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Masisi new immigration policy vindicates Mogae

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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Masisi, DIS come under scrutiny at UN Rights Committee 

25th October 2021
masisi & magosi

President Dr Mokgweetsi Masisi and the Directorate of Intelligence (DIS) came under the lens of the United Nations Human Rights Committee during the just ended dialogue between committee members and the Botswana delegation. 

Scores of issues, among them the country’s reports on topics including whether Masisi abused the State of Emergency Act during the COVID-19 pandemic and alleged surveillance and harassment of members of the public by DIS, were addressed at the session.

A Committee expert asked about legislation in the Penal Code allowing the Government to investigate people who expressed opinions against public figures, particularly the President. How many cases were there of journalists who had been investigated, prosecuted and tried?
Concerning the COVID-19 Emergency Powers Act, there was a provision for a fine or a five-year jail term for journalists using “source(s) other than the Director of Health Services or the World Health Organization” when reporting on COVID-19. The Committee Expert asked for the number of cases and other measures taken under this Act.

Another committee expert wanted to know that the scale and scope of electronic surveillance, which had sharply increased in recent years, was concerning. Furthermore, the Committee was troubled at the lack of a sufficient independent oversight mechanism over the Directorate of Intelligence and Security Services that reportedly had contributed to a growing climate of fear and chilling effect on journalists, human rights defenders and opposition politicians. In this respect, a Committee Expert asked about the measures taken by Botswana during the COVID-19 pandemic to ensure that the right to privacy was protected (collection and management of personal data).

The Expert also enquired about a database website, which was not functioning but was supposed to contain documents of Botswana’s international human rights commitments.
In terms of the freedom of assembly, while the Constitution of the State party guaranteed it, the Committee had received information that, in practice, the Public Order Act required citizens to apply to the nearest police for a permit to hold an assembly, and police had sometimes denied requests for unclear reasons.

The Committee Expert asked if the Public Order Act of the State party had been applied in conformity with those tests. Would the State party indicate the measures it had taken and/or intended to take to make the application of the law in question strictly compatible with the requirements under article 21? Furthermore, the Committee had also received allegations that police officers sometimes used force to compel gathering people to disperse. In this regard, the Expert asked for information on legal provisions and practical guidelines under which police officers may resort to force and any training programme if any, for police and other law enforcement officers to respect and ensure the right of peaceful assembly.

A Committee Expert asked about cases of holding people for longer periods under pre-trial detention than the maximum period provided for in legislation, 36 months, instead of six. Were there any plans to shorten the duration of pre-trial detention in legislation? The Committee noted that there was no provision for local community broadcasting. What measures were the State party taking to ensure that the local communities could also communicate in their language in the media?

What measures had been undertaken by Botswana to increase sustainable development in the country regarding climate change in particular. What efforts had been undertaken to ensure that customary courts worked up to speed? A Committee Expert asked about children in rural areas who travelled a long way to their schools. The delegation was asked about the independence of the Ombudsman Office, including provisions for appointing the Ombudsman. What budget was envisaged for this Office?

The Expert acknowledged the established procedures and institutions for anti-human trafficking but expressed concerns about the lack of reported cases. The Expert asked about the accountability of the public prosecution, as well as the intelligence services. Replying, the Botswana delegation, led by Presidential Minister Kabo Morwaeng, said there was an ongoing consultation for revising provisions that would ensure better protection for journalists and media freedom in Botswana.

Still, the delegation said, freedom of expression was assured in the State party without any restrictions, including in Parliament. There was an education programme providing the opportunity for children in primary school to be taught in their mother tongue. It also explained that the Ombudsman would be dealing with issues of human rights promotion and protection.

“National policies and procedures were envisaged to control the distribution of natural resources. Botswana was also taking measures to increase the access of minority groups to education. Regarding pre-trial detention, the delegation explained that the criminal procedure assured justice was preserved in the country,” said the delegation.

On the issue of torturer and alleged use of unreasonable force on suspects, the Botswana delegation explained that police officers were trained to use minimal force, ensuring that human rights were preserved, including in the cases of assemblies. On the use of surveillance, no legal provisions were breached, and such measures were used in accordance with national legislation. Legal aid was very costly, and it was not possible to keep the record in detail as asked by the Committee.

Morwaeng told the Committee that the Government maintained a robust consultative approach to policy development and legislative process. He said this was a system of governance that ensured that the voices of ordinary citizens were respected and taken into account in the social, economic and political process that affected them the most, giving full effect to the full enjoyment of human rights across the board. The delegation took due note of the views of the Committee, including the importance of harnessing information technology to give a broader appreciation of the provisions of the Covenant.

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Masisi on P1 billion water investment

25th October 2021
water project

The P1 billion water project launched by President Dr vMokgweetsi Masisi this week is said to be critical to the success of key projects planned in Lobatse – the Lobatse Milk Afric and Leather Park. After commissioning the multi-million Pula Masama-Mmamashia water project last week following its completion, on Thursday, Masisi performed ground-breaking ceremony of yet another major water project, the Lobatse Water Supply Master Plan (LWSMP1).

The water project was conceptualized in 2009 to address water shortage in areas along the Greater Gaborone zone. These areas include Ramotswa, Otse, Mogobane, Mankgodi, Manyana, Goodhope, Lekgolobotlo, Mmathethe, Molapowabojang and villages surrounding. It was said that some major upcoming projects in Lobatse such as Lobatse Leather Park, Milk Afric and the Pioneer Border Gate are dependent on the success of this project, in order for them to take off and operate effectively. The two projects have been struggling to take-off despite government having put the necessary resources.

The Lobatse Leather Park is anticipated to create about 4700 jobs at the initial stage and 7000 jobs at full capacity. The project entails the development of a complex for different tanneries with the support of state-owned beef company, Botswana Meat Commission. It will comprise primary infrastructure such as a common effluent treatment plant, sewage treatment plant, and others.

When operational, the park is expected to supply the private sector with hides and skins, raw to finished leather tanneries, and the manufacturing of different leather products. These products include shoes, belts, jackets, and others, thereby playing an instrumental role in stimulating economic activity. Leather Beneficiation Park is seen as important for the leather industry as it would ensure that Botswana moves from exporting raw leather to finished leather goods. It is said research has established that there are plenty of hides and skins in the country from the three million cattle and 1.8 million goats.

Meanwhile, Milk Afric dairy farm project which was expected to be complete by the second half of 2018, is in the wilderness after the initial partnership between Botswana Development Corporation (BDC) and Milk Afric failed to bear fruits. BDC has been searching for a new partner for the project. Once fully operational, the farm will produce a total of 21.9 million litres or one third of the national milk demand, which is 65 million litres a year. At present, Botswana imports over 58.8 million litres from South Africa at a cost of P345 million annually.

The P120 million project is a Public Private Partnership deal between Lobatse Town Council (LTC),  with 10 percent shareholding through leasing its 1375.4 ha farm for 25 years; and 26 percent (P40 million) by Botswana Development Corporation (BDC). When speaking at the groundbreaking ceremony held in Ramotswa, Masisi said, in addition to improving the water supply for domestic needs and livelihoods, this infrastructural development will facilitate major projects in the Lobatse region, which are critical to the ailing, old town.

“Our objective as a country is to align developments with the National Vision 2036 Pillar 3 on Sustainable Development, which recognizes water as a very scarce resource which requires strategic management by key players.” Botswana is a developing country with an increasing population, Masisi said, adding that an increase in population naturally causes exponential growth in the demand for water. This is a reality that Botswana is faced with and challenged to address for sustainable water supply, the President said.

He indicated that this is why they are continuously witnessing major water projects undertaken by government, in collaboration with key partners. “Gaborone and surrounding areas have been experiencing an acute water supply deficit due to infrastructure that has outlived its potential to meet the growing demand for water by citizens. This particular project entails the construction of a Pump Station at Forest Hill in Gaborone, a 57 kilometre pipeline from Gaborone to Lobatse and a new Northern reservoir.”

The project, awarded China State Construction and Engineering Corporation/Van and Truck Hire Joint Venture at over P1 billion, is currently at 49% of its completion stage. There are 637 jobs created by this water project. “The transmission pipeline will convey 63 million litres of water a day from Gaborone to Lobatse. This is a great improvement compared to an average supply of 14 million litres of water that has been supplied to Lobatse, Borolong and surrounding areas,” Masisi said.

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UN quizzes Botswana on gays, Sebina defilement case

25th October 2021
EU

The United Nations Committee on Human Rights has taken Botswana to task over what it considers to be discrimination laws against lesbians and gays and delay in prosecuting suspects in the infamous Sebina defilement case.  The Botswana delegation led by Presidential Minister Kabo Morwaeng found itself against the wall before the United Nations Human Rights Committee of experts in Geneva, Switzerland.  

First to take Botswana head-on was the UN Committee member, C SOH, who noted that the recent ruling of the High Court pays particular attention to the penal code penalising same-sex sexual conduct as it found that it infringed on the constitutional rights, dignity, liberty and privacy of the LGBTI persons (lesbians and gays).  “Nonetheless, I note with deep concern that those discriminatory provisions of the of the penal code remain in effect and regrettably the government stated in its periodic review before deciding whether or not to repeal section 164 it would still await the final determination of the court of appeal in the case of Motshidiemang vs State,” said Soh.

According to Soh, “This statement makes us cast doubt on the will of the government to vigorously” strike out section 164, which criminalises sex between people of the same sex.  “In this respect, I would like to ask the delegation to explain what the intended goal by the government was when it filed an appeal against the unconstitutionality ruling of the High Court,” he said. Soh said the Botswana Government had also explained that no persons had been convicted under this provision, section 164, ever since the penal code was enacted.

“However, media reports indicate that in August 2016, the government of a Gaborone Magistrate Court sentenced a man three years in prison who had been charged and convicted under section 164 for engaging in unnatural acts. Can the delegation explain these discrepancies relating to persons who have been convicted and sentenced under section 164 of the penal code,” he said.  He also wanted the Botswana delegation to explain how the government addresses how customary courts have been discriminating against LGBTI persons.

Another member of the UN Committee, Duncan Muhumuza, expressed concern that the Directorate of Public Prosecution (DPP) has taken more than four years to prosecute suspects in the Sebina saga in which a councillor was alleged to have slept with a student who was also a minor.
Replying to concerns raised by the UN experts, Mogakolodi Segwagwa, chief state counsel at the Attorney General Chambers, noted that one of the UN committee members has “become fearful that the fact that government appealed the case could be a sign that there is lack of will or doubt on the part of the government as to abolishing or outlawing of same-sex relations.”

“But I would like to assure the panel that Botswana has over the years proved itself at all times to be compliant with court orders. There are many examples I could put forward where the government had to make sure that court orders were executed. That is the assurance I can give out to the committee,” said Segwagwa.  He said there was a good reason for appealing the decision of the High Court in which it outlawed section 164.

“This was a High Court decision, and as you know in our jurisdiction when a judge is at the same court with his brothers and his sisters and fellow judges, whatever decision he puts out so far as that particular court is concerned, it is not law because it is not binding on his fellow brothers and sisters and it is not binding on fellow judges,” explained Segwagwa. He added that “It is merely persuasive so much so that some other judges may choose to when a similar case comes before him or her, depart and ignore the position that that particular judge espoused, and he or she can do so with ease.”

Segwagwa further explained that “There was a very pressing need for this matter to be appealed to the Court of Appeal for purposes of crystalising the law and for purposes of ensuring that if there is any aspect of the law that the High Court had overlooked in arriving at this particular decision, then such an aspect can be taken into consideration by the Court of Appeal.” “So we are waiting for that judgement, and once it comes, it will be implemented. I take it that the committee would like the Court of Appeal to uphold the decision below and strike out this particular section.”

He assured the UN experts that when the High Court struck out section 164 in 2019, the country did not erupt into violence, adding that this was an “indication that we don’t have anything against people of LGBT. They are our brothers and sisters, and we co-exist with them.”  Regarding the Sebina saga, Segwagwa said the painful case “where this councillor was said to have had sexual intercourse with a child is the police dealt with a matter as it is the law and we all know that the police are bound by their Act to do so without fear and prejudice.”

He said Upon completion of their investigation, “the matter was handed over to the prosecuting authority, as Mr Muhumuza had indicated, it has been four years and we concede that four years is a long time and that it is unreasonably a long time and that it defeats the whole adage that justice should be sweetest and freshest so much so that the case needed to be speeded along.”

He added that “But the problem we have which is not a problem in the sense of it being a problem, but the impediment we have in the sense that the Constitution created the Office of the Director of Prosecutions under section 51 subsection A and if you go to that particular section and you read subsection six, the director shall not be subjected to the control of another authority.”

Segwagwa said, “this is the section that was inserted in this constitution to safeguard the independence of the Director of DPP to ensure that he or she prosecutes matters without fear, favour and prejudice and it presents impediment where we can’t try and say to the DPP, go and register or indicate your position now, tomorrow or next year and that is why it has taken all this time, but we believe attempts are being made that it finds its way to the court.”

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