Masisi new immigration policy vindicates Mogae
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President Mokgweetsi Masisi and his cabinet announced this week that the current immigration policy will be overhauled, and be replaced with a more pro-investment policy, following turbulent investor relations with government during President Lt Gen Ian Khama’s reign.
Masisi addressed the media this week, revealing his roadmap that will guide his decisions during his presidency. Dorcas Makgato, the new Minister of Immigration, Gender and Nationality stated that she has been given a clear mandate by President Masisi to be at the forefront of the immigration system that will be an “enabler” for business instead of frustrating it, as it has been the case. The immigration system was also emphasised by new Minister of Investment, Trade and Industry, Bogolo Kenewendo as an integral part of business reforms that will transform the ease of doing business in Botswana.
This admission by the Masisi government that the country’s immigration system is somewhat troublesome vindicates many strong critics of his predecessor’s immigration policy. One such strong critic of Khama’s immigration policy was Mogae, who called the policy regressive and detrimental to the country’s economic success. In 2014, Mogae launched a scathing attack on Khama’s administration approach when dealing with foreign nationals.
“We were a small country that ran an open economy and open society but our present government has reversed all that. They have expelled over 2000 foreign professionals in six years years,” he said at an Africa Leadership Forum in Dar es Salaam, Tanzania. “In my country however I did my best endeavours by passing laws, but what is happening is that the present regime does not respect the rule of law. It is inward looking when we have prospered in the past because we have used professionals from all countries including Tanzania here.
We trained our people here, and in South Africa, Ghana, and Nigeria. But the present government has reversed all that, so I am not a good example when you are talking about success.” Mogae contended that foreign companies no longer wanted to come to invest in Botswana because they did not feel welcome. He also wanted Botswana to use immigration as a catalyst that will attract skilled foreigners for the benefit of the economy, as it is the case with successful economies such as the United States, Australia and Canada among others.
Mogae’s sentiments were shared by state owned entity, Botswana Investments and Trade Centre’s (BITC), which has been mandated with promoting foreign direct investments and export promotion of locally manufactured goods. In 2016, then Chief Executive Officer (CEO) of BITC, Letsebe Sejoe, when appearing before the Parliamentary Committee on Statutory Bodies and Public Enterprises, revealed that foreign investors were still finding it hard to pick Botswana as an ultimate place to do business because of the complications associated with running businesses in the country.
Sejoe, who has since left BITC under a cloud of controversy told the committee that Botswana is entirely opposite to what it has the world perceiving it as. He listed Permits and VISAs as the biggest challenge facing investors as he noted that delays in issuing the two frustrates inventors who end up going to other countries such as Rwanda, which has built a more conducive environment for investors.
The issue of permits and VISAs is reportedly handled by the Directorate on Intelligence and Security Services (DIS), which has unlimited discretion on who is accepted or rejected. The parliament committee also heard that there is no turnaround time agreed on, and that the premises and VISAs can be rejected without explanation. Sejoe said part of solving the problem is to create a legal framework or policy which will guide certain procedures needed to facilitate business for companies lured by BITC to do business in Botswana.
“For instance, in countries like Mauritius they have what they call silent means approval. If a permit is supposed to be processed within 24 hours and there is no response after that time, the applicant has the right to go ahead because lack of response shows no objection,” he said. “Government does not appreciate the enormous impact foreign direct investment can make in the country’s economy. We have this attitude of treating everyone the same. There is also lack of appreciation of frustration experienced by these investors,” Sejoe told the committee.
Sejoe said not only are new investors facing problems of permits, but that foreign owned companies, some of which have employed hundreds of citizens, are facing the same problem when they want to renew their permits. “Botswana is not an open economy like we say we are to the world. There are people who have been doing business in Botswana for over 30 years and government rejected their application for citizenship over the period and all of a sudden they were told to go,” he said.
“Investors are cagey on this. Some who are already doing business in Botswana are sceptical about expanding their business because their future in Botswana is uncertain. Investors need certainty and some level of predictability,” he further advised. Sejoe narrated that some companies with operational businesses in Botswana but with their directors residing outside Botswana have had their directors’ VISAs rejected when they wanted to attend a business meeting in Botswana; he said this recount proved that Botswana is a difficult environment to do business in.
The immigration policy was central to frustration of many sectors including tourism, which is Botswana’s second highest revenue earner after minerals. DIS’s excessive interference in the process has been mainstay in the previous administration’s immigration policy. WeekendPost understands that the tourism industry has also been hit hard as rejection of VISAs for tourists who want to visit the country has also been noticed. According to Ministry of Environment, Natural Resource Conservation and Tourism, the number of tourists visiting Botswana has been declining in recent years. Tourism is the country’s second biggest contributor to Gross Domestic Product (GDP) after the mining sector.
In 2015, another Public Accounts Committee (PAC) was told that for the financial year ending March 2015, Botswana lost P4 billion worth of investment, as investors who could not secure businesses in Botswana shifted their focus elsewhere. There was concern that Botswana was quickly earning a bad name for its self as its image as a friendly and welcoming nation had started to fade away. Indications were that countries like India, and China, who are one of the biggest investors in Botswana’s economy, were rejected in recent years, compelling them to look elsewhere.
DIS’s involvement in VISA process saw even accounting officers at immigration being left in the dark as to why some foreign nationals were placed on VISA restriction contrary to the agreement between their countries and Botswana. Countries like South Africa, United States, and United Kingdom have a diplomatic agreement with Botswana that their nationals do not require VISAs to visit Botswana.
Notwithstanding that, the department of Immigration has placed some citizens from these countries on VISA restrictions and those nationals have on several occasions been denied entry into Botswana. The PAC members pointed out that this created tensions between the countries implicated and therefore was detrimental to the country’s foreign policy.
MASISI TRANSFORMATION
As possibly part of transforming the immigration policy, Masisi dropped Edwin Batshu from the Immigration ministry, replacing him with Makgato. Makgato, who has also served previously as Minister of Trade and Industry, was instrumental in dealing with investors during her tenure at the Botswana Export Development Investment Agency, (now BITC), as Chief Executive Officer.Masisi has also relieved the controversial Director General of Directorate on Intelligence and Security (DIS), Colonel Isaac Kgosi from his duties, replacing him with Brigadier Peter Magosi.
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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.