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‘Charge Isaac Kgosi’

The omission of the Directorate of Intelligence and Security Services (DISS) Director General Isaac Kgosi from prosecution in the ongoing case of money laundering involving Bakang Seretse and company has opened a can worms.

It is understood that Seretse has divulged in his affidavit before court that the P250 million transfers to an Israeli company named Dignia Systems’s bank account were at the written instruction of the DIS chief. Dr. Obolokile Obakeng, acting Permanent Secretary in the Ministry of Minerals, Green Technology and Energy Security, is said to have authorised the variation at the request of the DIS.

High Court Judge Godfrey Radijeng has also stated in his judgement in December that “the applicant averred that the P250 million disbursement to a Khulaco (Pty) Ltd account at Capital Bank was not approved by the NPF Management Committee, did not follow established procedure for disbursements, there was no tender for the project, and one Kenneth Kerekang alone purported to approve the request by the Directorate of Intelligence and Security (DIS) on same date (7th August 2017) the request was made by DIS.”

Seretse’s lawyer, a Gaborone based audacious attorney, Kgosietsile Ngakaagae also has stated this week when his clients appeared for mention before the Broadhurst Magistrate Court having moved from Gaborone Regional Magistrate south, Christopher Gabanagae that Kgosi should also be prosecuted in the matter.

Ngakaagae told court in his oral submissions that the Directorate on Corruption and Economic Crime (DCEC) says that they have a case with them to answer for, “we say bring it on, and I must say they must bring other people. We will be talking about them as we go forward.”

When the Magistrate interjected to ask who he was referring to, he mentioned DIS boss Isaac Kgosi, Dr. (Obolokile) Obakeng from the Ministry of Minerals, Green Technology and Energy Security;saying they must bring all the other people from government who are involved in this matter.

Seretse threatened that if they failed to do so, “and I had thought I would leave this note for the future but we will file for the review of the DPP’s decision not to charge these individuals if at all my clients are guilty. We will not bow down to selective justice at the hands of DPP and government. We will then ask for a review of their decision.” So next time, he said Isaac Kgosi will have to sit there (pointing) in the docket including Dr. Obakeng and the others left out in the matter.

When he stated this, the Director of Prosecution Ambrose Mobika (DPP) rose to say that was not the issue that was brought by Ngakaagae. In turn Ngakaagae defended himself saying it was an instant answer that was asked by the Magistrate as to whom he was referring to by those people. Outside the Regional Magistrate court, after the hearing, Ngakaagae told WeekendPost that they have always been asking the DCEC that if at all his clients are guilty, why then are particular people not being prosecuted.

“And then all we get is harassment from the DCEC. The main issue is we are questioning power and because we are questioning power we are being harassed. Our clients are being harassed simply because they are demanding answers as to why some people like Kgosi are not being charged when they were charged when the initiators of the corruption have been left out,” he said.

According to Ngakaagae, one cannot say someone transferred 250 million pula at the instruction of someone, and then only the one who transferred the funds gets charged while the instructor gets left out.  He said DCEC is a hopeless department that does not fight corruption but protects it adding that this simple act of “selective charging” is in of itself simple an act of corruption done by the DCEC.

“And we will not back off in demanding that things be done properly. We are not going to back off, neither are we going to be intimated, we are not scared, indeed they can shoot us and do whatever they want to do to us. But we are going to deal with this matter in our best judgement in terms of our best discretion and we are going to leave no stone unturned to ensure that there is no selective justice,” the oddball attorney pointed out. 

He continued: “if our clients have committed any offence so be it, let them be charged but if anyone else has committed the offence that they are alleged to have committed then let that same people suffer the same treatment.”  Ngakaagae went on to state that they are not going to allow Seretse and the co-accused to become scape goats for what the executive did. “It is absolute rubbish,” he added in a poignant voice.

When further quizzed by this publication on his assessment on why Kgosi was not charged he stated that “the trouble is I cannot discuss the merits of the trial as it will be unlawful. I will be in trouble with Magistrate if I try to do that. Right now am not going into the merits of the trial.” He added that “I am simply asking why if at all it is said my clients stole the money, then why are those people who came up with the instruction for the money to be transferred (DIS) not in the court, that’s all we asking.”

He however said he is not sure whether the exclusion of Kgosi in the case would or would not jeopardize the case and that therefore it’s upon the DPP to make judgement in that regard. According to Ngakaagae, his clients have not committed any offence. “I want everyone to understand that. If at all having to transfer money was an offence then it was an offence by those who told him to do so. So that’s essentially the long and short of what I am saying,” he said.   

When WeekendPost approached the DPP to respond to Ngakaagae’s comments on Kgosi after the court session he said that “nnyaa o bua hela, nnyaa o bua hela (he is just lying to the court),” that is why I was objecting that no it cannot be the case.”
When pressed further to state if they could have charged Kgosi and others he insisted “I have no idea,” and then refused to comment further. Kgosi’s mobile phone also rang unanswered at the time of going to print.

This publication also sought clarity from Ngakaagae about the letter written to the Attorney General implicating the President, Vice president, Ministers together with Isaac Kgosi that they may have benefitted somehow from the controversial 250 million pula from the National Petroleum Fund (NDF) which the DPP has charged his clients on as proceeds of crime.

On the authenticity of the controversial letter, Ngakaagae could only reluctantly say: “no comment, I can’t comment on that. I can’t comment on any letter especially those said to have been leaked or edited. I can’t comment on that.” The letter had also implied that there are some within the Intelligence community that plan to kill Bakang Seretse and those associated with him.

“We have been put under instructions to advice the public of the intentions thereof. The Commissioner of Police and the Directorate on Corruption and Economic Crime (DCEC) have already been alerted of the threat. As indicated in the correspondence, we will be proceeding in our own deliberate judgement and will not be intimidated by the threats, however grave,” he asserted in the said letter. In light of the afore-going threats, Ngakaagae stated that the state shall be held responsible for the deaths of his clients, their attorneys thereof or their family members.

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Botswana Parliament Okays Financial Intelligence Bill

28th January 2022
Peggy Serame

The National Assembly recently passed the Financial Intelligence Bill, 2021 (Bill No. 34 of 2021) during an Emergency Parliament Meeting. The Bill was first published on 23rd December, 2021 by the Minister of Finance and Economic Development, Honourable Peggy Serame.

The Act aims to re-enact with amendments the Financial Intelligence Act; to continue the establishment of the Financial Intelligence Agency and to re-constitute the National Financial Intelligence Coordinating Committee as a high level committee; to provide for third parties to perform certain customer due diligence measures on behalf of specified parties; to enable the Financial Intelligence Agency to initiate an analysis of information based on information in its on possession or information received from other sources to establish a suspicious transaction, and for matters connected therewith and incidental thereto. The Financial Intelligence Bill has eight parts with a total of 63 clauses.

Serame highlighted that these laws are drawn because they are in line with international agreements the country has signed upon. Although implementation of the laws passed in parliament is a still a challenge. She urged public institutions to introspect if there are grievances within the community and deal with them. Emphasising that the perceptions people have about public servants and institutions are often based on a certain form of truth.

By way of background; the Financial Action Task Force (FATF) has 40 Recommendations which countries have to comply with in order to tackle money laundering, terrorist financing and the financing proliferation.

During 2017 assessment; Botswana was found to have serious strategic deficiencies in her anti money laundering and combating the financing of terrorism and proliferation framework. No recommendation was rated Compliant, 23 of the recommendations were non-compliant resulting in the country being grey listed by the FATF in 2018 and blacklisted by the European Union in 2020.

The country went right ahead into remedial actions towards being removed from the grey list, passing 25 pieces of legislation in 2018 and a further six in 2019. Resulting in the country being removed from the grey list in October 2021.

To address the deficiencies identified during assessments carried out by the Eastern and Southern Africa Anti Money Laundering Group (ESAAMLG) and Financial Action Task Force (FATF). There was a proposal to overhaul the Financial Intelligence Act and consequential amendments to several other laws.

The amendments of these laws aim to strengthen the Anti-Money laundering, countering Financing of Terrorism and proliferation efforts in Botswana and will also put the country in a good position during the next Mutual Evaluation in 2024.

In her presentation’ Peggy Serame enunciated that; “the procedure at ESAAMLG is that after a country has amended its legislation, they are allowed to request for rerating of FATF Recommendations that are still rated Non-Compliant and partially compliant. “

Adding that “the request for re-rating has to be made at least six months in advance of the ESAAMLG Task Force Plenary meetings. This means for Botswana, the request for re-rating can only be considered during the September meeting of ESAAMLG. In its request for re-rating, the country has to submit all other information supporting the request for re-rating to the ESAAMLG Secretariat.

This supporting information refers to relevant laws, regulations or other AML/CFT/CFP measures that are in force and effect. It is crucial that the FI Bill and others are enacted expeditiously for the country to submit a request for re-rating in February 2022.”

Member of Parliament for Selibe Phikwe West, Dithapelo Keorapetse has expressed concern over the Financial Intelligence Bill stating that; “the discussion of this bill is relevant to what we are trying to do in prevention of financial and economic crimes, that is physical and revenue crimes. However; if virtual assets have value and can be digitally traded; it means that physical and revenue crimes can be committed using cryptocurrencies.

ESAAMLAG and FATF are very clear that money laundering and terrorist financing exist with the purview of virtual assets. What needs to happen is public education surrounding virtual assets and the risks that come with them. Research ought to be done on the implications surrounding virtual assets, this in turn will help guide in drawing laws and regulations. Without established regulation and oversight, the virtual assets space will become the wild west of the financial industry.”

The re-enactment of the Financial Intelligence Act has caused consequential amendments to 13 other pieces of legislation which have already caused an uproar in the country, these are; Companies Act, Trust Property Control Act, Counter Terrorism Act, Criminal procedure and Evidence Act, Criminal Procedure and Evidence Act, Extradition Act, Mutual Assistance in Criminal Matters Act, Biological and Toxin Weapons (Prohibition) Act, Nuclear Weapons (Prohibition) Act, Precious and Semi-Precious Stones (Protection) Act and the Real estate Professionals Act.

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Sebetlela drills GCC Cllrs on reset agenda

28th January 2022
Boyce Sebetela

Chief of Staff at the Office of the President, Lephimotswe Boyce Sebetela has addressed Councillors of Gaborone City Council (G.C.C) on the Reset Agenda, at their retreat in Palapye.

A number of resource persons facilitated on different topics of importance. The retreat is said to have been aimed at appreciating the role of Councillors in governance, leadership development, promoting team work and sharing better ways on how they could improve service delivery to their constituents.

The retreat comes at a time when Councillors country wide demands clarity on their roles and responsibilities to their electorates, Sebetlela emphasized the need for G.C.C Councillors, as other leaders to board-in the drive of reset agenda. Noting that, it is people-centric. It is said at the meeting Sebetela explained to councillors that Reset agenda, should be understood, as an action plan that seeks primarily, to ameliorate the status-quo in Botswana. Further imploring the councillors to link their priorities with those of the government.

Sebetlela whose key responsibility is to direct and oversee implementation of national priorities, in alignment with political pronouncements made by President Masisi, reportedly told Councillors that they are an important stakeholders in this reform. He further noted that, the rest agenda is nothing short of Batswana’s needs and desires. Therefore as leaders, they should be cognizant of the priorities set by their own government.

Other resource persons were from the Ministry of Local Government and Rural Development and Botswana National Productivity Centre (BNPC).

For his part, Boseja Ward, Block 6 and Block 7 Councillor Khumo Sebereko applauded and revealed the significance of this retreat, noting that it was long overdue. “This is of utmost importance for community leaders, as we get time to imbibe knowledge at each other’s knee” he said.  He further explained that they get to assess their own productivity versus efficiency on public service which really help them improve as public servants.

On the other hand, G.C.C Town Clerk, Lebuile Israel told Weekend Post that prior to the retreat, they had a special full council in Gaborone. The special full council was characterized by consultation of different Community Constituency Plans. “That was basically to identify real issues on the ground, which at Ministerial level culminates into National Key issues that guides the direction of money allotted to the Council for the coming financial year” he said. He explained that, this council ensures that their Community plans are in sync with Urban Development Plan 5 (UDP 5) and National Development Plan 12 (NDP 12).

The alignment of these Community plans with both UDP 5 and NDP 12 puts each constituency in a good position to be taken to form part of G.C.C Project Memorandum. He further explained that, projects proposed by Councillors sometimes get to be relegated to least critical projects by the order of importance or urgency. “Over the years there weren’t many projects, relegated into peripheral categories or rejected by the Council for not being in sync with either of UDP 5 or NDP 12”.

When closing Sebetlela said Botswana’s ability and potential to transform rests incumbent upon each citizen’s effort particularly those in leadership. Noting that, implementation of priorities put forth by the reset agenda requires collaborative effort.

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Botswana records rise in corruption – Report

28th January 2022
President Masisi

The 2021 Corruption Perceptions Index (CPI) released by Transparency International has shown that corruption levels remain at a standstill worldwide while it is on the rise in Sub Saharan Africa.

The results at a glance; The Corruption Perceptions Index (CPI) ranks of countries around the world, based on how corrupt their public sectors are perceived to be. The results are given on a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. This year’s CPI paints a grim picture of the state of corruption worldwide.

According to the report; this year the global average remains unchanged for the tenth year in a row, at just 43 out of a possible 100 points. Despite multiple commitments, 131 countries have made no significant progress against corruption in the last decade. More than two-thirds of countries score below 50 indicating that they have serious corruption problems, while 27 countries are at their lowest score ever.

And despite some progress, nearly half of all countries have been stagnant on the CPI for almost a decade. These countries have failed to move the needle in any significant way to improve their score and combat public sector corruption.”

Western Europe and European Union are the highest scoring region with 66 points.
The top countries are Denmark, Finland and New Zealand, each with a score of 88. Norway, Singapore, Sweden, Switzerland, the Netherlands, Luxembourg and Germany complete the top 10.

49 countries were assessed in the Sub Saharan African region. With an average score of 33, Sub Saharan Africa is the lowest performing region in the CPI, showing little improvement from previous years and underscoring a need for urgent action. The report puts forth the concern that the gains made by top scorers are overshadowed by the region’s poor performance. This reinforces the urgent need for African governments to implement existing anticorruption commitments if they are to alleviate the devastating effect of corruption on millions of citizens living in extreme poverty.

With a score of 66, Seychelles consistently earns top marks in the region. Botswana is also regarded as a top scorer in the region with a score of 60/100 and a domestic score 55/100. Bottom of the index are Somalia with a score of 12 and South Sudan coming in with 11.

“Although Botswana is regarded a top performer. It has hit a historic low in 2021, recording a significant 10 point decline from a score of 65 in 2012. The result corroborates the findings of Transparency International’s 2019 Global Corruption Barometer survey, which showed that most people in Botswana thought corruption had increased. Concerns over impunity such as in the case of the alleged looting of the National Petroleum Fund which implicated senior government officials-underscore the need to increase accountability for high-level corruption in the continent’s oldest” Revealed the report.

The research also shows that corruption is more pervasive in countries least equipped to handle the Covid-19 pandemic and other global crises. The global pandemic has been used in many countries as an excuse to curtail basic freedoms.

Local media in Botswana reported that the Directorate on Corruption and Economic Crime (DCEC) recorded 47 cases of corruption in relation to COVID-19 tendering processes. With 32 from the Gaborone region; 12 from Greater Francistown region and 3 in Maun region.

In regards to case backlog, the directorate had a backlog of 182 cases pending with the Directorate of Public Prosecutions (DPP) , this is in addition to cases that were still under investigation and corruption allegation reports that had been received. The corruption allegations included 69 COVID-19 reports which were received between April 2020 and May 2021. Out of the 69 cases, 27 were being investigated while most of the remaining cases were referred to the different ministries.

Generally, Bribery continues to impede access to basic services. In 2019, the Global corruption Barometer – Africa revealed that more than one out of four people or approximately 130 million citizens in 35 African countries surveyed paid a bribe to access public services like health care.

Unless these corruption challenges are addressed, many countries in sub Saharan Africa risk missing their sustainable development goal targets by 2030. Transparency International calls on governments to act on their anti-corruption and human rights commitments and for people across the globe to come together in demanding change.

Chief Executive Officer of Transparency International, highlighted that Daniel Eriksson; “In authoritarian context where control over government, business and the media rests with a few, social movements remain the last check on power. It is the power held by teachers, shopkeepers, students and ordinary people from all walks of life that will ultimately deliver accountability.”

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