Masisi given ultimatum on explosive land issues
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President Mokgweetsi Masisi is facing an ultimatum with regard to controversial land disputes in the country especially in Gaborone peripherals.
Masisi, who has been in the highest office in the land for just over three months has been warned that he will lose in the next crucial 2019 General Elections should he not resolve the explosive land issues. “We appeal to the President Mokgweetsi Masisi as the last resort and the only option left now, to settle down these disputes before the next elections,” Gabane/Mmankgodi residents together with their area legislator Pius Mokgware said this week in a politically charged constituency press briefing.
He continued to point out that “it is in his (Masisi) interest or else he will lose the next elections as a leader of the ruling party and may lose state presidency,” Mokgware pointed out. Mokgware and residents said this after approaching the then Minister of Land Management, Water and Sanitation Services, Prince Maele to establish a land committee to address the issue.
At the centre of disputes is the “ridiculously low compensation” for those whom their land has been possessed by land boards which continues to give them money around “P35 000 while they demand another allocation instead.” The residents asserted therefore that they demand a fair compensation or else Masisi will see dust in the impending Elections.
“If you are given that P35 000 as compensation in accordance with the current Land Policy then what are going to do with it? Masisi’s government needs to change or review this Land policy as this compensation is ridiculously low. Every Motswana should be compensated accordingly,” Mokgware pointed out. The lawmaker continued to highlight that “they should look at the existing Land policy to see to it that people are allocated accordingly.”
“In addition there are more than 150 complaints at Kweneng Land board which has exposed the land board’s record system and its undesirable state.” Furthermore the land board has failed to properly demarcate the land as “there are no commercial, industrial, residential designated portions in our constituency,” fumed Mokgware who was interchangeably backed by residents. The land issue has become a hot potato issue in the country for years now especially during the 1994 era of the controversial Kgabo Commission report.
The report implicated the then Vice President Peter Mmusi and cabinet Minister Daniel Kwelagobe for their part in unconventional dealings in the land problems in Mogoditshane, Tsolamosese and other areas. Since some of the issues still remain unresolved to date, in 2016, a taskforce team was established between residents in Gabane/Mmankgodi constituency and officials from Ministry of Land Management, Water and Sanitation Services especially Kweneng Land board and Mogoditshane sub land board.
The taskforce was set up to investigate further the land matters in the area and recommend appropriate remedial measures between government and residents. However the area Member of Parliament (MP) Pius Mokgware revealed that the committee has not achieved its mandate because the government (land boards) is not forthcoming to resolve the stranded residents land disputes. “We have yet not received a favourable response from government.”
The residents of the disputed areas, especially Tsolamosese and Mogoditshane, were requested to pay the Land boards not more than P10 000 and undertake substantive ownership of the land equipped with land title certificates and this, to many, did not effect as promised. In addition Kgabo commission report liberated many of the residents, for any misdemeanor but the land boards set aside the recommendations and demolished their homesteads.
Therefore the failed taskforce was to look into, among others, the Kgabo Commission and the Presidential Pardon as declared on illegal squatters. According to the confidential terms of reference, the taskforce was also to investigate all plots allocated by Bogosi and establish if all such plot owners have been issued with certificates. “If findings indicate that some of those allocations are still without certificates, the committee shall identify why the land board is delaying such allocations.”
In addition, the taskforce was to establish how many people have long applied to regularize their plots and land they obtained through inheritance, and why the landboard is delaying action on their application. Furthermore, the probe team was also to establish why the land board acquired land without consulting and compensating farmers in some cases, for example, in Nkoyaphiri Industrial and Ledumadumane. The new-fangled commission was also to find out the number of people who had made agreements with the landboard to allocate their children plots when their ploughing fields were acquired.
Investigators specifically wanted to know as “to why in some cases the landboard failed to honour the agreement of allocating such children or some of them, and also, and why some children were denied allocation of plots on their obtained parents fields only because they got married or were married to land right holders”. Moreover, the taskforce was also to determine why the landboard is inconsistent in its land compensation as some farmers are compensated with plots why others the land board insists on monetary compensation.
“We were also to establish why in some cases the land board refused to regularize mekgoro (homesteads) of those whose farms were acquired; establish what the land board intends to do with cases where a farmer was compensated and refused to regularize homestead for the acquired ploughing field,” they assert in the official document. All in all it is anticipated that the taskforce will help bring the contentious land issue, which has been raging for over a long period of time, to a mutually acceptable conclusion.
On Opposition unity
Meanwhile, apart from the controversial land issues, when asked a question by this reporter on how the Gabane/Mmankgodi lawmaker will contest in the next elections following his defection from Umbrella for Democratic Change (UDC) to Alliance for progressives (AP) he said they will work together. “I believe in opposition unity, and AP also believes that, I can assure you that we will be together going into the next elections on whatever form or arrangement,” Mokgware stated.
He asserted that they currently have a good working relationship with the sitting councilors and believes they can still defeat the BDP together at the next polls. “I have a very good working relationship with councilors in my area and we believe we can triumph together if we continue to work together. My biggest objective is to see that the BDP doesn’t win the constituency,” he insisted.
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DCEC granted warrant to arrest Khama twins
The Directorate on Corruption and Economic Crime (DCEC) has been granted permission to apprehend the former Minister of Environment, Wildlife and Tourism, Tshekedi Khama, and his twin brother Anthony Khama.
Information gathered by this publication suggests that the DCEC is actively searching for the Khama brothers, this is in connection with events that transpired whilst Tshekedi was Minister of Environment. The duo is currently in exile in South Africa together with their elder brother, and former President Lt Gen Ian Khama.
Approximately two weeks ago, the corruption-busting agency discreetly filed for an arrest warrant that was approved by the Broadhurst Magistrate Court for the two to be taken into custody, according to a highly placed source within the government enclave.
DCEC is also said to have filed an affidavit signed by a high-ranking officer known to this publication. Reports indicate that after being presented with details of the case, the Broadhurst magistrate issued the agency an arrest warrant.
It is also believed that the agency has been conducting extensive investigations into the supposed suspects for quite some time. Furthermore, Weekend Post has it on good word that the DCEC has been looking for methods to summon the two for questioning but has been unsuccessful.
According to unconfirmed reports, DCEC met with attorney Victor Ramalepa, who refused to accept the summons, saying that he is not their attorney. Furthermore, it is believed that DCEC has enlisted the assistance of the Botswana Police Service (BPS) in flagging the suspects’ names in the International Criminal Police Organisation INTERPOL.
Responding to WeekendPost enquiries, DCEC spokesperson Lentswe Motshoganetsi said, “I am not in good position to confirm or deny the allegation,” adding that such allegations may fall within the operational purview of the DCEC.
When contacted for comment, Ramalepa briefly stated that he is unaware of the purported arrest warrant. “I know nothing about the warrant and I haven’t been served with anything,” he said.
Meanwhile, former president Lt Gen Ian Khama recently issued a statement stating that DIS is intensifying the harassment and intimidation of him, family, friends and office employees.
“It is reprehensible for state officials and agencies to abuse government resources to terrorise their own citizens for personal gain,” said the former president in a statement.
He also stated that his brother TK’s staff and security were ordered to falsely implicate him. “Their desperate tactics will never work, it only serves to motivate me more to pursue regime change and free Botswana from tyranny,” he said
This comes after the corruption busting agency wants to interview the alleged suspects as they are still hiding in South Africa since last year.
Despite the hostility between government and Khama family going unabated, last month, Masisi extended an olive branch to Khama in political rally, indicating that he hopes the two of them settle their differences, of which the former responded by welcoming the gesture.
Khama further said his brother, Tshekedi, will facilitate the reconciliation of his behalf. Many have indicated that Masisi did not say what he said in good faith, and was only scoring political brownies since he was in Khama’s territory in Shoshong.
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DCEC’s Tshepo Pilane still has his mojo
Tshepo Pilane silenced his critics after being named the head of the Directorate on Corruption and Economic Crime (DCEC) in May of last year and served his opponents humble pie. Many believed he would only last for a month, but almost a year later, he is still standing.
Pilane, a trained soldier whose appointment surprised both the general public and some officers within the DCEC walls, has never glanced back in his duty to steer the DCEC ship forward.
It is alleged that immediately after his appointment the man embarked on a nation-wide trip touring the DCEC offices across the country in order to confirm and reaffirm the DCEC’s mandate. Sources from inside the DCEC claim that Pilane won the hearts of many DCEC employees due to his humility and plain message; “people at the top of the DCEC will come and go but the mandate of the DCEC remains relevant and unchanged.”
Pilane was appointed the Acting DCEC Director General at a time when the organisation was undergoing turbulence through court proceedings in which the suspended Director General Tymon Katlholo had interdicted the Directorate of Intelligence and Security (DIS) from accessing the DCEC premises. At the time, the DIS had raided the DCEC offices in the absence of Katlholo claiming to be looking for high profile corruption cases allegedly held by Katlholo.
At the time Pilane was Head of the DCEC Intelligence Division holding the position of Senior Assistant Director General reporting directly to the Deputy Director General Operations Ms Priscilla Israel. Contrary to his detractors, Pilane who is a reserved and humble person by nature won the support and backing of many DCEC officers due to his unassuming nature.
In a recent questionnaire sent to the DCEC regarding Pilane’s term in office, the DCEC was resolute on its commitment towards the fight against corruption. When quizzed on allegations of rife corruption since he took over, Pilane through his Public Relations (PR) office stated that the corruption landscape in Botswana remains unchanged as the DCEC continues to receive reports on allegations of corruption with sectors such as procurement (tenders and supplies), Transport (licensing and certificates), and land (dubious allocation and collusion) still leading issues reported. This trend has been consistence in the DCEC database for more than 10 years.
When further quizzed on accusations that suggest that due to the infighting at the agency, particularly at the top management, Investigations of cases has dropped significantly the DCEC claimed ignorance to the matter, stating that they are not aware of any “infights” at the DCEC “at the top management”, further stating that, investigations of cases has increased significantly, contrary to the allegations raised. “The DCEC is currently seeking new ways of expediting the investigations in order to fast track its enforcement role,” said the DCEC Head of Public Relations Lentswe Motshoganetsi. He further stated that the DCEC is in pursuit of high profile cases involving money and assets valued over P900 million. Three companies are involved in the scandal and two cases have already been committed to court while on one, investigations are about to be completed.
When WeekendPost inquired about Pilane’s roadmap, the DCEC stated that in the past, anti-corruption interventions were reactive, particularly in dealing with national projects that involve large sums of money. It was further started that in most instances investigating such matters takes a long time and in most instances, the money looted form Government in never recovered. As a result, the DCEC has taken a deliberate stance to attach its officers from the Corruption Prevention Division to be part of the implementation of these projects before, during, and after implementation.
The DCEC cited the Economic Stimulus Programme which, although meant to grow the economy and uplift Batswana from poverty, yielded incidents of corruption and poor workmanship. To date, the DCEC is still grappling with cases as some projects were not done, or were completed with defects beyond repair. Currently the DCEC is involved at the Ministry of Education conducting project risk management in the Multiple Path Ways Program at Moeng College and Maun Senior School. This intervention will spread to other sectors of the economy as part of the DCEC’s corruption prevention strategy.
Of recent, the DCEC has been in the media for all the wrong reasons following leakage of high profile cases and allegations claiming that the executive management is at war with each other more particularly with some within the agency harbouring ambitions to dethrone Pilane from the Directorship.
Although the infighting was denied by Pilane’s Office, he acknowledged that leakage of information is a problem across Government and stated that it is a pain at the DCEC. He however stated that Staff has been cautioned against leakage of investigation information and that they have roped in the Botswana Police to assist in investigating incidents of leakage. He further stated that they have increased continuous vetting and lifestyle audits for DCEC employees in order to enforce discipline.
Pilane’s term comes to an end in May 2023 after serving the DCEC for a year on acting basis. It will be in the public interest to see who will be given the baton to continue the anti-corruption journey if Pilane’s contract is not renewed. The DCEC has seen arrival and departure of Director Generals having alternated the top seat five times in less than seven years.
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Botswana firms ICC support amid arrest warrant for Russian President
The Parliament is set to discuss proposed amendments to the laws related to the International Court Court (ICC). This development coincides with reports that the ICC has issued an arrest warrant for Russian President Vladimir Putin for his alleged role in the conflict in Ukraine.
It is not clear if this is a coincidence. For the fourth time, last year Botswana voted against Russia during the UN General Assembly’s condemnation of Russia’s attack on Ukraine.
The country’s continued support for the ICC is expected to irk other African countries that are still questioning the credibility of the ICC and those have also sworn alligence to Russia.
It has been reported that the Minister of Justice, Ronald Shamukuni, is expected to table the Bill regarding the amendments to the laws concerning the ICC in the Parliament soon.
The Bill seeks to criminalize various international crimes, including genocide, war crimes, and aggression. It also proposes to repeal and replace the 2017 Rome Statute of the ICC with amendments.
The latest Government Gazette indicated that the 2017 Act has some legal and constitutional implications. The proposed amendments seek to address these issues.Therefore, the Bill seeks to replace the 2017 Act with a new statute that will retain some of the provisions that do not conflict with Botswana’s Constitution.
The Bill aims to ensure that the obligations of Botswana as a State Party to the Rome Statute of the ICC do not conflict with the country’s Constitution.
The proposed Act will include addition of the crime of aggression which was not there in the 2017 Act. The proposed Act will remove clauses that conflict with Botswana’s Constitution such as article 17 of the Rome Statute of the ICC which provides that official capacity as Head of State shall in no case exempt a person from criminal responsibility under the ICC Statute.
The import of this provision (which the new law seeks to repeal) is that Botswana Courts will be constrained by section 41 of the Constitution to try a sitting President but the International Criminal Court will not be so constrained.
The proposed Act will also result in the amendment to the extradition Act which will provide for instances where Botswana is unable to extradite, for the Director of Public Prosecution (DPP) to instead prosecute on behalf of the foreign country (ICC) where it is determined that there is sufficient evidence to prosecute and sharing of suspected proceeds of crime and confiscated property with other countries.
“In this regard, the amendment to the Mutual Assistant in Criminal Matters Act empowers the DPP to enter into agreements for the reciprocal sharing of with a competent authority in a foreign country,” reads the note in part.
The Bill also includes a clause dealing with conspiracy which provides that a person who conspires in Botswana to commit an offence, in or outside the territory of Botswana, or who conspires outside Botswana to commit an offence in Botswana commits an offence and is liable to the same penalty as the penalty for the actual offence.
Other provisions of the Bill include those relating to superior orders not being a defence as well as the responsibilities of commanders and other supervisors. Furthermore, the Bill deals with issues such as jurisdiction which allows for proceedings to be instituted against a person under certain circumstances, where an act of constituting an offence under the Bill is committed by any person outside the territory of Botswana.
The Bill also provides that the limitations on certain criminal offences will not be applicable to the offences under the Bill. This means that the Prescriptions Act and other statutory limitations will not be applicable to the offences under the Bill. Other provisions of the Bill include the establishment of regulations and the powers of the Minister to make amendments to laws.
The latest developments involving the ICC have raised concerns about Botswana’s continued support for the court. Some of the countries that are critical of the court include Uganda and Kenya. They believe that the court only targets African countries for its alleged involvement in war crimes. In 2016, South Africa decided to withdraw from the ICC. South Africa was the second African nation to withdraw from the court after Burundi.
The decision by South Africa followed a controversy in 2015 when Sudan’s President Omar Al-Bashir was invited to the country despite an ICC warrant for his arrest. Yoweri Museveni, the Ugandan President, at that time commended South Africa for its decision to withdraw from the court.