Connect with us
Advertisement

Magosi opens up on National Security

The Directorate of Intelligence and Security Services (DIS) Director General Brigadier Peter Magosi has opened up on a number of issues which he says needs to be cleared up for those who do not understand security matters.

Before delving on national issues, the DIS boss dealt with the issue of remuneration of his officers, insisting that the spy agency officers will have their remuneration improved once the process has been completed. With reports indicating that DIS officers are not happy with recent salary in disciplined forces which left them out, Magosi said they are still consulting regionally about their salary adjustments. “Right now as we speak, some of my officers are in Kenya on a benchmarking exercise and they will visit other countries in the region to do the same,” he said.

Magosi said once the exercise is complete, they will submit a report for restructuring and salary review of all officers. “We want to engage some of the best security practices in the region, continentally and globally,” he said. Magosi said both the Botswana Police Services and Botswana Defence Force have long submitted their salary review hence they received their increment early this year. “Right now my officers are in the dark but there has been planning and everything is in the pipeline including plans to further their studies which was not the case in the past,” Magosi stated.

It is reported that the last promotions at the DIS were in 2014 but not all officers were promoted by then. The organisation is at the moment undergoing a rough patch, with concerns raised over its lack of organisational structure.  “As we speak, duty reports are no longer coming on daily basis as it used to be the norm. The officers are disgruntled and there is fear that they are bound to sell information for better life,” said a source. Another agent who spoke to WeekendPost on an account of anonymity said the most sensitive institution in the country is sitting on a time bomb that might explode anytime.

“We are currently seated on a volcano that might erupt anytime from now. This is not good for the country, this institution is the custodian of the state security yet the welfare of the officers is not a priority,” he said. The recent muddle up at the DIS however is blamed on the Magosi who is believed to have shifted his focus to guarding President Mokgweetsi Masisi, instead of proving strategic leadership. Magosi was brought in to replace Colonel Isaac Kgosi at the helm of the spy agency a few weeks after President Masisi ascended to Presidency on April 1st 2019.

A few weeks back this publication reported that President Masisi secretly promoted Magosi to a super scale moving him from F1 to F0 but leaving behind his two deputies. An inside source said when he was brought in Peter Magosi was made aware of all the challenges the institution is currently facing, at the top of the agenda being staff welfare. The source also said the difference between Fana (Magosi) and Spanere (Kgosi) as they are affectionately known within the DIS is that Kgosi was hands on, mingled with officers and was in touch with the day-to-day operations of the organisation.

 “He was very cognisant with issues of welfare was on the right track handling them even though his loyalty was better placed with former President Lt Gen Seretse Khama Ian Khama. He was a better boss compared to Magosi,” said the source. “Right now we are told there is no money at the institution but every week we see a new face. They continue to employ more people coming in at higher scales even though we are told there are no vacancies. This is what is upsetting the old guard at DIS,” said another source.

The agents told WeekendPost that with the absence of Magosi on the ground, there is no trust at all, the entire organisation is on a survival move. It is reported that there are a lot of backstabbing, jealousy and falsehood that is now positioning the whole operations at ransom.
“This unscrupulous behavior is now damaging these innocent officers’ careers. These guys have devoted their lives to serve their country with dignity. We have lost our once prestige institution, it is now tantamount to running a mere tuck- shop. What is even more disheartening and frustrating is that the Director General has delegated everything to his two deputies Modiri Keoagile and Tefo Kgotlhane, at least if he was here lying to us as always it would be better”.

Magosi however said being an absent leader is a deliberate move. He said when he took charge at the intelligence office, he made himself clear that he will look down to link the DIS with other security elements. To achieve this Magosi said he needs to get all the resources that they needed and network on the region, continentally and engage on global level.

“I will be looking at the security of the president and that is my number one priority at the moment,” he said. “This is the reason why I have two deputies; Operations and Support Services. They take care of the operations of the DIS while I continue to travel abroad. However, I can promise you that the unhappy officers will not pose a threat to the national security.”

Magosi on the issue of Presidential personal security

Unlike his predecessor, Magosi is not a man to seat in the office. For his role of always providing personal security to the president, Magosi was seen as President Masisi’s personal bodyguard. Magosi told WeekendPost that dynamics have changed and the security landscape of the country has changed thus his responsibility to take charge.

“I am an experienced Special Forces Operatives, Experienced Intelligence Officer, I have done them at tactical, operational and strategic levels. This put me as a qualified person to understand the socio- political landscape of this country. I do not blame those who see me behind the president and blame me for doing my job. Their level of understanding cannot match mine.”

Magosi said the country has for a long time experienced issues of corruption at the highest level and nothing seems to be done about it. These issues to humankind if left unattended they manifest themselves to become a security threat. “Botswana has mineral resources and now we have an orthodox interested parties from outside the country and this has become a problem that needs to be attended.”

Peter Magosi said everyone knows about the Motsepe family and others that we don’t know about. “Minerals have caused conflicts in other African countries but they have started at the lowest level, unattended and escalated. The general living of Botswana continue to deteriorate despite having a good income per capital. The uneven distribution of natural wealth will automatically displeasure the nation towards government. It goes without saying that an unhappy nation becomes a security threat to itself.”

Mediation between Masisi and Khama

Information gathered by WeekendPost this week suggest that there is a standoff between Masisi and Magosi. It is alleged that the fallout is a result of Magosi’s persistent move to reconcile President Masisi and his predecessor Khama.  When asked about his involvement in trying to reach a reconciliation, Magosi started by dismissed suggestion of tension between him and Masisi.

“I am his advisor, I don’t tell him (Masisi) what he wants to hear. I advise him on issues of national security. The only reason why we are at the position we found ourselves in is because former President Ian Khama wants to meet Masisi one on one while Masisi wants the elders to resolve the matter. Now they cannot meet on a common ground thus far. I have advised former President Khama that in a cultural set up the elders are better tasked with resolving this kind of disputes but he is not willing to bend. It must be noted that Masisi has never refused to meet his predecessor as reported,” he said.

Magosi said it should be noted that he is not doing any of the two leaders any favours. “Right now there are two centres of power and is not good for the country. My job is to advise them both accordingly, Khama is my former boss and I respect him and Masisi is the current President.”  He said he does even advise members of opposition should they find something that is of national security. “I am not involved in politics, I am charged with the responsibility of stabilizing the political landscape of the country,” he said.

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!