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We broke the law to please Khama – Morupisi

Permanent Secretary to the President (PSP) Carter Morupisi has admitted on Friday (yesterday) that government has gone overboard with regard to the law just to please former President Lt Gen Ian Khama.

Morupisi made this startling revelation at a media briefing in Gaborone which was aimed at discussing the pension and benefits of former presidents especially with regard to Khama. The public service chief said former presidents; the late Sir Ketumile Masire and Festus Mogae never wanted special treatment extended to them from government with regard to pensions and benefits, but Khama continues to expect preferential treatment.

 “In all honesty I will be not fair and authentic to the late ex-president Masire if I state that he wanted the government to treat him with kids gloves and extended his benefits beyond what is in the rule book,” he stated. According to Morupisi, Masire never troubled government, even though he had many financial shortcoming and needs. In addition to Masire, the PSP also highlighted that even former president Mogae was welcoming and engaging.

“Most importantly he never wanted more than we can provide. When he had some displeasure over something he would rightly say it out to us without reaching such news into the public domain. We spoke in-house and resolved issues amicably in-house,” he pointed out.
The PSP confirmed that there is absolutely nothing special out of the ordinary known benefits and privileges that government has done for both former president Masire and Mogae, unlike Khama, those of which they can speak of.

PSP confirmed that government has awarded former President Khama 13 additional home and office staff against the law. “In other words if he was supposed to have four, we have given him 13 additional staff which is against the law. We broke the law here. It was just to help to second Khama,” he explained. He added: “There is a senior catering officer, a chief catering officer, which ordinarily only should work in the State House. But since Masisi has not moved into the State House we borrowed the staff to Khama.”

According to Morupisi, the straw that broke the camel’s back is now when government asks the staff to return stressing, “that is why we are in disagreement with Khama.”  At home, a former president is entitled to, in terms of the law, 2 maids, 1 gardener, and 1 bursary worker. So, it is understood that, with Mogae it is like that and its fine but for Khama, instead of having 2 maids, he was also awarded a chief catering officer sand senior catering officer on top of 2 bursary workers.

Morupisi tried to justify why he broke the law: “so, to avoid an out lash from tax payers and Batswana in general, I have employed a clause in the General Orders that speaks of secondment. I conferred the staff of the president to a secondment to office of the former President.”
The PSP said they admit being wrong with regard to the fact that, they did this when Khama was still president. In other words, he added that, Khama took decisions concerning the office he was heading to, of former President, while he was still president.

“He took away the prerogative of the then incoming president, to take such decisions as the law provides for that. A sitting president now, is the one entitled to take such decisions with regard to the benefits of the retired president (office of the former president.)  Morupisi emphasised that by then it was a very amicable understanding as they could not anticipate the hullabaloo that they are currently faced with regarding the fight between Khama and Masisi.

Even when he came into power, Morupisi stated that the incumbent President Mokgweetsi Masisi also asked where the PSP was getting the powers to take such central decisions.  “I failed to answer this key inquiry. And I said we were doing this with the then president to facilitate his exit, and acknowledged that we were wrong and asked the president for forgiveness and understanding,” Morupisi said.

“There is no one that we are going to sue. In fact, the Public Accounts Committee (PAC) is waiting to hold us accountable on this, in terms of who authorised the payment of additional staff that assists the former President Khama. That’s where they are going to catch us.”
I advised Khama, Morupisi highlighted adding that but Khama did not take the advices and the buck stopped with him as president. That is why, Morupisi continued, am not divorcing myself from those decisions that were still taken under Khama.
And to put more blame to him, the PSP admitted that the secondment was done as an advice from him as he wanted the staff to work for Khama and return them to their respective previous offices after 12 months.

Government also favoured Khama on overtime allowances

Despite admitting that the former presidents have to be treated equally, Morupisi conceded that with Khama it was not the case. We, he said, normally give overtime allowances to former president to use them on staff when circumstances requires to do so and they realised that, in 2018/19, Mogae’s office was reimbursed 160 000 for overtime while Khama’s was awarded 650 000 signalling the disparity between the former presidents.

“Out of that amount, Mogae only utilised 109 000 and Khama used a whopping 546 000. When you look at the records, Khama spent most money on villages to give away bread and soup as well as assisting his team, Super IV to play football. You be the judge on how this money is used,” he said.  

Morupisi also broke the law to accommodate Khama’s Pvt Sec Tlhalerwa

In another turn of events, it appeared that Khama’s Private Secretary Brigadier George Tlhalerwa earned for a salary scale that he was not supposed to be earning. Morupisi explained that: “Khama’s Tlhalerwa was awarded a three-year contract on May 2016 running for three years. But in 1 April 2018, was redeployed to be a Senior Private Secretary to former President Khama but he still retained all his benefits.”

But in a normal case, he added that when one becomes a Senior Private Secretary to former president it is a lower position than a Senior Private Secretary to a sitting President. “The former is Deputy Permanent Secretary Scale and the latter is Permanent Secretary Scale. So Tlhalerwa was paid the way he was previously, although in June 2018 he resigned on unclear grounds and we accepted,” he said.

Why government rejected Isaac Kgosi as Khama’s Pvt Sec

Tlhalerwa’s exit created a vacuum, and that is then that Khama asked government to hire for ex Directorate of Intelligence and Security (DIS) Director General, Colonel Isaac Kgosi as his Senior Private Secretary.  “But it was turned down because Kgosi has been expelled by President Masisi on controversial circumstances so it was for government to re-hire him again and we explained. However the matter is currently before court.”

Every new president presents a Policy shift

According to Morupisi, every new president comes with agenda that should be respected and followed. It is lawful, he said that every new president may come with a policy shift while they ascends to power like President Masisi is currently doing.  A leader of the Executive he directs the direction that a new government should take, the PSP emphasised. 

As examples, “from 1982 to 2017, at Ministry of Agriculture there was ALDEP. It was later reformed to ARAP until 2008 when it became ISPAAD under Khama. Masisi will review it to improve it. There was also SLOCA 1982 – 1987 it gave birth to LIMID. In 1978 – 1994 there was Constituency Community Programe, LG 70 to LG 110, at Ministry of Local Government. So with every new president comes with new direction.” 

Presidential Housing Appeal was started by Masire – PSP

The president housing appeal was started by not Khama, but former President Masire in 1994, and then it was named Small Borrowers Fund, Morupisi told the press adding that it assisted with a lot of things like school fees. “So the truth is Khama, you did not start this housing appeal,” he lashed out. According to Morupisi, Khama only made it to appeal to the private sector.

He justified: “the destitute housing programme, from 2006, it built 3336 houses and 1972 in some areas. We did these, from the Office of the President, even under Khama. But now we took an action, to avoid personalising programmes, that we started presidential housing appeal funds.”   

Dalai Lama visit: Khama’s security personnel was unlawful

In 2017, the 14th Dalai Lama, the head of state and spiritual leader of the Tibetan government-in-exile based in Dharamshala, India was invited to Botswana and cabinet discussed his visit 2 to 3 times in cabinet. Morupisi stated that they advised Khama against contravening one China policy and that as a sovereign state Botswana should meddle in other countries affairs “but Khama had the last word, as he wanted Lama to come saying he is human right activist.”

The PSP narrated that China assists Batswana with scholarships, they loan Botswana with little interests, send their specialist doctors to Botswana while paying for them. Most importantly, he revealed that as Debswana deputy Chair, 20% of Botswana diamonds are sold to China. “They also threated to close their Embassy. We urged Khama that the national interest far outweighs his interest. But Khama went ahead with his decision despite all these. He took security personnel with him.”

Morupisi confirmed that the security personnel that accompanied Khama to India, against governments order faces disciplinary hearing. “All security personnel must know that their allegiance is mostly to, nobody else but a sitting Commander In Chief. All the disciplinary forces, the ultimate responsibility and direction, they take them from the President. When he orders them they should take such orders without hesitation through his operatives. When he says go to war you go to war, when he says don’t you should not.”

Khama wants Morupisi to account for his retirement gifts 

Against what he said at Serowe, Morupisi told the media that when Khama retired Batswana gave him gifts those gifts he said, Khama should ask Tlhalerwa and his team about them not him. Meanwhile on Khawa, the PSP also reminisced that Khama said they are refusing his team to play at Khawa. “I want to clarify that his team is not owned by government but is for him as an individual and therefore government can’t spend on it.”

On transport, Morupisi pointed out that there is where they disagree, as government believes that the law states that former president can be availed transport on a case by case scenario as determined by a sitting president and that it is the prerogative of the president. “Now Khama interprets it differently that it’s a must for transport to be availed to him upon request,” he said. 

On transport, the PSP also confirmed that “out of 13 requests made by Khama, Masisi accepted 7 and rejected 4. Now all these issues are before court; Khama is using government.” When narrating this, the PSP wants the nation to make a sound judgement on whether they are on the right track or not treating Khama well – in terms of the law.  

What the law says: benefits of former presidents

The Pensions and Retirement benefits Act provides that; a former President is, upon ceasing to hold office, entitled to receive a tax free monthly pension equivalent to the monthly basic salary attached to the office of President the time that he or she ceases to hold office, or 80 percent of the incumbent President’s salary, whichever is greater.“The President shall upon dissolution of Parliament, or immediately ceasing to hold office as such, be entitled to receive a gratuity equal to 30 percent of his or current monthly basic salary multiplied by the number of months completed by him or her as President,” it further provides.

The Act states, however, that the benefits will not be paid should the former leader of state pay allegiance to a foreign power or State. When they are sentenced to death or to serve a prison term and the sentence has not been wholly suspended, a sitting President may withhold the benefits if he sees it fit. The gratuity, pension and all other benefits will be stopped in case the former President dies, or in case of marriage of the surviving spouse or when their dependent child reaches the age of 21 years.

The bill also states that when the former President, spouse or their offspring is ruled to be bankrupt, the pension, other benefits and their value shall not form part of the assets of their insolvent estate. In addition, the former President is entitled to a number of security officers as determined by the sitting President, two drivers, one private secretary, one secretary and one office attendant. It states that first class air travel is extended to international trips up to a maximum of 4 trips per annum(including a spouse if accompanying)and per diem for each trip as may be determined by a sitting President.

For transport needs a former president receives one sedan (Mercedes Benz or an equivalent or similar class of motor vehicle), one 4 wheel drive station wagon and one pick-up van and they will be replaced as and when necessary, like other government vehicles, albeit being in the permanent disposal of the former President. Every former president also receives entertainment allowance determined by a sitting President, telephone expenses as well as water and electricity expenses for the office and residence.

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 Zakhem vindicated

15th September 2021
Zakhem

Botswana Football Association (BFA) leadership appears to be bowing down to Nicolas Zakhem’s football pressure. The development comes to the open roughly 24 hours after the Gaborone United director publicly labelled Maclean Letshwiti and his committee failures for deciding to chop five premier league clubs under the pretext of club licensing disqualification.

As early as Wednesday noon, the BFA emergency committee met with one agenda item to discuss the possibility of reinstating the clubs. This publication gathers that the committee saw it fit to pardon the five clubs without entertaining a second thought. The committee even invited the clubs to the meeting, sources say.

Late last month, the five teams were disqualified from playing in the premier league, pending the appeal outcome. The teams are Notwane, Extension Gunners, BR Highlanders, Mogoditshane Fighters, together with Gilport Lions. The immediate decision by BFA follows what Zakhem had said and advised that it was wrong to chop clubs given the COVID-19 situation in the country.

Unbeknownst to BFA leadership, observers stress that Zakhem exerted public pressure and influenced them to change tone without asking. At the meeting, BFA president Maclean Letshwiti, his vices, Marshlow Motlogelwa and Masego Ntshingane, Aryl Ralebala, the Botswana Football League (BFL) chairman, together with Alec Fela, an ordinary member in the now stubborn NEC.

However, the reactive move by the association to reinstate the clubs is highly welcomed in certain quarters, but it also appears to have left a permanent scar, especially at BFL. As things stand, the general feeling on the ground is to oust chairman Ralebala for failing to defend these clubs before the eyes of President Letshwiti.

This publication has intercepted an ongoing petition to unseat Ralebala and his deputies from the BFL board. Strange enough, the signed petition has thus far attracted clubs with household influence in the league itself. GU, Township Rollers, Notwane, Extension Gunners, Police XI are some clubs that have already appended their signatures to have Ralebala removed.

The big clubs are believed to fighting for principle and demand fair governance at BFL. The reality is that these clubs command a large following, and sponsors can always have a say based on their presence.

When approached for clarity, Ralebala said he could not comment on allegations or issues that lack substance. He concedes that he has heard about the rolling petition but is yet to lay his eyes on it.
“I have heard about the petition, but I don’t know where it is coming from. I think it is best you ask those who have signed it. My focus is to commence the league and make sure everything is on point,” said Ralebala.

Football observers state that Ralebala, together with Letshwiti, are now faced with a dilemma. Reports coming from Lekidi Football Centre, although yet to be fabricated, are that the big guns lead others to form a parallel structure where they will play on their league. The clubs are angry at their chairman for taking many of the instructions from the BFA boss, and already a general melee is gathering traction that the two must resign as football has lost direction.

Zakhem says, although he supported Letshwiti, he has a sense of duty to stand for the truth. “I knew I supported Letshwiti and his troops, but you see, these guys have lost direction. I have long advised them that chopping clubs like this will cause confusion and delay progress, but they cannot listen. Letshwiti gave BFL autonomy, but I do not know why he is still interfering,” Zakhem said.

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The untold brighter side of the P100bn case fall

15th September 2021
President Dr Mokgweetsi Masisi

You may, by now, have heard about the dark side of the high profile P100 billion case, but wait, there is also the brighter side. Staff Writer AUBREY LUTE explores the positives accruing from the fall of the country’s biggest financial ‘scam-dal’.

A chance to fix the country’s financial record

They have not publicly been saying it, but the state agencies and the President, Dr Mokgweetsi Masisi, have been at pains to explain and rationalise how an amount almost equal to the country’s GPD left the central bank.

Many insiders attributed the country‘s troubled financial status to the case, including the grey-listing, non-compliance and identified deficiencies, some of which were hitting citizens around the globe. Botswana was in 2018 taken aback by FATF news that the country has been listed alongside countries that do not comply with (AML/CFT). The European Union Commission later flagged Botswana in March 2019 for lacking strategic deficiencies in AML/CFT regulations.

A chance to restore the dignity of the law enforcement arms

The case, without a doubt, was a distraction object on the law enforcement agencies, which spent a chunk of their time bickering and finger-pointing. A leaked audio recording exposing the explosive meeting of the law enforcement arms of government, being the Intelligence Services, Corruption and Economic Crimes agency, and the Prosecutions division summed it all.

The case presented a monumental crisis threatening the core of their being. Following these developments, the Presidency, clearly under the influence of a tripartite member, took a spine-chilling decision to disband the DCEC, a move that was saved by the organisation’s founding director- Tymon Katlholo’s bold protest.

The DPP, the Police, and the DCEC staff were used in the process to carry out bizarre instructions, some of which left the state with an egg on its face. Mistrust and backstabbing were the order of the day within the law enforcement agencies, and the P100 billion case was to blame. “Some badly wanted the plot executed while the other side badly wanted it to end to restore sanity,” an insider says.

The source further adds that “if the case did not end soon, it was going to end a lot of people’s relationships and careers because those who refused to carry the insane instructions were seen as sympathisers to former President Ian Khama.” With the case having fallen, these agencies can reflect, reconcile and go back to work.

A chance to fix diplomatic relations…

It was not only South Africa that was accused of Sabotaging Botswana’s prosecutorial goal. The state also accused several countries of refusing or delaying to assist in the process. Of all the nations, only South Africa has decided to take Botswana to task, perhaps on its proximity to Botswana. Others long ignored Botswana’s requests for assistance to the frustration of former DPP deputy director who repeatedly told the courts that they were struggling to get responses from the international community. With the case having fallen, Botswana may get a chance to face her actions, apologise and rectify the promise that lessons have been learnt.

Pressure off the shoulders of those who have to account…

The case did not only affect the law enforcement agencies. All the stakeholders were put in the spotlight to provide answers. The first to bolt out of the circle was the central bank, Moses Pelaelo, who, like DCEC director-general, long declared the case a scam. He told the world that his books were in order and that no money was missing risking his high-paying job.

According to insiders, his superiors, the then Minister of Finance and Development Planning – Dr Matsheka and his subordinate, Dr Wildfred Mandlebe, were only whispering, without success, to the Gods that there is no money missing.

So concerned and under pressure was Dr Sethibe- then the head of the Financial Intelligence Agency- who, like his Ministry supervisors, was engaging in silent screams to warn the powers that be, all in vain. He later jumped the ship to his former employer, the University of Botswana, allegedly to protect his name and career.

At the time of the fall of the case, the DIS and the DPP were at advanced plans to higher American to come and probe the Bank of Botswana’s servers in a move that bankers feared could compromise them further.

The case was bleeding the country’s coffers…

Had it not ended, the case was likely to end up ‘genuinely’ costing the country P100 billion Pula duo to its complexity and challenges. Insiders say sources who had sold the law enforcement agencies some falsified documents were paid handsomely.

Moreover, investigations were costly as they involved the international community and frequent travelling. “We are told there was also motivation for some officers to act abysmally and out of their way,” an insider said.

Lessons leant for public officers…

Public officers are often duty-bound to obey superiors instructions, no matter how irrational. The case was an eye-opener to many public officers that principle pays in the discharge of one’s duty at all times. The professional careers of the P100 billion case conspirators are currently in shambles. And as expected, the influencers, if at all there any, are nowhere to be seen.

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Botswana could exit FATF “greylisting” in October 

15th September 2021
President Dr Masisi & Minister of Finance and Economic Development Peggy Serame

Botswana remains on the grey list of the Financial Action Task Force (FATF) and the “black list” of the European Union, a status quo that highlights the country as one of the high-risk jurisdictions to deal with money.

The far-reaching implications of these listings is a compromised Foreign Direct Investment drive for Botswana. In particular, these listings mean investors now have to exercise some caution and restrain when thinking about putting their money in Botswana. On Tuesday, Minister of Finance and Economic Development Peggy Serame said that Botswana could see itself out of the “undesirable listing” by October this year.

Serame called for united and concerted efforts towards liberating Botswana out of this financial noncompliance tag. She said the delisting could be archived by concerted efforts from all stakeholders: players in the financial services sector, non-financial services businesses, regulators, and every individual who deals with transactions.

Botswana is a founding member of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG). This regional body subscribes to the Financial Action Task Force (FATF) to combat money laundering and financing of terrorism and proliferation.

One of the membership obligations to ESAAMLG is for Botswana to be peer-reviewed by the other Member States and other international bodies like the World Bank, IMF or FATF.
The most recent assessment for Botswana to gauge compliance with the FATF standards was conducted by ESAAMLG in 2016 and culminated with publishing the Mutual Evaluation Report (MER) in 2017.

Following the discussion and adoption by the Task Force and approval of the MER by the Council of Ministers, the country was placed under enhanced follow-up.  This led to a one (1) year observation period in which the country was expected to improve its technical compliance (legislative framework) by correcting the deficiencies identified in the MER.

After one year, in October 2018, the Task Force decided that the country was not taking sufficient steps to implement the recommendations made by the assessors in the MER.  The Task Force recommended that Botswana be referred to the International Cooperation Review Group (ICRG) for monitoring and potential listing often referred to as the ‘FATF greylisting”.

Following the FATF greylisting, the EU placed Botswana on its list of high-risk third countries, often referred to as the ‘black list.’ In 2018, Botswana and FATF agreed to an Action Plan that had six items with several timelines. In terms of Risk and coordination, Botswana was told to develop and implement a risk-based comprehensive national AML/CFT strategy, assess the risks associated with legal persons, legal arrangements, and NPOs, and operationalize the modernized company registry to obtain and maintain essential information and Ultimate Beneficial Ownership information.

Botswana was further advised to enhance the capacity of the supervisory staff, including by developing risk-based supervision manuals and providing adequate training, implement risk-based AML/CFT supervision and impose sanctions against violations.

Furthermore, Botswana was instructed to improve analysis and dissemination of financial intelligence by the Financial Intelligence Unit, including operationalizing an online Suspicious Transactions Report filing platform and prioritizing high-risk predicate crimes, and enhancing the use of financial intelligence among the relevant law enforcement agencies.

Regarding terrorism financing investigation, Botswana was instructed to develop and implement a Counter Financing of Terrorism Strategy, operationalize the Counter-Terrorism Analysis and Fusion Centre, and ensure the Terrorism Financing investigation capacity of the law enforcement agencies.

In 2018, the 11th Parliament passed 25 pieces and, later, six others related to AML/CFT/CFP. At the just ended Parliamentary session of the 12th Parliament, lawmakers passed the Financial Intelligence (Amendment) Act to address the definition of beneficial ownership.

Cabinet approved the National AML/CFT/CFP Strategy of 2019-2024 in October 2019. At the June 2021 FATF Plenary meetings, the FATF made the initial determination that Botswana had substantially addressed the Action Plan and that this warranted an on-site assessment to verify that the implementation of Botswana’s AML/CFT/CFP reforms is in place and is being sustained.
Furthermore, an assessment was to be instituted to check if the necessary political commitment remains to sustain implementation in the future.

Serame said in a televised press briefing that Botswana’s exit from the FATF grey list and the EU black list would be determined by the outcome of the on-site assessment, which will be discussed at the FATF Plenary in October 2021.

She revealed that the Botswana delegation attended the Eastern and Southern Africa Anti-Money Laundering Group 42nd Task Force of Senior Officials meeting from the 26th August to the 6th September 2021, followed by the Council of Ministers on the 7th September 2021.

She told the media that at these meetings, Botswana was commended for making progress in complying with the FATF standards by addressing deficiencies in her AML/CFT/CFP framework.
“We are making all these efforts of complying with the FATF standards so that we guard against our financial system being used for money laundering, terrorism financing and proliferation financing,” she said.

“We are hopeful that at the October 2021 FATF Plenary meetings, the outcome of the on-site visit undertaken by the FATF in August 2021 will bear positive results, leading to Botswana being delisted from the FATF greylisting,” she said. However, Minister Serame called on all stakeholders to support the government to remove Botswana from the greylisting.

“As Government continues its efforts of putting in place the necessary legislative and institutional framework, due diligence must be exercised by all institutions, including the ordinary Motswana, so that no one is found dealing with financiers whose credibility is wanting,” she said.

The minister reiterated that all players in the financial services sector had a role to play: “It is important that where unsolicited funds are offered, the individual or entity so receiving the offer must ensure that the funds being offered are not associated with unlawful acts. If we are not diligent, criminals may use unsuspecting people and entities to launder proceeds of crime.”

She reiterated that the government is committed to doing all within its power to remove the country from the FATF “grey list” and the EU “black list”. However, she noted that to achieve that requires the cooperation and assistance of financial institutions, designated non-financial businesses and professions and individuals to ensure full compliance with AML/CFT/CFP rules and regulations.

“These efforts will not only assist us to be removed from these mentioned lists but are for the benefit of our country to maintain a high standard of financial prudence and an economy which genuine investors can have the confidence to invest in,” Serame explained.

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