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Civil servants removed from declaration Bill

Cabinet has this week moved swiftly to make and approve amendments into the contentious newly proposed declaration of assets and liabilities law. This comes at the back drop of the ongoing hotly contested debate of the contentious Bill during/in this winter session of Parliament.

MP’s whom criticised and rejected the Bill especially from the opposition Umbrella for Democratic Change (UDC) has raised concerns on the provision for all civil servants declaring their assets even drivers, cleaners and so forth; questioned the independence of DCEC from the Executive. They have also denounced the proposed law on the basis that it applies to office bearers who left the office less than 2 years after exit.

In addition, they query the declarations of assets bill as it makes provision for secrecy where the bill forces those whom the declarations are made to, to preserve the confidentiality of all information contained in such a declaration. The scope of the bill extends to senior government officials and parastatals chiefs, Dikgosi, Judges, magistrates, heads of private enterprises, MPs, councillors, spouses and dependent children.

Cabinet has agreed this week, pressurised by the ongoing parliament debates, to re look and amend some concerns including increasing the 2 years for those who left office to more than 5 years. Minister of Presidential Affairs, Governance and Public Administration, Nonofo Molefhi confirmed to Weekend Post this week that as cabinet they have considered some of the inputs and will be considered before the law is passed.

He emphasised that certainly the law is work in progress. “Cabinet has already agreed on the amendments. It’s a done deal. We will now move these to the Committee stages,” Molefhi told Weekend Post on Friday. Government back steps inclusion of all public servants in the law. He further explained that the ones agreed by cabinet to amend include: to reduce scope of public servants – other than including all of them.

“We have to determine which ones we include and which ones we do not. We will robustly look at their definition. Public servants that would not be included then we will see how they will declare,” he said. Molefhi added that those with knowledge on the procurement arrangements; those who will cause risk one way or the other – will be excluded but covered by special provisions.

For example, he continued, there is an architecture or quantity surveyor who are not directly involved in tendering but are involved by virtue of where they work, so they have a knowledge of tenders and therefore can divulge such information to third parties to have an undue advantage. According to the Minister in the Office of the President (OP), cabinet has also approved to fix the definition of private enterprises with regard to Chief Executive Officers (CEO)’s as they also receive government money.

Government wants to protect privacy and confidentiality

When speaking on the secrecy of the law and why the information is not made explicitly to the media and members of the public, Molefhi said the proposed law had to balance the public interest specification and the right to confidentiality and privacy of other individuals. 
“The media or the public remain free to apply to the Director General of the DCEC on the information they want to source; why they want it and they purpose from which they will use it for,” he stated.

I ask myself, he highlighted: “will it be right for everyone to see who owes what and where, why other people’s debts should be exposed in such a manner? So we have to protect such data, as we know we have data protection Act.” According to Molefhi, the declaration of assets bill is not in isolation as it works with and complement other laws like the Financial Intelligence and Agency Act (FIA) which covers politically exposed persons; as well as laws like the Botswana Panel Code.     

Minister overseeing DCEC believes it is independent

As a minister in the Office of the President where some oversight institution like DCEC, DIS, fall, the Selibe Phikwe East maintains that such bodies are wholly and very independent. “These body are independent, they only come to me when asking for funds or annual budget. Then it ends there. That’s the end of the story. I then, do not tell them what to do in their scope of work,” he stressed. The OP Minister continued: “I never issued a directive to DCEC or DIS on how they should carry their job and I have no reason to believe the President has not done the same. All is left in the DCEC Directors hands.”

Constitutional review on the cards; will make DCEC, DIS independent

According to the law maker, a holistic constitutional review process is on the way and all people are be free to state whether they want the organisations to report to parliament other that the OP and as such that can be considered. “So, some of these views suggesting that these oversight bodies are not purely independent are just political. Politicians implanted such views on the people.”

President Masisi says the law targets politicians and senior gov’t officials

President Mokgweetsi Masisi has recently told the 15th National Business Conference that the proposed law targets politicians and senior public officials. “It aims to root out corruption and would improve investor confidence and enhance transparency and accountability,” reports indicate.  Reports further point out that the President said it was evident that some in the private sector also facilitated corruption by corrupting public officers.

Anti-corruption heads Masitara, Gaolatlhe denounces the Bill

Meanwhile former Gaborone West North, now Gaborone Bonnington North, legislator Robert Masitara has long denounced the declaration of assets and liabilities law saying “e siilwe ke nako” meaning that “it’s no longer relevant” and therefore that the Act will be a ‘useless’ tool in fighting corruption.

“Those who have declared their assets will still buy property with other people’s names in it. Then the assets will be sold and money goes back to the hands of those who previously declared,” he has always maintained.
Another lawmaker who abhors corruption, Gaborone Bonnington South law maker Ndaba Gaolatlhe has recently told his party, Alliance for Progressives (AP) annual Policy declaration that the introduction of the bill as is will not bring any change to Botswana.
“It will not cause our governance system to be cleaner. It will not discourage corruption,” the Gaborone Bonnington South highlighted.

He also hinted that the DCEC which the bill identifies as the administrator of the bill is “not independent enough” from the Executive to provide rigorous and unbiased assessments of potential wealth anomalies.
On inclusion of all civil servants he said: “office bearers should be at a minimum include Members of Parliament, Members of the Judiciary, councillors, CEOs and other executives of Parastatals, Permanent Secretaries and key officers involved in procurement,” he concluded the policy statement.

Attorney general drafted the Declaration of Assets and liabilities Bill

When asked who specifically drafted the Bill which has been a subject of public scrutiny in the media, Molefhi said it is the Attorney General’s Chambers. “There is a drafting department at the office of the Attorney General. We just give the officers the parameters of the intended law. Then they draft it in the legal language, in Botswana’s style of drafting, in terms of language and vocabulary; and that sometimes the service is outsourced,” he said. 

Ruling BDP to use MP numbers to pass the Bill with amendments

The ruling Botswana Democratic Party (BDP) are expected to use their numbers to smoothly pass the law with amendments as adopted by cabinet. “Of course discussions are still ongoing. MP’s are still debating the Bill. I am confident that bill will pass into law. There are really no key issues that can stop this.”

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Masisi to dump Tsogwane?

28th November 2022

Botswana Democratic Party (BDP) and some senior government officials are abuzz with reports that President Mokgweetsi Masisi has requested his Vice President, Slumber Tsogwane not to contest the next general elections in 2024.

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African DFIs gear to combat climate change

25th November 2022

The impacts of climate change are increasing in frequency and intensity every year and this is forecast to continue for the foreseeable future. African CEOs in the Global South are finally coming to the party on how to tackle the crisis.

Following the completion of COP27 in Egypt recently, CEOs of Africa DFIs converged in Botswana for the CEO Forum of the Association of African Development Finance Institutions. One of the key themes was on green financing and building partnerships for resource mobilization in financing SDGs in Africa

A report; “Weathering the storm; African Development Banks response to Covid-19” presented shocking findings during the seminar. Among them; African DFI’s have proven to be financially resilient, and they are fast shifting to a green transition and it’s financing.

COO, CEDA, James Moribame highlighted that; “Everyone needs food, shelter and all basic needs in general, but climate change is putting the achievement of this at bay. “It is expensive for businesses to do business, for instance; it is much challenging for the agricultural sector due to climate change, and the risks have gone up. If a famer plants crops, they should be ready for any potential natural disaster which will cost them their hard work.”

According to Moribame, Start-up businesses will forever require help if there is no change.

“There is no doubt that the Russia- Ukraine war disrupted supply chains. SMMEs have felt the most impact as some start-up businesses acquire their materials internationally, therefore as inflation peaks, this means the exchange rate rises which makes commodities expensive and challenging for SMMEs to progress. Basically, the cost of doing business has gone up. Governments are no longer able to support DFI’s.”

Moribame shared remedies to the situation, noting that; “What we need is leadership that will be able to address this. CEOs should ensure companies operate within a framework of responsible lending. They also ought to scout for opportunities that would be attractive to investors, this include investors who are willing to put money into green financing. Botswana is a prime spot for green financing due to the great opportunity that lies in solar projects. ”

Technology has been hailed as the economy of the future and thus needs to be embraced to drive operational efficiency both internally and externally.

Executive Director, bank of Industry Nigeria, Simon Aranou mentioned that for investors to pump money to climate financing in Africa, African states need to be in alignment with global standards.

“Do what meets world standards if you want money from international investors. Have a strong risk management system. Also be a good borrower, if you have a loan, honour the obligation of paying it back because this will ensure countries have a clean financial record which will then pave way for easier lending of money in the future. African states cannot just be demanding for mitigation from rich countries. Financing needs infrastructure to complement it, you cannot be seating on billions of dollars without the necessary support systems to make it work for you. Domestic resource mobilisation is key. Use public money to mobilise private money.” He said.

For his part, the Minster of Minister of Entrepreneurship, Karabo Gare enunciated that, over the past three years, governments across the world have had to readjust their priorities as the world dealt with the effects and impact of the COVID 19 pandemic both to human life and economic prosperity.

“The role of DFIs, during this tough period, which is to support governments through countercyclical measures, including funding of COVID-19 related development projects, has become more important than ever before. However, with the increasingly limited resources from governments, DFIs are now expected to mobilise resources to meet the fiscal gaps and continue to meet their developmental mandates across the various affected sectors of their economies.” Said Gare.

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TotalEnergies Botswana launches Road safety campaign in Letlhakeng

22nd November 2022

Letlhakeng:TotalEnergies Botswana today launched a Road Safety Campaign as part of their annual Stakeholder Relationship Management (SRM), in partnership with Unitrans, MVA Fund, TotalEnergies Letlhakeng Filling Station and the Letlhakeng Sub District Road Safety Committee during an event held in Letlhakeng under the theme, #IamTrafficToo.

The Supplier Relationship Management initiative is an undertaking by TotalEnergies through which TotalEnergie annually explores and implements social responsibility activities in communities within which we operate, by engaging key stakeholders who are aligned with the organization’s objectives. Speaking during the launch event, TotalEnergies’ Operations and HSSEQ,   Patrick Thedi said,  “We at TotalEnergies pride ourselves in being an industrial operator with a strategy centered on respect, listening, dialogue and stakeholder involvement, and a partner in the sustainable social and economic development of its host communities and countries. We are also very fortunate to have stakeholders who are in alignment with our organizational objectives. We assess relationships with our key stakeholders to understand their concerns and expectations as well as identify priority areas for improvement to strengthen the integration of Total Energies in the community. As our organization transitions from Total to Total Energies, we are committed to exploring sustainable initiatives that will be equally indicative of our growth and this Campaign is a step in the right direction. ”

As part of this campaign roll out, stakeholders  will be refurbishing and upgrading and installing road signs around schools in the area, and generally where required. One of the objectives of the Campaign is to bring awareness and training on how to manage and share the road/parking with bulk vehicles, as the number of bulk vehicles using the Letlhakeng road to bypass Trans Kalahari increases. When welcoming guests to Letlhakeng, Kgosi Balepi said he welcomed the initiative as it will reduce the number of road incidents in the area.

Also present was District Traffic Officer ASP, Reuben Moleele,  who gave a statistical overview of accidents in the region, as well as the rest of the country. Moleele applauded TotalEnergies and partners on the Campaign, especially ahead of the festive season, a time he pointed out is always one with high road statistics. The campaign name #IamTrafficToo, is a reminder to all road users, including pedestrians that they too need to be vigilant and play their part in ensuring a reduction in road incidents.

The official proceedings of the day included a handover of reflectors and stop/Go signs to the Letlhakeng Cluster from TotalEnerigies, injury prevention from tips from MVA’s Onkabetse Petlwana, as  well as  bulk vehicle safety tips delivered from Adolf Namate of Unitrans.

TotalEnergies, which is committed to having zero carbon emissions by 2050,  has committed to rolling out the Road safety Campaign to the rest of the country in the future.

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