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Corruption and His Twin Brothers State Capture and Policy Capture

PUSETSO MORAPEDI

The worst thing a leader can ever do is to destroy the capacity of state institutions to safeguard good governance, to safeguard the separation of powers and limit calls for accountability. In Botswana we have cultivated a culture of ‘presidentialising’ oversight bodies.

This means that all oversight bodies that ought to safeguard good governance, transparency and integrity are put under the Office of the President, under the premise that when they are there, political will of the Executive would ensure they are effective and efficient in undertaking their mandate. However, it could also be for a more sinister reason. It could be for the surveillance of the agencies, for their frustration and eventual deterioration. Gathering around state institutions allows clandestine networks to accumulate unchecked power (Catrina Godinho & Lauren Hermanus, 2018). This culture is breeding ground for state and policy capture.

When I hear state capture I think of South Africa, Jacob Zuma and the Guptas. Transparency International (2014) calls state or policy capture as one of the most pervasive forms of corruption, where private firms or even individuals (within or outside a country) employ corrupt methods to influence and shape a country’s policy, legal environment to their own interests. So, one would shape policy, mask it in the public interest whilst it covers political and economic interests of a few. Recall the National Development Bank loan cancellations?

Corruption simply put, is the misuse of public office for private gain through influence over institution making (Rose-Ackerman, 2008). Granted that the fundamental challenge of the state has always been to balance the competing interests of values of individuals and groups (taxpayers, non-taxpayers, marginalised and vulnerable groups). However, the balancing comes from intentionally putting systems in place to negotiate transparently and responsibly these interests. This is why independent oversight bodies become essential.

The non-partisan bodies are supposed to stand in place for those that cannot speak for themselves, using best practices possible. Therefore, when a leader kills these bodies, when a leader murders the spirit of these institutions that stand-in for the people, the state becomes only but for a few. It becomes the state that safeguards socio-economic and political interests of a few, ensuring safety, security and wellbeing for a few, while the rest only get crumbles.

The greatest risk with policy capture is that, the decisions are no longer taken in the interest of the people, but instead favour a specific group, the laws, regulations are designed to benefit a specific interest group. If you have ever thought “I guess these spaces, tenders, access are only for those ones”, then you know we are in some stages of policy capture. Public policies are at the centre of the relationship between citizens and governments.

They determine the quality of citizens daily lives (OECD, 2017). Therefore, if your life sucks, there is policy that is not being implemented efficiently and effectively that affects your life negatively. If policy is designed in such a way that only a few people get access to tenders, to job opportunities and scholarship opportunities, this perpetuates socio-economic inequalities. You want to fight inequalities, you have to fight policy capture. Where policy formulation is only done by a few, evaluated by the same few, and having them give themselves 10/10, you have to STOP that culture.

State Capture: originally, the theoretical concept of state capture referred to a form of grand corruption. In the case of South Africa, Corruption Watch defined it as the formation of a shadow state, directed by a power elite. The shadow state operates within – and parallel to – the constitutional state in formal and informal ways. Its objective is to re-purpose state governance, aligning it with the power elites’ narrow financial or political interests, for their benefit. State capture rests on a strategy to align arms of state and public institutions and business to support rent-seeking.

Catrina Godinho & Lauren Hermanus (2018), offer that state capture is a political-economic project whereby public and private actors collude in establishing clandestine networks that cluster around state institutions in order to accumulate unchecked power, subverting the constitutional state and social contract by operating outside of the realm of public accountability. Remember people who run institutions but account to the President only? Trouble brewing! State capture is progressive, it can be stopped when detected and there is political will to stop it.

State and Policy capture also undermine the rule of law. Policy capture can occur through legal (lobby and give financial support to political parties) and illegal (bribery). Financial support to political parties has been a bone of contention lately in Botswana, this is a serious issue. When people push for political party funding we ought to maybe have a serious discussion and find mechanisms of how to govern this. You do not want any Party that may take power at the mercy of a Multi-National Corporation, an individual with economic power, because they will run the state. The next thing you see water being privatised, electricity unaffordable, death of the local private sector, hospitals without medicine and schools without books.

We must guard the integrity of our political parties by watching the people who give them money, who have business and political interests in our country. It is not about your party, it is about our state, our country that we call for the strengthening of institutions. The legacy HE Masisi can ever leave, is strengthening democratic institutions, ensuring the separation of powers, relinquishing some of his powers to ensure inclusivity. Inclusivity will not happen where there are seeds of policy capture and state capture, it is lying to oneself to think we can transform this nation with Parliament still asking for money through the Ministry of Presidential Affairs … Naare Palamente yone who approves its budget? Is it the Ministry of Presidential Affairs, Governance and Public Administration?

In all political systems, whether democratic or authoritarian, groups compete for influence over the state to have an impact on the choice and design of laws, rules and regulations in order to shape these to their own advantage (Hellmann, World Bank Conference Paper). This is why it becomes paramount to prevent a culture of monopolisation power in influencing policy for parochial interests.

When the state does not ensure a proper governance of interests, corruption embeds, and the twin brothers state capture and policy capture ferment and feed the corrupt system. Because corruption often occurs in secrecy, particularly elite corruption, it becomes paramount that governments are committed to promoting a culture of transparency and accountability in the public service. Corruption does not thrive where information on processes, procedures and issues of national interest are freely open to the public.

Furthermore, it is important that citizens are given an opportunity to voice their concerns about government performance and that such concerns are taken as equally serious by government. Access to information becomes essential, transparency and accountability as asserted by the Vision 2036 become preventative measures and cures to capture … state and policy. That is, if policy is for the people and if state power is about safeguarding the interests and security of the people.

Consulted Works

Catrina Godinho & Lauren Hermanus , (Re)conceptualising State Capture – With a Case Study of South African Power Company Eskom; Conference Paper prepared for the Public Affairs Research Institute’s State Capture and Its Aftermath: Building Responsiveness Through State Reform, 22 -24 October 2018, Johannesburg

 HYPERLINK "https://www.corruptionwatch.org.za/state-capture-could-not-succeed-without-complicity-at-the-top/" https://www.corruptionwatch.org.za/state-capture-could-not-succeed-without-complicity-at-the-top/
Rose-Ackerman, S. (2008). Corruption and Government. International Peacekeeping, 15(3), 328-343.

 HYPERLINK "http://siteresources.worldbank.org/INTWBIGOVANTCOR/Resources/1740479-1149112210081/2604389-1149274062067/2613434-1149276254021/quinghua_paper_hellman.pdf" http://siteresources.worldbank.org/INTWBIGOVANTCOR/Resources/1740479-1149112210081/2604389-1149274062067/2613434-1149276254021/quinghua_paper_hellman.pdf

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Opinions

The Taiwan Question: China ramps up military exercises to rebuff US provocations

18th August 2022

US House Speaker Nancy Pelosis visit to Taiwan has violated the One-China policy, and caused the escalation of tensions across the Taiwan Strait. Experts and political observers across the spectra agree that Pelosis actions and subsequent pronouncements by US President Joe Biden gave impetus to an already simmering tension in the Taiwan Strait, provoking China to strengthen its legitimate hold on the Taiwan Strait waters, which the US and Taiwan deem as international waters.

Pelosis visit to Chinas Taiwan region has been heavily criticised across the globe, with China arguing that this is a serious violation of the one-China principle and the provisions of the three China-US Joint Communiqus. In response to this reckless move which seriously undermined China’s sovereignty, and interfered in China’s internal affairs, the expectation is for China to give a firm response. Pelosi visit violated the commitments made by the U.S. side, and seriously jeopardized peace and stability across the Taiwan Strait.

To give context to Chinas position over Taiwan region, the history behind gives us perspective. It is also important to note that the history between China and Taiwan is well documented and the US has always recognized it.

The Peoples Republic of China recognises Taiwan as its territory. It has always been the case even before the Nationalist Republic of China government fled to the previously Japanese-ruled Island after losing the civil war on the mainland in 1949. According to literature that threat was contained for decades first with a military alliance between the US and the ROC on Taiwan, and after Washington switched diplomatic recognition to the PRC in 1979 by the US One China policy, which acknowledges Beijings position that Taiwan is part of One China. Effectively, Taiwans administration was transferred to the Republic of China from Japan after the Second World War in 1945, along with the split between the Peoples Republic of China (PRC) and the Republic of China (ROC) as a consequence of the Chinese Civil War. Disregarding this history, as the US is attempting to do, will surely initiate some defence reaction on the side of China to affirm its sovereignty.

However, this history was undermined since Taiwan claimed to democratise in the 1990s and China has grown ever more belligerent. Furthermore, it is well documented that the Biden administration, following the Trump presidency, has made subtle changes in the way it deals with Taipei, such as loosening restrictions on US officials meeting Taiwanese officials this should make China uneasy. And while the White House continues to say it does not support Taiwanese independence, Bidens words and actions are parallel to this pledge because he has warned China that the US would intervene militarily if China attacked Taiwan another statement that has provoked China.

Pelosi, in her private space, would know that her actions amount to provocation of China. This act of aggression by the USA seriously undermines the virtues of sovereignty and territorial integrity which has a huge potential to destabilize not only the Taiwan Strait but the whole of the Asia- Pacific region. The Americans know very well that their provocative behavior is deliberately invoking the spirit of separatism masqueraded as Taiwan independence. The US is misled to think that by supporting separatism of Taiwan from China that would give them an edge over China in a geopolitics. This is what one Chinese diplomat said this week: The critical point is if every country put their One-China policy into practice with sincerity, with no compromise, is going to guarantee the peace and stability across the Taiwan Strait. Therefore, it was in the wake of US House speaker Nancy Pelosis visit to Taiwan, that China, in a natural response revealed plans for unprecedented military exercises near the island, prompting fears of a crisis in the Taiwan Strait and the entire Asia-Pacific region. The world community must promote and foster peace, this may be achieved when international laws are respected. It may also happen when nations respect the sovereignty of another. China may be in a better space because it is well capacitated to stake its territorial integrity, what about a small nation, if this happens to it?

As to why military exercises by Beijing; it is an expected response because China was provoked by the actions of Pelosi. To fortify this position, Chinese President, Xi signed a legal basis for Chinas Peoples Liberation Army to safeguard Chinas national sovereignty, security and development interests. The legal basis will also allow military missions around disaster relief, humanitarian aid and peacekeeping. In addition the legal changes would allow troops to prevent spillover effects of regional instabilities from affecting China, secure vital transport routes for strategic materials like oil, or safeguard Chinas overseas investments, projects and personnel. It then follows that President Xis administration cannot afford to look weak under a US provocation. President Xi must protector Chinas sovereignty and territorial integrity, of which Taiwan is a central part. Beijing is very clear on One-China Policy, and expects all world players to recognize and respect it.

The Peoples Liberation Army has made it clear that it has firepower that covers all of Taiwan, and it can strike wherever it wants. This sentiments have been attributed to Zhang Junshe, a researcher at the PLA Navy Research Institute. Zheng further said, We got really close to Taiwan. We encircled Taiwan. And we demonstrated that we can effectively stop intervention by foreign forces. This is a strong reaction from China to warn the US against provocation and violation of the One-China Policy.

Beijings military exercises will certainly shake Taiwans confidence in the sources of its economic and political survival. The potential for an effective blockade threatens the air and shipping routes that support Taiwans central role in global technology supply chains. Should a humanitarian situation arise in Taiwan, the blame would squarely be on the US.

As Chinas military exercises along the Taiwan Strait progress and grow, it remains that the decision by Nancy Pelosi to visit Chinas Taiwan region gravely undermined peace and stability across the Taiwan Strait, and sent a wrong signal to Taiwan independence separatist forces. This then speaks to international conventions, as the UN Secretary-General Antnio Guterres explicitly stressed that the UN remains committed to the UN General Assembly Resolution 2758. The centerpiece is the one-China principle, namely, there is but one China in the world, the government of the Peoples Republic of China is the sole legal government representing the whole of China, and Taiwan is a part of China. It must be noted that the US and the US-led NATO countries have selectively applied international law, this has been going on unabated. There is a plethora of actions that have collapsed several states after they were attacked under the pretext of the so-called possession of weapons of mass destruction illuminating them as threats – and sometimes even without any valid reason. to blatantly launch military strikes and even unleash wars on sovereign countrie

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Opinions

Internal party-democracy under pressure

21st June 2022

British novelist, W. Somerset Maugham once opined: If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too.

The truism in these words cannot be underestimated, especially when contextualizing against the political developments in Botswana. We have become a nation that does not value democracy, yet nothing represent freedom more than democracy. In fact, we desire, and value winning power or clinging to power more than anything else, even if it harms the democratic credentials of our political institutions. This is happening across political parties ruling and opposition.

As far as democracy is concerned, we are regressing. We are becoming worse-off than we were in the past. If not arrested, Botswana will lose its status as among few democratic nations in the Africa. Ironically, Botswana was the first country in Africa to embrace democracy, and has held elections every five years without fail since independence.

We were once viewed as the shining example of Africa. Those accolades are not worth it any more. Young democracies such as South Africa, with strong institutions, deserves to be exalted. Botswana has lost faith in democracy, and we will pay a price for it. It is a slippery slope to dictatorship, which will bring among other excess, assault on civil liberties and human rights violations.

Former President, Festus Mogae once stated that Botswanas democracy will only become authentic, when a different party, other than the Botswana Democratic Party (BDP) wins elections, and when the President of such party is not from Serowe.

Although many may not publicly care to admit, Mogaes assertion is true. BDP has over the years projected itself as a dyed-in-the-wool proponent of democracy, but the moment its stay in power became threatened and uncertain, it started behaving in a manner that is at variance with democratic values.This has been happening over the years now, and the situation is getting worse by the day.

Recently, the BDP party leadership has been preaching compromise and consensus candidates for 2024 general elections. Essentially, the leadership has lost faith in theBulela Ditswedispensation, which has been used to selected party candidates for council and parliament since 2003. The leadership is discouraging democracy because they believe primary elections threaten party unity. It is a strange assertion indeed.

Bulela Ditswewas an enrichment of internal party democracy in the sense that it replaced the previous method of selection of candidates known as Committee of 18, in which a branch committee made of 18 people endorsed the representatives. While it is true that political contest can divide, the ruling party should be investing in political education and strengthening in its primary elections processes. Democracy does not come cheap or easy, but it is valuable.

Any unity that we desire so much at the expense of democracy is not true unity. Like W. Somerset Maugham said, democracy would be lost in the process, and ultimately, even the unity that was desired would eventually be lost too. Any solution that sacrifice democracy would not bring any results in the long run, except misery.

We have seen that also in opposition ranks. The Umbrella for Democratic Change (UDC) recently indicated that its incumbent Members of Parliament (MPs) should not be challenged for their seats. While BDP is sacrificing democracy to stay in power, UDC is sacrificing democracy to win power. It is a scary reality given the fact that both parties ruling and opposition have embraced this position and believe democracy is the hindrance to their political ambitions.

These current reality points to one thing; our political parties have lost faith in democracy. They desire power more than, the purpose of power itself. It is also a crisis of leadership across the political divide, where we have seen dissenting views being met with persecution. We have seen perverting of political process endorsed by those in echelons of power to manipulate political outcomes in their favour.

Democracy should not be optional, it should be mandatory. Any leader proposing curtailing of democracy should be viewed with suspicion, and his adventures should be rejected before it is too late. Members of political parties, as subscribers of democracy, should collectively rise to the occasion to save their democracy from self-interest that is becoming prevalent among Botswana political parties.

The so-called compromise candidates, only benefits the leadership because it creates comforts for them. But for members, and for the nation, it is causing damage by reversing the gains that have been made over the years. We should reject leaders who only preach democracy in word, but are hesitant to practice it.

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Opinions

The Big Deal About Piracy

21st June 2022

Piracy of all kinds continues to have a massive impact on the global creative industry and the economies of the countries where it thrives.

One of the biggest misconceptions around piracy is that an individual consumers piracy activities, especially in a market the size of Botswanas, is only a drop in the pool of potential losses to the different sectors of the economy piracy affects.

When someone sitting in Gaborone, Botswana logs onto an illegal site to download King Richard online, they dont imagine that their one download will do anything to the production houses pocket or make a dent in the actors net worth. At best, the sensitivity towards this illegal pirating activity likely only exists when contemplating going about pirating a local musicians music or a short film produced locally.

The ripple effects of piracy at whatever scale reach far beyond what the average consumer could ever imagine. Figures released by software security and media technology company, Irdeto, show that users in five major African territories made approximately 17,4 million total visits to the top 10 identified piracy sites on the internet.

The economic impact of this on the creative industry alone soars to between 40 and 97.1 billion dollars, according a 2022 Dataprot study. In addition, they estimate that illegally streamed copyrighted content consumes 24% of global bandwidth.

As Botswanas creative industry remains relatively slight on the scale of comparison to industries such as Nollywood and Nilewood where the creative industry contributes a huge proportion to West and East Africas respective GDPs, that does not imply that piracy activities in Botswana do not have a similar impact on our economy and the ability of our creative industry to grow.

When individuals make decisions to illegally consume content via internet streaming sites they believe they are saving money for themselves in the name of enjoying content they desire to consume. Although this is a personal choice that remains the prerogative of the consumer, looking beyond the fact that streaming on illegal content sites is piracy, the ripple effect of this decision also has an endless trail of impact where funds which could be used to grow the local creative industry through increased consumption, and revenue which would otherwise be fed back into Botswanas economy are being diverted.

Why cant our local creative industry grow? Why dont we see more home-grown films and shows in Botswana? are questions constantly posed by those who consume television content in Botswana. The answer to this lies largely in the fact that Botswanas local content needs an audience in order for it to grow. It needs support from government and entities which are in a position to fund and help the industry scale greater heights.

Any organisational body willing to support and grow the local creative industry needs to exist and operate in an economy which can support its mandates. Content piracy is a cycle that can only be alleviated when consumers make wiser decisions around what they consume and how.

This goes beyond eradicating piracy activities in so far as television content is concerned. This extends to the importation and trade in counterfeit goods, resale of goods and services not intended for resale across the border, outside its jurisdiction, and more. All of these activities stunt the growth of an economy and make it nearly impossible for industries and sectors to propel themselves to places where they can positively impact society and reinvest into the countrys economy.

So what can be done to turn the tide here in Botswana in order to see our local production houses gain the momentum required to produce more, license more and expand their horizons? While those who enforce the law continue to work towards minimizing piracy activities, its imperative that as consumers we work to make their efforts easier by being mindful of how our individual actions play a role in preventing the success of our local creative networks and our economys growth.

Whether you are pirating a Hollywood Blockbuster, illegally streaming a popular Motswana artists music, or smuggling in an illegal decoder to view content restricted to South Africa only, your actions have an impact on how we as a nation will make our mark on the global landscape with local creative productions. Thembi Legwaila is Corporate Affairs Manager, MultiChoice Botswana

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