Connect with us
Advertisement

Boko must pay P12 million to fly

After untidy skirmishes between the Botswana Unified Revenue Services (BURS) and the Umbrella for Democratic Change (UDC) over the ‘illegal’ flying of aircrafts over Botswana skies by the leader of the main opposition party, the former has availed a checklist of temporary admission of aircraft into the Botswana skies to the party’s lawyers.

After two of the aircrafts he was using for electioneering were grounded by the BURS and his pilots interrogated and later fined P50 000 by the tax collector, UDC President Duma Boko has taken steps to distill the process. The aircrafts were landed to Boko by Waleed Helicopter Services (PTY) Ltd. Boko recently instructed the UDC, Bayford and Associates to ask for a requisite BURS checklist for purposes of temporary importation into Botswana of aircraft intended for use in election campaign.

Dick Bayford, the UDC lawyer held a meeting with BURS officials on the 8th of May 2019 attended by attorney, Aobakwe Monamo and BURS General Manager, Investigations, Compliance and Enforcement Department, Mr Kanone B Molapo. The purpose of the meeting was to push BURS officials to share a checklist with the UDC for purposes of temporarily importing aircraft for election campaign.

“We explained to your Mr Molapo that our clients are desirous of importing into the country on temporary basis a fixed wing aircraft and helicopter for election campaign purposes and none other. That upon expiry of the period of their use in Botswana, as would be advised in due course, same would be re-exported,” reads Bayford’ memo dated 9th May 2019 to BURS. Bayford further notes that “Mr Molapo has not availed us a templated checklist of the requirements sought, but has drawn our attention to relevant provisions in both the Customs Act, 2018 and the Value Added Tax Act which are applicable.”

For the avoidance of doubt and to distill a common understanding on the said provisions and the advice rendered by Mr Molapo, Bayford took liberty to share his interpretation of the two Acts in relation to temporary importation of aircrafts for purposes of an election campaign.
In terms of Section 184(1) BURS shall grant a temporary admission procedure where it is possible to ensure the identification of imported goods at the time of re-export. “In our respectful view, usage of the word “shall” denotes that once the condition precedent is met (ie assurance as to identification) it is mandatory upon BURS to grant a temporary admission procedure,” writes Bayford.

The UDC lawyer also notes that Mr Molapo had drawn their attention to section 185(1) of the Act which provides that BURS may clear goods for temporary admission without a standard customs declaration if it is satisfied that goods will be subsequently re-exported.
“Our instructions are that the aircraft intended for temporary admission would be subsequently re-exported. They will be kept at all material time, save when they are in use, at an officially designated customs airport in Botswana until exportation and by reason of this fact, their subsequent re-exportation is assured. Therefore we pray that they be exempted from standard customs declaration,” says Bayford.

When addressing Section 189 of the Act which deals with temporary admission with conditional relief, Bayford notes that the Customs Act, “means of transport” may be placed under temporary admission procedure with conditional relief of import duties and taxes. “As the above provision is not mandatory, but consider upon yourselves a discretion, Mr Molapo advised that clients could make a proposal on imposition of conditional relief of import duties and taxes.”

UDC, through its lawyers proposed that their aircrafts, as and when they arrive in Botswana, be placed under temporary admission procedure with conditional relief of import duties and taxes. “We respectfully submit that such an exercise of discretion would in the circumstances be apposite considering the fact that same are not to be used for any commercial purposes, but as a facility for advancing the democratic process of electioneering guaranteed under the national constitution,” explained Bayford in his letter to BURS.

Section 196 of the Customs Act indicates that the customs office may require that a means of transport for commercial use that is registered abroad be subject to a customs document and adequate guarantee. The UDC has pleaded with the BURS to apply its discretion as per the law and exempt from the provisions.

In itsv response BURS has noted that section 184 authorizes it to allows “a temporary admission procedure where it is possible to ensure the identification of imported goods at the time of re-export” or where “in view of the nature of the goods or nature of the operations to be carried out, the absence of identification measures is not likely to lead to abuse of the procedure.” The BURS through Mr Molapo notes that “BURS may clear goods for temporary admission without a standard customs declaration if it is satisfied that the goods will be subsequently re-exported.”  

Molapo further observes that if temporarily admitted goods are not the subject of a carnet, BURS may require the submission of a guarantee if it is satisfied that the goods will subsequently be re-exported. “Under section 189 (1) of the Act, goods, including means of transport “may be placed under the temporary admission procedure with conditional relief of import duties and taxes.” The essence of the provision is that there will be relief from, or suspension of, the otherwise chargeable duties/taxes on the affected goods/means of transport. However BURS is given latitude to impose such conditions as it deems fit to safeguard the suspended taxes. Such condition may be the guarantee requirement introduced by section 186 of the Act,” Molapo explained to UDC lawyers.

Molapo has advised UDC that they are required to submit a guarantee worth 12% of the market value of the aircraft and upon satisfying this condition the aircraft would be temporarily admitted for a period of not more than three months. “In case of conformance to all the stipulated condition, on exportation of the goods the undertaking for the payment of the otherwise payable taxes shall be discharged; in case of failure to export within the pre-stated timeframe or violation of any of the imposed conditions, then the hitherto suspended Value Added Tax (VAT) become payable, and reckoned from the date of first importation,” further explains Molapo.

The BURS General Manager also explained that the recipient of the services rendered by the owners of the aircraft (Waleed Helicopter Services Pty Ltd) should account for the VAT payable. On the full checklist, the UDC must provide a declaration concerning the aircraft; its itinerary; the goods onboard; any passengers and crew on board; the destination of such passengers’ crew and goods; and any stores on board; valuation of the aircraft. Finally the UDC must pay a temporary deposit equivalent to applicable duties and taxes.

So far Boko has used a 2017 Augusta A109SP which is valued at US$ 5 950 000 which translates to about P50 million of which 12% translates to P6 million. But depending on their age, other models could come at a bit lower prices of just under P20 million which would require the UDC to fork out about P2 million as guarantee to the BURS and further ensure that there is no violation of the preset conditions for the temporary admission of the aircraft or face penalties including paying all tax payable.

Continue Reading

News

Fighting vulture poisoning in KAZA region.

3rd February 2023
As a response to avert vulture poisoning currently going on in Botswana and KAZA region, Birdlife Botswana has collaborated with three other partners (BirdWatch Zambia, BirdLife International & Birdlife Zimbabwe) to tackle wildlife poisoning which by extension negatively affect vulture populations.

The Director of Birdlife Botswana, Motshereganyi Virat Kootshositse has revealed in an interview that the project which is funded by European Union’s main goal is to reduce poisoning related vultures’ death and consequently other wildlife species death within the KAZA region.

He highlighted that Chobe district in Botswana has been selected as a pilot site as it has experienced rampant incidents of vulture poisoning for the past few months. In August this year at least 50 endangered white backed vultures were reported dead at Chobe National Park, Botswana after feeding on a buffalo carcass laced with poison.  In November this year again 43 white backed vultures were found dead and two alive after feeding on a zebra suspected to have poisoned.  Other selected pilots’ sites are Kafue in Zambia and Hwange in Zimbabwe.

Kootshositse further explained they have established a national and regional Wildlife Poisoning Committee. He added that as for the national committee they have engaged various departments such as Crop Productions, Agro Chemicals, Department of Veterinary Services, Department of Wildlife and National Parks and other NGOs such as Raptors Botswana to come together and find a long-lasting solution to address wildlife poisoning in Botswana. ‘Let’s have a strategy or a plan together to tackle wildlife poisoning,’ he stated

He also decried that there is gap in the availability of data about vulture poisoning or wildlife in general. ‘If we have a central point for data, it will help in terms of reporting and advocacy’, he stated

He added that the regional committee comprises of law enforcement officers such as BDF and Botswana police, village leadership such as Village Development Committee and Kgosi. ‘We need to join hand together and protect the wildlife we have as this will increase our profile for conservation and this alone enhances our visitation and boost our local economy,’ he noted

Kootshositse noted that Birdlife together with DWNP also addressed series of meeting in some villages in the Chobe region recently. The purpose of kgotla meetings was to raise awareness on the conservation and protection of vultures in Chobe West communities.

‘After realizing that vulture poisoning in the Chobe areas become frequent, we realise that we need to do something about it.  ‘We did a public awareness by addressing several kgotla meetings in some villages in the Chobe west,’ he stated

He noted that next year they are going to have another round of consultations around the Chobe areas and the approach is to engage the community into planning process. ‘Residents should be part of the plan of actions and we are working with farmers committee in the areas to address vulture poisoning in the area, ‘he added

He added that they have found out that some common reasons for poisoning wildlife are farmers targeting predators such as lions in retaliation to killing of their livestock. Another common incident cross border poaching in the Chobe area as poachers will kills an elephant and poison its carcass targeting vultures because of their aerial circling alerting authorities about poaching activities.

Kootshositse noted that in the last cases it was disheartening the incidents occurred three months apart. He added that for the first time they found that some of the body parts of some vultures were missing. He added harvesting of body parts of vultures is not a common practice in Botswana, although it is used in some parts of Africa. ‘We suspect that someone took advantage of the availability of carcasses and started harvesting their body parts,’

Continue Reading

News

Giant in the making: Everton Mlalazi

3rd February 2023

The music industry is at a point where artists are jostling for space because there are so many aspirants trying to get their big break, thus creating stiff competition.

In the music business it’s about talent and positioning. You need to be at the right place at the right time with the right people around you to propel you forward.
Against all odds, Everton Mlalazi has managed to takeover the gospel scene effortlessly.
To him, it’s more than just a breakthrough to stardom, but a passion as well as mission directly appointed by the Lord.

Within a short space of 2 years after having decided to persue a solo career, Mlalazi has already made it into international music scene, with his music receiving considerable play on several gospel television and radio stations in Botswana including other regional stations like Trace Africa, One Gospel, Metro FM in South Africa, Hope FM in Kenya and literally all broadcast stations in Zimbabwe.

It doesn’t only stop there, as the musician has already been nominated 2 times and 2 awards which are Bulawayo Arts Awards (BAA) best Male artists 2022, StarFM listerners Choice Award, Best Newcomer 2021 and ZIMA Best Contemporary Gospel 2022, MLA awards Best Male artist & Best Gospel Artist 2022.

Everton’s inspiration stems from his ultimate passion and desire to lead people into Godly ways and it seems it’s only getting started.
The man is a gospel artist to put on your radar.

Continue Reading

News

African countries call on WHO to increase funding

2nd February 2023

Minister of Health Dr Edwin Dikoloti says Africa member states call on World Health Organization (WHO) to ensure equitable resource allocation for 2024-2025. Dr Dikoloti was speaking this week at the WHO Executive Board Meeting in Geneva, Switzerland.

He said countries agreed that there is need to address the budget and funding imbalances by increasing the programme budget share of countries and regions to 75% for the next year.

“The proposed budget for 2024-2025 marks an important milestone as it is the first in Programme Budget in which country offices will be allocated more than half of the total budget for the biennium. We highly welcome this approach which will enable the organization to deliver on its mandate while fulfilling the expectations for transparency, efficiency and accountability.”

The Botswana Health Minister commended member states on the extension of the General Programme of Work (GPD 13) and the Secretariat work to monitor the progress towards the triple billion targets, and the health-related SDGs.

“We welcome the Director’s general proposed five priorities which have crystalized into the “five Ps” that are aligned with the GPW 13 extension. Impact can only be achieved through close coordination with, and support to national health authorities. As such, the strengthening of country offices is instrumental, with particular focus on strengthening national health systems and on promoting more equitable access to health services.”

According to Dr Dikoloti, the majority of countries with UHC index that is below the global median are in the WHO Africa region. “For that, we call on the WHO to enhance capacity at the regional and national levels in order to accelerate progress. Currently, the regional office needs both technical and financial support in order to effectively address and support country needs.”

Continue Reading