Leader of newly formed political party, Alliance for Progressives (AP), Ndaba Gaolathe has attributed the current corruption scandals sweeping across the country to the lack of strong institutions and poor oversight.
He said the poor foundation laid out in the country’s three arms of government which gives more powers unnecessarily to the Executive has resulted in the corruption mess as every accountability institution reports to the Executive. In terms of the 3 arms of government; Legislature, Executive and Judiciary, the soft spoken Gaolathe maintained that the Executive remains powerful as compared to others although ideally they should be on the same level.
Gaolathe said this in light of the current setting in government where most oversight and accountability bodies like the Ombudsman, Directorate on Corruption on Economic Crime (DCEC), Directorate on Intelligence and Security Services (DISS), Independent Electoral Commission (IEC) and to some extent the Judiciary (Chief Justice) all report to and are financed by the Executive and therefore by extension not totally independent.
“There are no independent and trustworthy institutions that can take on the public confidence in dealing with such corruption taking place in the country. That is why we are suspicious of each other at the moment; we know longer even trust each other. Our country is now in a total mess,” Gaolathe said at a Public Lecture/Meeting on Corruption this week held in Gaborone.
The public lecture came at a time when there are strong allegations that link President Lt. Gen. Dr. Seretse Khama Ian Khama, Vice President Mokgweetsi Masisi, DISS Director General Isaac Kgosi, Minister of Youth Empowerment, Sport and Culture Development Thapelo Olopeng and Minister of Mineral Resources, Green Technology and Energy Security Sadique Kebonang among other top government officials – to high magnitude corruption.
In the said biggest financial scandal in Botswana involving P250 million, an attorney representing Bakang Seretse in the case, Kgosi Ngakaagae said in court last week that the country’s top politburo may have unduly benefitted from the controversial National Petroleum Fund(NPF) – which they all denied.
In the ongoing case, Gaolathe said even if the culprits can be taken to book and the money returned to the government purse, the issues will still come back in future to haunt us (or repeat itself) owing to governance issues (still). “These issues have turned this country into a fertile ground and paradise of corruption,” he pointed out.
According to Gaolathe, in terms of the corruption at NPF, “to be honest with you, I doubt anybody really knows what happened; it’s just a tip of the iceberg. But all indications suggest that the money landed in the wrong pockets.” He continued: “we don’t even know how much money was taken from the fund, although I have seen numbers been dropped up like 250 million, 300 million etc. But that’s just a transaction that has leaked, this shows there might be other transactions which have not leaked to the public. We don’t even know when the looting started. In this circus, some have broken their constitutional vow not to steal from the public purse.”
Calls for a commission of inquiry on corruption allegations
According to Gaolathe, “when we don’t know the answers to all this for now, we must be honest, and look for answers from those with the technical expertise to assist find out with a fair and transparent exercise.” “They should be fair to everyone involved. That’s why we are saying that let there be an independent commission of inquiries to find out who stole how much and clear others who are not in any way involved. We want a motion for a commission of inquiry on the abuse of the National Petroleum Fund and general abuse of public resources,” he said.
He added: “Even I have been accused of receiving 1 million through corrupt means of the controversial NPF but the inquiry will put that to bare if correct and I will also be brought to book if found to be implicated.” Gaolathe pointed out that his motion differs from the Public Accounts Committee (PAC) one which calls for the review of the NPF.
The NPF has a fund order; he said adding that it’s basically used in case of increases in petroleum fee; some money will be used to caution motorists with such high prices of fuel. The other role, he added, is to build strategic fuel reserves for use in future in times of need. “Some countries that supply us with fuel may also get into war and this may adversely affect us, and in cases of delay of fuel.”
Parliament role in Botswana in funds like NPF is insufficient
The son of the former and late Minister of Finance and Development Planning Baledzi Gaolathe highlighted that in American parliament in terms of the NPF, it has a bigger role than Botswana. “Pity, with us we have a Committee of Supplies; the Minister presents his proposals and parliament rubber stamps and that is not a proper procedure. But parliament should have committees that oversee the use of public funds and can have a significant contribution.”
The country, he said, has many public funds and levies but there is one big fund called Consolidated Fund which takes part of the government money that it disperses to the public. Others include National Disaster Funds, Botswana Public Officers Pension fund (BPOPF), National Petroleum Fund (NPF).
“Some countries like the US have a solid foundation of a constitution, in which you cannot be corrupt in any way. But in terms of our constitution, when the President becomes implicated in corruption it becomes a total mess. The Constitution makes the president to tow the line unlike in our country.” According to Gaolathe, the arms of government of Botswana do not have a firm, strong and solid foundation.
“By not necessarily pointing fingers at anyone, we are only revealing our findings as sent by you. We found out that the executive and parliament are less resourced and very weak. In some countries of the world, some Student Representative Councils (SRC’s) are more resourced than our parliament. Those SRC’s are equipped with their in house lawyers. They also have some economists dedicated to the Councils,” he pointed out.
The Gaborone Bonnington South lawmaker said, in the case of Botswana even parliament lacks a department consisting of attorneys. “Where have you seen people assigned with making laws but without any lawyers to guide such process? It’s the first time to witness such in my life,” he lamented. He raised concern that there is no “economics” department at parliament that would oversee the budget of the national cake and see whether it is fair and transparent. “At the moment there is no economist even purely dedicated to assist the executive or Ministry of Finance and Development Planning to assist in country’s economic forecast and day to day business.”
Botswana should establish a Comptroller General not Auditor General
In America he said they have what is known as ‘government accountability office’ headed by a Comptroller General. “In Botswana the office is almost similar to that of the Auditor General. The difference between these offices is that in Botswana, the Executive is more powerful. That is why all ministries and even Auditor General report to the Executive.”
Gaolathe highlighted that the Comptroller General in other countries like US, unlike Botswana, does not report to the Executive but rather to parliament. Parliament, he said has legislative agencies just like there are government ministries for the Executive. “The Auditor General is therefore very independent in that way in those countries, they can’t even touch him. Even his contracts and salaries are done by parliament.”
The Comptroller, he said, has been disagreeing with the Central government in America for long, since 1996, and they have been calling for prudent spending of government funds while denouncing heavy budget on the military and others. “If we had such an independent office such as Comptroller General in Botswana, the corruption issues currently engulfing the country would be no more. In times like these, the local Comptroller General would tell us that there has been corruption where and how, and to what extent,” he said.
The United States (US) will on the 3rd of November 2020 chose between incumbent Donald Trump of the Republicans and former Vice President Joe Biden of the Democrats amid the coronavirus pandemics, which has affected how voting is conducted in the world’s biggest economy.
Trump (74) seeks re-election after trouncing Hillary Clinton in 2016, while Biden (77) is going for his first shot as Democratic nominee after previous unsuccessful spells.
US Presidents mostly succeed in their re-election bid, but there have been nine individuals who failed to garner a second term mandate, the latest being George W H. Bush, a Republican who served as the 41st US President between 1989 and 1993.
Dr Mark Rozell, a Dean of the School of Policy and Government at George Mason University in Arlington, Virginia describes the complex US electoral system that will deliver the winner at the 3rd November elections.
“The founders of our Republic de-centralised authority significantly in creating our constitutional system, which means that they gave an enormous amount of independent power and authority to State and local governments,” Dr Rozell told international media on Elections 2020 Virtual Reporting Tour.
Unlike parliamentary democracies, like Botswana the United States does not have all of the national government elected in one year. They do not have what is commonly called mandate elections where the entire federal government is elected all in one election cycle giving a “mandate” to a particular political party to lead, and instead US have what are called staggered elections, elections over time.
The two house Congress, members of the House of Representatives have two-year long terms of office. Every two years the entire House of Representatives is up for re-election, but senators serve for six years and one third of the Senate is elected every two years.
For this election cycle, US citizens will be electing the President and Vice
President, the entire House of Representatives and one third of the open or contested seats in the Senate, whereas two thirds are still fulfilling the remainder of their terms beyond this year.
An important facet of US electoral system to understand given the federalism nature of the republic, the US elect presidents State by State, therefore they do not have a national popular vote for the presidency.
“We have a national popular vote total that says that Hillary Clinton got three million more votes than Donald Trump or in Year 2000 that Al Gore got a half million more votes than George W. Bush, but we have what is called a State by State winner takes all system where each State is assigned a number of electors to our Electoral College and the candidate who wins the popular vote within each State takes 100 percent of the electors to the Electoral College,” explained Dr Rozell.
“And that is why mathematically, it is possible for someone to win the popular vote but lose the presidency.”
Dr Rozell indicated that in 2016, Hillary Clinton won very large popular majorities in some big population States like California, but the system allows a candidate to only have to win a State by one vote to win a 100 percent of its electors, the margin does not matter.
“Donald Trump won many more States by smaller margins, hence he got an Electoral College majority.”
Another interesting features by the way of US constitutional system, according to Dr Rozell, but extremely rare, is what is called the faithless elector.
“That’s the elector to the Electoral College who says, ‘I’m not going to vote the popular vote in my State, I think my State made a bad decision and I’m going to break with the popular vote,’’ Dr Rozell said.
“That’s constitutionally a very complicated matter in our federalism system because although the federal constitution says electors may exercise discretion, most States have passed State laws making it illegal for any elector to the Electoral College to break faith with the popular vote of that State, it is a criminal act that can be penalized if one is to do that. And we just had an important Supreme Court case that upheld the right of the states to impose and to enforce this restriction”
There are 538 electors at the Electoral College, 270 is the magic number, the candidate who gets 270 or more becomes President of the United States.
If however there are more candidates, and this happens extremely rarely, and a third candidate got some electors to the Electoral College denying the two major party candidates, either one getting a majority, nobody gets 270 or more, then the election goes to the House of Representatives and the House of Representatives votes among the top three vote getters as to who should be the next President.
“You’d have to go back to the early 19th century to have such a scenario, and that’s not going to happen this year unless there is a statistical oddity, which would be a perfect statistical tie of 269 to 269 which could happen but you can just imagine how incredibly unlikely that is,” stated Dr Rozell.
BLUE STATES vs RED STATES
Since the 2000 United States presidential election, red states and blue states have referred to states of the United States whose voters predominantly choose either the Republican Party (red) or Democratic Party (blue) presidential candidates.
Many states have populations that are so heavily concentrated in the Democratic party or the Republican party that there is really no competition in those states.
California is a heavily Democratic State, so is New York and Maryland. It is given that Joe Biden will win those states. Meanwhile Texas, Florida and Alabama are republicans. So, the candidates will spent no time campaigning in those states because it is already a given.
However there are swing states, where there is a competition between about five and 10 states total in each election cycle that make a difference, and that is where the candidates end up spending almost all of their time.
“So it ends up making a national contest for the presidency actually look like several state-wide contests with candidates spending a lot of time talking about State and local issues in those parts of the country,” said Dr Rozell.
High Commissioner of the Federal Government of Nigeria to Botswana, His Excellency Umar Zainab Salisu, has challenged President Dr Mokgweetsi Masisi to move swiftly and lobby Africa’s richest man, Nigerian Billionaire, Aliko Dangote to invest in Botswana.
Speaking during a meeting with President Masisi at Office of President on Thursday Zainab Salisu said Dangote has expressed massive interest in setting up billion dollar industries in Botswana. “We have a lot of investors who wish to come and invest in Botswana , when we look at Botswana we don’t see Botswana itself , but we are lured by its geographic location , being in the centre of Southern Africa presents a good opportunity for strategic penetration into other markets of the region,” said Salisu.
As murder cases and violent incidents involving couples and or lovers continue to be recorded daily, Specially Elected Member of Parliament, Dr Unity Dow has called for more funding of non-governmental organizations and accelerated action from government to come up with laws that could inhibit would-be perpetrators of crimes related to Gender Based Violence (GBV).
Just after Dr Dow had deposited her views on this subject with this reporter, a young man in Molepolole opened fire on a married woman he was having an affair with; and ended her life instantly. While it is this heinous cases that get projected to the public space, the former minister argues that the secrecy culture is keeping other real GBV cases under wraps in many spaces in the country.
The former Minister of Foreign Affairs and International Cooperation said there is GBV all the time in all kinds of places. “We have become accustomed to stories of rapes, marital rapes, defilement of children, beatings and psychological violence and even killings,” she said.
Gender-based violence is a phenomenon deeply rooted in gender inequality, Dow is worried that there is absolutely no social punishment for perpetrators; they will continue to have the same friends, jobs, wives, homes, as before. Yet another factor, she said, is that there is little or no “justice” for victims of GBV.
The renowned activist said justice for GBV victims is not just the jailing of the perpetrator. “Justice for victims means an agile, victim-friendly, accessible (time, money and procedures) and restorative justice system.”
Asked what could be leading to a spike in Gender Based Violence cases or incidents, she observed that there is no one factor to which this spike can be attributed. “The most obvious factor is stress as a result of economic distress and or poverty. Poverty makes one vulnerable and open to compromises that they would otherwise not make. For perpetrators with anger management issues, economic stress leads to lashing out to those closest to them. Another factor is the disintegration of families and family values,” she opined.
According to Dow, no government anywhere in the world is doing enough, period. “We know the places and spaces where women and girls are unsafe. We know the challenges they face in their attempts to exit those spaces and places.” The former Judge of the High Court said GBV undermines the health, dignity, security and autonomy of its victims, yet it remains shrouded in the culture of silence.
Asked what could be done to arrest GBV cases, Dow said it is critical to involve and fund civil society organizations. She observed that much of the progress done in the area of women’s human rights was during the time when Botswana had strong and funded civil society organizations.
“The funding dried up when Botswana was declared a middle-income country but unfortunately external funding was not replaced by local funding,” she acknowledged.
Further Dow said relevant government institutions must be funded and strengthened.
“Thirdly, create a society in which it is not okay to humiliate, rape, beat or kill women. You create this by responding to GBV the same way we have responded to livestock theft. We need to create agile mechanisms that hear cases quickly and allow for the removal of suspected perpetrators from their homes, work places, boards, committees, etc.”
The former Minister said the much anticipated Inter-Ministerial Task Force on Gender Based Violence will have its work cut out for it. According to Dow, GBV is not just a justice issue, it’s not just a gender issue, but rather an issue that cuts across health, education, labour, economic, housing and politics. “As long as any one believes it is someone else’s problem, we will all have the problem,” she said.
In her view, Dow said every work, educational and other place must have a GBV Policy and/or Code of Conduct. “It is important that we acknowledge that the majority of men are law-abiding. The problem is their silence, in the face of injustice,” she observed.