat looking at the available cloth.

“It will take time before we can see radical changes, but from Masisi what we expect is a major policy shift that should address a number of issues he was campaigning about prior to elections. There is also a need for the President to draw a road map that will show his priority areas in a chronological order.”

TRADE UNIONS

Workers representatives are also watching with keen interest as to what Masisi will dish for them. For the last ten years under Lt Gen Ian Khama’s presidency, the relationship between unions and government was acrimonious. There was a glimpse of hope when Masisi ascended to the top seat last year as he started engaging them, however, the unions are still not convinced and want to see a plan on how things will improve for the better.

“We are looking for an improved relations with government. It has been better yes, but we are saying we shouldn’t be at the mercy of the President, such that when he wants to see us it’s possible but it is not the same when we want to meet him. There are some ministries which are anti-labour movement and we expect a directive from President for them to engage us as and when [necessary],” BOFEPUSU President Johannes Tshukudu shared some of their expectations from Masisi in the coming five years. 

A recent savingram by the government to freeze any recruitment of vacant positions from October to March 31st next year, due to financial difficulties has left the unions with more questions than answers. “This is a non-starter,” an annoyed Tshukudu quipped and continued; “We should have been consulted. We had an agreement when we made increments and it did not include freezing of filling vacant positions. And like I said, there should be a good relations where we are consulted in most matters and that we believe will happen in the next five years.”   

The Public Service Bargaining Council (PSBC), which Masisi promised to resuscitate but never did, is another issue that irks the union and to a further extent portray Masisi as dishonest and want it to be running very soon. “But this can only happen when we have capacitated and made serious reforms within the Directorate on Public Service Management (DPSM),” advised Tshukudu.

LAWYERS ON CORRUPTION

Masisi, a man who portrayed himself as having zero tolerance for corruption, is also challenged to walk the talk and show seriousness in curbing corruption scourge. “It was his campaign catch phrase and it is there in their manifesto. But to accomplish this you need to have political will. Firstly, the agencies dealing with corruption should have teeth by being granted autonomy. It has long been talked but now Masisi should act,” a private attorney, Mabengano Makgetho posited.

The issue of corruption has become a hot potato of late, this following the P250 million scandal of NPF, with the latest being P4.2 billion found in a personal account of DIS agent, a matter which is currently under court consideration.  “These P4 billion issues are proceeds of crime and for Masisi administration to recover these he should be willing to spend to get the best lawyers across the world and investigate these matters thoroughly because it will take many years since the monies are syphoned to other countries,” Makgetho says.

It is believe that there is selective justice in the way corruption is being tackled, as lawyer Kgosi Ngakaagae bluntly put it; “The government is behaving like a typical mafia state where you hurt the other side by shooting its children. No right thinking citizen should allow the pattern of impunity and scapegoating to continue. Let all people mentioned in any case be in handcuffs,” he said referring to the ‘untouchables’ in these cases.  “The main thing that hinders progress is corruption and you are going to be fighters in elimination of corruption”, Masisi said this to his past cabinet ministers. 


“If anyone among us is corrupt we will deal with them. If you have done something that was not deemed corrupt in the past, now it is, stop it because we will deal with it. Right now there are no drugs at hospitals all these are attributed to corruption. It is not about money only, but rather inefficiency, claiming overtime that you didn’t work, lying that you dispatched tablets to hospital while you did not. The executive is supposed to direct all these and they should be sophisticated in dealing with this. If you are ministers don’t try to be a Permanent Secretary (PS), le nna I mustn’t want to be Permanent Secretary to the President,” Masisi warned passionately.

ON CONSTITUTIONAL REVIEW

The attorneys and political scientist agree that before the end of this year Masisi should have assembled a law reform commission that will be tasked with revision of the constitution. “It has been long overdue and this time around there is no need for peace-meal approach, but rather the whole of the constitution should be overhauled to cater for a number of developments including the direct election of the President,” Professor Mpaphi explained.

On the other hand, lawyer Makgetho is of the view that the revision of the constitution should be priority for Masisi but says it should be accorded time it deservers including conducting referendum. “There should be a plan on how it will be carried out but all stakeholders should be included and play a big role. There is no need to have some tribes claiming to be bigger and better than others. This is hazardous and it is highly likely to divide the nation.”

Masisi prior to the elections, has repeated the need to revise the constitution. “Manifesto is linked to the constitution and we will have a comprehensive constitutional review, that’s the promise you should tell people. But it will be done when given new mandate so that we can argue at length and all the stuff. The review should be orderly and purposeful and from all Batswana.”

DIKGOSI WANT BETTER PACKAGES

With Masisi now on a full mandate, there is an air of optimism within traditional leaders that at long last their lament to have better packages could be nearing the end. This, according to Kgosi Maruje III, should they have improved conditions of services there will be no time for Dikgosi to leave their traditional roles for greener pastures which include occupying political office.

“Our welfare should be improved,” he narrated. “There have been views that we should approach the Office of President on this matter so that we can have improved conditions of services and our powers be improved too. If we have addressed these you won’t see Dikgosi going to politics, because even the parliamentary privileges are better than that of Ntlo Ya Dikgosi. We should equate Dikgosi to other three arms of government.”

Traditional leaders also demand security equivalent to those given to judges as they do the same toil of solving disputes. Private and personal secretaries must also be availed to the leaders to do their job diligently. “We also need diplomatic passports, if you can avail to athletes and MPs why don’t you give Dikgosi the same.” They also say Ministers should not supervise them but the government should establish the Royal council. Not only this but Dikgosi also want all tribes to be recognized and be included in Ntlo Ya Dikgosi to avoid marginalization of some tribes. However, this will only materialize if the constitution has been thoroughly reviewed.

EMPLOYMENT AND LAND

Youth and graduates unemployment is one challenge that Botswana is grappling with and Masisi has been urged and has agreed that he will give it the seriousness it deserves. “Government should be clear as to what sustainable ideas they have for these group to maintain themselves, not these manna from heaven programs, they need to be reviewed too. Remember unemployment is a threat to national stability and tranquillity and it should be prioritized,” Tshukudu believes. The latest statistics show that Botswana has 17.9 percent unemployment rate.

“I know that you have appetite on the number of jobs we would have created in five years. We shied away from doing that, deliberately so. And that doesn’t make our creation of job any lesser. There are lots of variables that come with job creation or committing to such,” Masisi has told his party members. Allocation of land is another area that Masisi is lobbied to push, especially servicing of land and pushing waiting lists.

Continue Reading

News

BONELA speaks on same-sex decriminalization case

18th October 2021
BONELA

In June 2019, a case involving the Attorney General was brought before the High Court, in which the applicant Letsweletse Motshidiemang challenged Sections 164 (a) and 167 of the Penal Code. The applicant contended that these sections are unconstitutional because they violate the fundamental rights of liberty and privacy. 

The applicant argued that these sections violated his right and freedom to liberty as he was subject to abject ignominy. These laws subjected the LGBTIQ community to brutal and debasing treatment through social control and public morality. On the 1st of November 2017, the Botswana High Court further allowed Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) to join the case as amicus curiae.

However, in July 2019, the respondents, in this case, i.e. the Government, filed an appeal against this iconic High Court ruling seeking re-criminalization of homosexuality. Human Rights Group has criticized this move of the Government all over the world.  The appeal was heard before five judges at the Court of Appeal on Tuesday. The State was represented by Advocate Sidney Pilane, while LEGABIBO and Letsweletse Motshidiemang were represented by Tshiamo Rantao and Gosego Rockfall Lekgowe, respectively.

Non-Governmental Organizations advocating for the LGBTIQ+ community joined the two parties at the Court of Appeal during this case. They argue that the minority group should enjoy their rights, especially the right to privacy and health. Botswana Network on Ethics, Law and HIV/AIDS (BONELA) Chief Executive Officer, Cindy Kelemi says the issues being raised by LEGABIBO are that as individuals belonging to the LGBTIQ community, they have and must share equal rights, including the right to privacy, which also speaks to being able to involve in sexual activities, including anal sex.

“Those rights are framed within the constitution, and therefore a violation of any of those rights allow them to approach the courts and seek for redress. We do not need the law to be regulating what we do in the privacy of our homes. The law cannot determine how and when we can have sex and with who, so the law does not have any business in that context. What we are saying is that the law is violating the right to privacy,” she said on the sidelines of the decriminalization case in Gaborone on Tuesday.

The first case involving the homosexual act was the Utjiwa Kanane vs the State in 2003. Contrary to section 164(c) of the Penal Code, Kanane was charged with committing an unnatural offence and engaging in indecent practices between males, contrary to section 167. The conduct at issue involved Graham Norrie, a British tourist, and occurred in December 1994. (Norrie pleaded guilty, paid a fine, and left the country.)

Kanane pleaded not guilty, alleging that sections 164(c) and 167 both violated the constitution. The High Court ruled that these sections of the Penal Code did not violate the constitution. Kanane then appealed to the Court of Appeal. BONELA CEO recalls that in its judgment then, the High Court indicated, Batswana were not ready for homosexual acts. Twenty years later, the same courts are saying that Batswana are ready, she says.

“They gave the explicit example that shows that indeed Batswana are ready. There are policies and documents in place that accommodate people from marginalized communities and minority populations. The question now is that why is it hard now to recognize the full rights of an individual who is of the LGBTI community?” She further says intimacy is only an expression. The law that restricts homosexuality makes it hard for LGBTIQ members to express themselves in a way that affirms who they are.

“We want a situation where the law facilitates for the LGBTIQ community to be free and express themselves. The stigma that they face in communities is way too punitive. They are called names; some have been physically violated and raped at times. It shows that the law doesn’t not only prevent them from expressing themselves, it also exposes them to violence.” The law on its own, Kelemi submits, cannot change the status quo, adding that there is a need for more awareness and education on human rights and what it means for an individual to have rights.

“As it is now, it is very tough for some to do that because of a legal environment that is not enabling. We also want to see a situation where LGBTIQ+ people can access services and be confident that they are provided with non-discriminatory services. It is challenging now because health care providers, social workers and law enforcement officers believe that it is illegal to be homosexual. What we are saying is that if you have an enabling law, then that will facilitate for people to be able to express themselves, including accessing health services,” Kelemi said.

“As we are doing this advocacy work, one of the issues that we picked up is that there is lack of capacity, especially on the part of healthcare workers. We noted that when we provide services or mobilize Men who have sex with other men (MSM) to access health facilities, health care workers are not welcoming, forcing them to hideaway. We must put an end to this to allow these people the freedom that they equally deserve.”

Continue Reading

News

Masisi warns Gov’t officials

18th October 2021
President Masisi

The President, Dr Mokgweetsi Masisi, has declared as an act of corruption the attitude and practice by government officials and contractors to deliver projects outside time and budget, adding that such a practice should end as it eats away from the public coffers.

For a very long time, management problems and vast cost overruns have been the order of the day in Botswana, resulting in public frustrations. Speaking at the commissioning of the Masama/Mmamashia 100 Kilometres project this week, Masisi said: “There is a tendency in government to leave projects to drag outside their allocated completion time and budget. I want to stress that this will not be tolerated. It is an act of corruption, and I will be engaging offices on this issue,” Masisi said.

In an interview with this publication over the issue, the Director-General of the Directorate on Corruption and Economic Crime (DCEC), Tymon Katholo, says, “any project that goes beyond its scope and budget raises red flags.” He continued that: “Corruption on these issues can be administrative and criminal. It may be because government officials have been negligent or been paid to be negligent by ignoring certain obligations or procedures. “This, as you may be aware has serious implications on not only of the economy but even the citizens who use these facilities or projects,” Katlholo said, adding that his agency is equally concerned.

According to the DCEC director, the selection, planning and delivery of infrastructure or projects is critical. In most cases, this is where the corruption would have occurred, leading to a troubled project. A public finance expert at the University of Botswana (UB), Emmanuel Botlhale, attributes poor project implementation to declining public accountability, lack of commitment to reforming the public sector, a decline in the commitment by state authorities and lack of a culture of professional project management.

In his research paper titled, ‘Enhancing public project implementation in Botswana during the NDP 11 period,’ Botlhale stated that successful implementation is critical in development planning. If there is poor project implementation, economic development will be stalled.
Corruption is particularly relevant for large and uncommon projects where the public sector acts as a client, and experts say Megaprojects are very likely to be affected by corruption. Corruption worsens both cost and time performance and the benefits expected from such projects.

Speaking during this week’s Masama/Mmamashia pipeline commissioning, Khato Civils chairman said Africans deserve a chance because they are capable, further adding that the Africans do not have to think that only Whites and Chinese people can do mega projects.  During his rule, former president Ian Khama went public to attack Chinese contractors for costing the government a move that ended up fuelling tensions between China and Botswana after Khama dispatched the then Minister of Foreign Affairs, Pelonomi Venson Moitoi, to China to register Botswana’s complaints with Chinese government-owned construction companies.  Botswana had approached the Chinese government for help in its marathon battle with Chinese companies contracted to build, among others, the failed controversial Morupule B power plant and refurbishment of Sir Seretse Khama International Airport (SSIK).

 

Continue Reading

News

Guma’s battle for millions of Pula give Court headache

18th October 2021
Guma Moyo

A legal battle between former Botswana Democratic Party (BDP) legislator Samson Moyo Guma and First National Bank (FNB) over a multimillion oil refinery project intensified this week with Justice Zein Kebonang referring the matter to Court of Appeal for determination.  The project belongs to Moyo Guma’s company called United Refineries which he has since placed under judicial management.

The war of words between Moyo Guma and FNB escalated after the company’s property worth millions of Pula were put up for sale in execution by the bank and scheduled to take place on 8th October. It emerges from Court papers that the bank had secured an order from the High Court to place the company’s property under the hammer.

Moyo Guma then also approached the High Court seeking among others that the public auction scheduled for 8th October 2021 be stayed. He contended that the assets that were to be sold belonged in reality to United Refineries and that as the company had been under judicial management at the time of the attachment, the intended sale in execution was unlawful.

He also sought the Court to declare that the writs of execution against the properties of guarantors and sureties of United Refineries Botswana Holdings Propriety Limited (the company) are unlawful.  Moyo Guma also sought a stay of the execution against the property known as Plot 43556 in Francistown, that is, the land buildings, plant and machinery which make up the property and any all immovable or movable property belonging to the guarantors and sureties of the company pending finalization of the winding up of United Refineries.

But FNB disputed Moyo Guma’s assertions and submitted that the properties in question belonged to TEC (Pty) Ltd and not United Refiners. TEC Pty Ltd which is one of the shareholders in United Refineries is one of the sureties and co-principal debtors of a debt amounting to P24 million owed by United Refineries to FNB.  FNB argued in papers that the properties belonged to TEC because it was TEC which had passed a covering mortgage bond in its favour over the property it now sought to execute.

Moyo Guma submitted that the covering mortgage bond passed in favour of FNB did not tell the full story as the property in question was in truth and fact owned by United Refineries and not TEC Pty Ltd. He maintained that the shares had been had been passed by the company in exchange for the properties in question and that the parties had always been guided by the spirt of the share agreement in dealing with each other despite delays in the change or transfer of ownership of plots 43556 and plot 43557 in Francistown.

Kebonang said it was clear to him that the two plots (43556 and 435570 belonged to United Refineries notwithstanding that TEC (Pty) Ltd had passed a mortgage bond over them in favour of FNB.  “For this reason the properties were immune from attachment or sale in execution so long as the judicial management order was in place,” he said.

The background of the case is that Moyo Guma together with five other investors, namely Elffel Flats (Pty) Ltd; Mmoloki Tibe; TEC (Pty) Ltd; Profidensico (Pty) Ltd and Tiedze Bob Chapi, each bound themselves as sureties and co-principal debtors in respect of a debt owed by a company called United Refineries Botswana Holdings (Proprietary) Limited (the Company), to First National Bank Botswana (FNBB) (1st Respondent).

FNB had extended banking facilities to the company in the amount of P24 million which was then secured through the suretyship of Moyo Guma and other shareholders.  Court records show that Moyo had on the 11th February obtained a temporary order for the appointment of a provisional judicial manager in respect of United Refineries and it was confirmed by the High Court on 24th September 2019.

In terms of the final court order by the High Court issued by Justice Tshepho Motswagole all judicial proceedings against the company, execution of all writs, summons and process were stayed and could only proceed with leave of Court. Court documents also show that First National Bank had sued the company and the sureties for the recovery of the debt owed to it and through a consent order, the bank withdrew its lawsuit against the company.

But FNB later instituted fresh proceedings against Moyo Guma and did not cite the company in its proceedings.  “There is no explanation in the record as to why the Applicant was now reflected as the 1st Defendant and why the company had suddenly been removed as the 1st Defendant. There was no application either for amendment or substitution by the bank,” said Justice Kebonang.

FNB had also argued that it sought to proceed to execute against Moyo Guma and other sureties on the basis of the suretyship they signed and that by signing the suretyship agreement, Moyo and other sureties had renounced all defence available to them and could therefore be sued without first proceedings against the principal debtor (United Refineries).  The question, Kebonang said, was that can FNB proceed to execute against Moyo Guma and other sureties on the basis of the suretyship contracts they signed?

“The starting point is that the Applicant (Moyo Guma) and others by binding themselves as sureties became liable for debts of the principal debtor and such liability is joint and several. He said the consequences of placing the company under judicial management means that every benefit extended to it should also extend to sureties.

“If the company is afforded more time to pay or its debt is discharged, reduced or compromised or suspended the obligation of sureties is to be likewise treated. It follows in my view that where judicial proceedings are suspended or stayed against the company, then any recourse against the sureties is similarly stayed or suspended,’ said Kebonang.

He added that “In the circumstances of this case, it seems to me that so long as the company is under judicial management, the moratorium that applies to it must also apply to its sureties/guarantors and no execution of the writs should be permitted against them. Any execution would be invalid.”

“Mindful that there is judicial precedent on this point in Botswana, at least none that I am aware of, and given its significance, I consider it prudent that the Court of Appeal must provide a determinative answer to the question whether a creditor can proceed against sureties where a company is under judicial management,” said Kebonang.

Pending the determination of the Court of Appeal, he issued the following order; the execution of writs issued in favour of FNB against Moyo and other sureties/guarantors of United Refinery are hereby stayed pending the determination of the legal question referred to the Court of Appeal.

Continue Reading
Do NOT follow this link or you will be banned from the site!