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Parliament gives Kgathis Trust Property Control Bill thumps up

The National Assembly has this week passed the Trust Property Control Bill No 16 which was tabled by minister of Defence, Justice and Security Shaw Kgathi. The bill, according to Kgathi seeks to establish an act to regulate the control of trusts; and to provide for matters connected therewith.

When presenting the bill which was tabled as a matter of urgency Kgathi pointed out that there has been no statutory law regulating the property of trusts and foundations in Botswana hence stating that this provides possible crimes such as money laundering. He pointed out that the bill is also in alignment with the Financial Intelligence Amendment Bill.


The bill targets trusts and foundations across the country. There have been concerns some trusts are established with the aim of pursuing a certain mandate only to be used to launder funds. Kgathi further reiterated that the bill proposes that all trusts should register with the Master of High Court as this will ensure efficient accountability as to what the trusts do as well as auditing of the trusts’ accounts.

He added, “There are too many trusts and foundations which have cropped up and this is a cause for concern. Some of the trusts are associated with fraud and swindling Batswana large sums of money while they are pushing their own interests to get riches at the detriment of Batswana.”

He continued to state that clause no 7 and 25 of the bill calls for any trust or foundation to furnish the Master of the High Court with all the details of its activities performed by the trust or its trustees, adding that clause 16 and 17 empowers the master of High Court to call for an investigation against any trust based on provision of reported irregulaties or misconduct by a foundation.

The members of parliament expressed diverse views while debating the bill. Maun East lawmaker, Kostantinos Markus said the bill is a good development. He pointed out that of recent, there have been cases of stealing money from Batswana by some trusts especially law firms. He also said law firms should be the most regulated and overseen. He called for stiff action against those found to be in illicit conduct, including termination of their trading licences.

Another Member of Parliament, Dithapelo Keorapetse said the bill is a step in the right direction as the trusts tend to acquire money from sponsors claiming that they are running charity organizations whereas they are serving interests of certain politicians. “These so called trusts and foundations have become problematic. They have been less regulated and are mostly associated with senior government officials as well as funding the ruling party activities such as the reports of BDP’s camp Dubai team which was funded by a certain trust during the party congress last year,” underscored Keorpetse.

The youthful legislator further added that, “to fight corruption, senior government officials should be investigated and be excluded from doing business with the government in terms of being given tenders including their relatives as well.” For his part the leader of Alliance for Progressives (AP), Ndaba Gaolathe also pointed out that it is very clear that trusts need to be regulated not only to control the risk with money laundering but to control fraudulent activities carried by some trusts.


Gaolathe also cautioned that the powers being given to the Master of High Court as stipulated by clause 17 should be reduced. “The clause 17 calls for the master to cause investigation as they deem fit to do so is overly broad and they need to be specifics set to enable a master to cause investigation might leave room for abuse of power to some extent.”

MP for Mahalapye West, Michael Molefhe is of the view that the law will seek to bring in place adequate accountability and transparency of notorious activities conducted by the trusts. He called for the law to be implemented equally amongst all trusts and foundations without only cracking on certain trusts and leaving outside others owned by the high class and elites. 


BOKO DEFENDS LAW FIRMS

However, Gaborone Bonnington North MP and leader of UDC, Duma Boko came with guns blazing defending law firms who some pointed out as the major source of controversy in relation to swindling Batswana money. Advocate Boko highlighted that law firms and their trust accounts are audited annually by professional auditors with the auditing overseen by Law Society of Botswana.

“I stand to debunk demonic myths that the trust accounts of law firms are not audited. Don’t tarnish the image of the law firms and question professional ethics because every commencement of the legal year the law firms are audited and the list of all compliant law firms is published in the local newspapers,” said the emotionally charged Boko.

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Over 2 000 civil servants interdicted

6th December 2022

Over 2,000 civil servants in the public sector have been interdicted for a variety of reasons, the majority of which are criminal in nature.

According to reports, some officers have been under interdiction for more than two years because such matters are still being investigated. Information reaching WeekendPost shows that local government, particularly councils, has the highest number of suspended officers.

In its annual report, the Directorate on Corruption and Economic Crime (DCEC) revealed that councils lead in corrupt activities throughout the country, and dozens of council employees are being investigated for alleged corrupt activities. It is also reported that disciplined forces, including the Botswana Defence Force (BDF), police, and prisons, and the Directorate of Intelligence and Security (DIS) have suspended a significant number of officers.

The Ministry of Education and Skills Development has also recorded a good number of teachers who have implicated in love relationships with students, while some are accused of impregnating students both in primary and secondary school. Regional education officers have been tasked to investigate such matters and are believed to be far from completion as some students are dragging their feet in assisting the investigations to be completed.

This year, Mmadinare Senior Secondary reportedly had the highest number of pregnancies, especially among form five students who were later forcibly expelled from school. Responding to this publication’s queries, Permanent Secretary to the Office of the President Emma Peloetletse said, “as you might be aware, I am currently addressing public servants across the length and breadth of our beautiful republic. Due to your detailed enquiry, I am not able to respond within your schedule,” she said.

She said some of the issues raised need verification of facts, some are still under investigation while some are still before the courts of law.

Meanwhile, it is close to six months since the Police Commissioner Keabetwe Makgophe, Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katlholo and the Deputy Director of the DIS Tefo Kgothane were suspended from their official duties on various charges.

Efforts to solicit comment from trade unions were futile at the time of going to press.

Some suspended officers who opted for anonymity claimed that they have close to two years while on suspension. One stated that the investigations that led him to be suspended have not been completed.

“It is heartbreaking that at this time the investigations have not been completed,” he told WeekendPost, adding that “when a person is suspended, they get their salary fully without fail until the matter is resolved”.

Makgophe, Katlholo and Kgothane are the three most high-ranking government officials that are under interdiction.

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Masisi to dump Tsogwane?

28th November 2022

Botswana Democratic Party (BDP) and some senior government officials are abuzz with reports that President Mokgweetsi Masisi has requested his Vice President, Slumber Tsogwane not to contest the next general elections in 2024.

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African DFIs gear to combat climate change

25th November 2022

The impacts of climate change are increasing in frequency and intensity every year and this is forecast to continue for the foreseeable future. African CEOs in the Global South are finally coming to the party on how to tackle the crisis.

Following the completion of COP27 in Egypt recently, CEOs of Africa DFIs converged in Botswana for the CEO Forum of the Association of African Development Finance Institutions. One of the key themes was on green financing and building partnerships for resource mobilization in financing SDGs in Africa

A report; Weathering the storm; African Development Banks response to Covid-19 presented shocking findings during the seminar. Among them; African DFIs have proven to be financially resilient, and they are fast shifting to a green transition and its financing.

COO, CEDA, James Moribame highlighted that; Everyone needs food, shelter and all basic needs in general, but climate change is putting the achievement of this at bay. It is expensive for businesses to do business, for instance; it is much challenging for the agricultural sector due to climate change, and the risks have gone up. If a famer plants crops, they should be ready for any potential natural disaster which will cost them their hard work.

According to Moribame, Start-up businesses will forever require help if there is no change.

There is no doubt that the Russia- Ukraine war disrupted supply chains. SMMEs have felt the most impact as some start-up businesses acquire their materials internationally, therefore as inflation peaks, this means the exchange rate rises which makes commodities expensive and challenging for SMMEs to progress. Basically, the cost of doing business has gone up. Governments are no longer able to support DFIs.

Moribame shared remedies to the situation, noting that; What we need is leadership that will be able to address this. CEOs should ensure companies operate within a framework of responsible lending. They also ought to scout for opportunities that would be attractive to investors, this include investors who are willing to put money into green financing. Botswana is a prime spot for green financing due to the great opportunity that lies in solar projects.

Technology has been hailed as the economy of the future and thus needs to be embraced to drive operational efficiency both internally and externally.

Executive Director, bank of Industry Nigeria, Simon Aranou mentioned that for investors to pump money to climate financing in Africa, African states need to be in alignment with global standards.

Do what meets world standards if you want money from international investors. Have a strong risk management system. Also be a good borrower, if you have a loan, honour the obligation of paying it back because this will ensure countries have a clean financial record which will then pave way for easier lending of money in the future. African states cannot just be demanding for mitigation from rich countries. Financing needs infrastructure to complement it, you cannot be seating on billions of dollars without the necessary support systems to make it work for you. Domestic resource mobilisation is key. Use public money to mobilise private money. He said.

For his part, the Minster of Minister of Entrepreneurship, Karabo Gare enunciated that, over the past three years, governments across the world have had to readjust their priorities as the world dealt with the effects and impact of the COVID 19 pandemic both to human life and economic prosperity.

The role of DFIs, during this tough period, which is to support governments through countercyclical measures, including funding of COVID-19 related development projects, has become more important than ever before. However, with the increasingly limited resources from governments, DFIs are now expected to mobilise resources to meet the fiscal gaps and continue to meet their developmental mandates across the various affected sectors of their economies. Said Gare.

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