BAOA keeps close eye on beleaguered KPMG
The Botswana Accountancy Oversight Authority (BAOA) continues to monitor the South Africa situation involving auditing giant, KPMG, with keen interest following a well-publicised saga involving Gupta Group of Companies.
BAOA Chief Executive Officer (CEO), Duncan Majinda told this publication this week that there are notable occurrences including some key KPMG clients having migrated away from the KPMG client portfolio. “These included the South African Auditor General, in addition there are allegations of a possible loss of 400 jobs,” Majinda said.
“While the problem is localised in South Africa, there is a concern that global network could also be affected. Botswana is concerned that worst-case may reflect KPMG’s going concern status being threatened, potentially with a significant impact upon the country’s auditing landscape as KPMG audits about 70 percent of the commercial banks in Botswana.” Majinda indicated that another concern is that under normal circumstances, standard international practice has established the Mandatory Audit Firm Rotation which is now in progress in South African and other parts of the world.
“Under the circumstances, the KPMG situation could compromise the audit rotation and other aspects across all firms in Botswana, particularly that some decisions are taken at global firm level,” argued Majinda. The investigations in South Africa on the KPMG saga are still ongoing from various investigating authorities including the South African Audit Regulator, and Independent Regulator Board of Auditors (IRBA).
The results are expected in late November to December 2018 according to BAOA supremo. “Pending the outcome of the investigations, the Authorities in Botswana will rely on undertakings by the global firm which has instituted a regime of clinical internal control protocols at firm level,” he said. “These monitoring control ecosystems are aimed at the review strengthening of controls and governance frame works within the firm along the lines of King IV. We believe a set of remedial actions by the global firm have been introduced in the area of the audit quality control.”
PERFORMANCE OF LOCAL AUDITORS
BAOA has a broad mandate as an independent regulator of the accounting and auditing profession in Botswana and oversees among others; the auditors and audits firms; professional bodies like BICA, ACCA, CIMA; financial reporting of public interest entities and their corporate governance and, standards setting of auditing, financial reporting, accounting education and code of ethics. “In essence, the Authority has an across the board and the overall oversight of the entire accountancy profession in the country,” said Majinda.
“Our main interest is audit quality and the compliance with international standards on auditing and that the assurance they give on financial statements is credible and appropriate.” According the BAOA CEO, in summary, 70 percent of the auditors largely meet the required auditing standards while 30 percent require some improvement in their quality.
Majinda noted that auditors and audit firms that do not meet the expected standards lose their practising licenses, indicating that so far, three sole practitioners have lost their practising certificates since the Authority started its reviews in 2013. Interestingly, Majinda observed following an introduction of a new area in the mandate of the institution, regarding corporate governance and financial reporting monitoring, it has merged that private and listed companies, and banks perform significantly better than state-owned enterprises
DIFFERENTIAL PERFORMANCES BETWEEN PRIVATE AND PUBLIC SECTOR
According to Majinda, poorly constituted boards without requisite balance of knowledge, skills and expertise are the main problems of poorly performing entities. “The engine of a car is the most important component of the car without which it cannot operate. By the same token, in an organisation, the Board and executive management is the engine of the entity,” he argued.
“Private and listed companies have very strong boards constituted along best international practice through corporate governance codes like King III and King IV. Parastatals on the other hand are dominated by pre-determined ex-officio appointments so that if there is such a balance, it is by coincidence rather than design.” Majinda said committees such as Remuneration, Nominations, Risk are not common with parastatals.
He however said, other determining factor maybe the fact that these public institutions have different mandates, as some are commercially oriented while others are geared towards providing a public good or service where commercial initiatives are constrained through, for example, controlled prices and levies. “That notwithstanding, good corporate governance can be applied right across industries and sectors, public or private, profit making or non-profit making, to ensure efficiency, effectiveness and economy in doing business,” he insisted.
Majinda stated that entities that fall short of expected standards may end up losing their practising certificate. “For other entities the law provides for heavy penalties and the regulator can also report them to their corresponding regulators and shareholders,” he said. BAOA recently signed a Memorandum of Understanding (MoU) with Public Enterprises Evaluations and Privatisation Agency (PEEPA) and together they will agree a coordinated way of instituting performances monitoring and compliance controls.
Majinda said, as President Mokgweetsi Masisi and Minister of Finance and Economic Development indicated their expectation of BAOA in the inauguration speech and budget speech respectively, it is in the interest of the public public for the state-owned entities to perform to expected standards and achieve the objectives for which they were established. “The other expectation is that of proper accountability so that the true figure of taxes due to government are declared and paid. The expectations are, therefore, legitimate and subject to the availability of resources to implement them, the profession should react accordingly,” he said.
ON HAVING TOO MANY REGULATORS
There is believe that Botswana have too many regulators such that they end up of cancelling each other’s work therefore creating a duplication. Majinda however does not believe this is necessarily true, indicating that the occurrence is bound to happen where an institution is regulated by various regulators. Majind said, an example can be a listed bank with an insurance arm for its loan book and a pension fund.
“Since the bank is listed, the BSE will regulate it to ensure that it complies with listings requirent; the Bank of Botswana will regulate it to ensure compliance with the banks’s prudential requirement; NBFIRA will regulate its insurance and pension business and BAOA will regulate it to ensure compliance with financial reporting, auditing and corporate governance,” he argued. “By the virtue of its presence in all these sectors, this bank could find itself being subject to regulation by four different regulators.”
Majinda contended that while there is a potential albeit limited overlap in the regulators’ mandates, albeit in a limited number of cases, the regulators have signed MoUs to buttress the potential duplication effort.“The allegations of multiple regulation are by those entities that are active in many different sectors and therefore do not want regulation by many regulators, however, it is not possible for one regulator to take care of all these difference business segments.,” he said.
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.