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.
Despite the government of Botswana’s ambition to have one of its own to lead Southern Africa Development Community (SADC) since its establishment in 1980, the Presidency says there is no budget specifically dedicated to the campaign.
The Government has released the name of Permanent Secretary to the President, Elias Mpedi Magosi, as the candidate for the SADC Executive Secretary position. Magosi is expected to face off with Democratic Republic of Congo (DRC) candidate, Faustin Mukela. The position will become vacant in August this year.
However, despite the optimism the Botswana Government has not yet set aside a budget to assist Magosi to win against the seemingly DRC giant. “We all know that the COVID-19 pandemic has negatively affected the country’s ability to effectively fund any new project. This campaign is not an exception. As such, we do not have any budget for the campaign. However, we have so far managed to take advantage of His Excellency the President’s working visits to the neighbouring countries to also carry out the campaigns,” Press Secretary to the President, Batlhalefi Leagajang, explained.
Botswana has housed SADC since the establishment of the then SADCC in 1980, but has never occupied top most leadership positions at the SADC Secretariat. “We therefore, strongly believe that we should also have an opportunity to contribute to the management of our regional body as it continues to drive the important issues of regional integration industrialization and socio-economic development.
This will also profile Botswana as a strong advocate of regional integration,” he responded to this publication’s questionnaire as to why the Government wants to occupy the plum post. SADC is a Member State driven organization. As such, Leagajang said, needs a well-grounded Executive Secretary with a blend of management and leadership acumen; a transformational leader with political awareness and integrity; private and public sector experience; a deep culture of corporate governance; as well as strategic agility and result-oriented consummate diplomat.
“These are the unique attributes of our candidate,” he said. So far President Mokgweetsi Masisi has visited nine out of 16 SADC member states on a working visit and also taking an opportunity to present to them his candidate.
“The countries have appreciated this effort and we remain hopeful. However, it is important to note that this is a democratic and competitive process which must be respected,” he responded when asked about the reception and assurances from various countries to cast a vote for Magosi.
In 2018, when Pelonomi Venson-Moitoi challenged for the Africa Union (AU) Chairperson, the government appointed former President Festus Mogae to be the campaign leader. Does the Government have anyone apart from Masisi to help with the campaign?
“The campaigns for the candidate are strictly led by the Government of Botswana. Since this is a candidate for Botswana, not just the Government, it will be appreciated if all Batswana, including the media, could also shoulder the responsibility to campaign for the candidate in their own spheres of influence,” Leagajang responded.
While there are sceptics on Magosi winning against the DRC man, the Government is confident and believes that with the unique traits that he possess, Magosi stands a chance. He is said to be a strong advocate of justice and fairness as he has played this role in his current role as PSP and in his previous roles as PS and in the private sector. He has helped individuals and companies to find justice and fairness in most of their dealings with Government.
Magosi is also said to be a proponent of corporate governance and which he has relentlessly pursued in most of his career including in Government and other sectors. A strong believer in following laid down procedures and laws. “He carries a variety of skills as an HR expert with experience in different sectors, a strategist and an Organization development specialist.
His experience and exposure spans government, parastatal, private sector and at regional level as well, thus making him a suitable candidate for the regional role. He has worked with governments, businesses, development partners and politicians and is comfortable navigating through all of them,” Leagajang concluded.
The Minister of Land Management, Water and Sanitation Services, Kefentse Mzwinila looked a politician set to shoot the moon as he laid bare his billions of pula development agenda recently in Parliament.
His Ministry’s combined Recurrent and Development Budget Proposals for the 2021/ 2022 Financial Year is pegged at Four Billion, Three Hundred and Sixty – Five Million, two Hundred and Nineteen Thousand, Five Hundred and Sixty Pula (P4, 365, 219, 560). This is a budget 38.3% more than the allocation for the 2020/2021 Financial Year.
Mzwinila preluded his request to parliament with a demonstration that his Ministry has no champagne taste on a beer budget – indicating that his ministry’s expenditure at the end of February 2021P2.111 Billion or 96% of development budget; and P910 million or 90% of the recurrent budget.
Notwithstanding the budget dust, the Minister justified this year’s increase in the Ministry’s total budget. He attributed the escalation to the commencement of major projects under the water sector. These include the implementation of the North South Carrier (NSC) 22.2 covering various sub projects. Mzwinila noted that these are all public value projects which are aimed at improving the lives of Batswana.
Mzwinila’s Ministry has projected that the sum of Nine Hundred and Sixty –Three Million, Nine Hundred and Forty – Seven Thousand, Five Hundred and Sixty Pula (P963, 947, 560) be permitted for the Recurrent Budget and stand part of the 2021 / 2022 Appropriation Bill ( No. 1 of 2021).
“55% of the Recurrent Budget is geared towards the Revenue Support Grant for 12 Land Boards and their subordinate authorities while the sum of P5 Million is allocated to the Real Estate Advisory Council (REAC). The remaining 44% is proposed for the Ministry Departments.”
The sum of Three Billion, Four Hundred and One Million, Two hundred and Seventy –Two Thousand Pula (P3, 401, 272, 000), for the Development Budget was approved and stand part of the same schedule of the appropriation (2021/2022).
When breaking down the Development Budget, Minister Mzwinila noted that Water Supply and Sanitation projects will account for P1.098 Billion to finance the Maun Water and Sanitation project, Molepolole Sanitation projects and the Shakawe Water Treatment Plant Rehabilitation.
With all the implementation bottlenecks troubling several projects in the country, Mzwinila had to satisfy the question of whether his Ministry demonstrated a dire need for the budget with reference to its execution of the budget for the financial year 2020/2021 and its delivery of strategic initiatives and projects?
Mzwinila’s pitch found favour with parliament and his ministry will get an aggregate budget of P3.198 Billion for the 2020/ 2021 Financial Year. Within this allocation, P2.188 Billion is for the Development Budget and P1.010 Billion will cover the Recurrent Budget.
The Minister revealed his strategic interventions for land management, water and sanitation services. Highlighting that efforts by Government to provide serviced residential land to citizens on the waiting list are being hampered by limited resources. He shared that his ministry needs P94 Billion to cover such costs which will directly link to water, sewage, roads, electricity, telecommunications and storm water drainage leading to the allocation of 4 587 plots on un-serviced land.
The minister projected that 22 952 un-serviced residential plots are planned to be allocated in the next financial year. However, there is a trend where allocated land remains fallow and undeveloped which raises misgivings that the requests could have been made on speculative plans.
Mzwinila noted that in the spirit of forging stronger International connections, the Ministry will in June 2021 sign a Memorandum of Understanding on Land matters between Namibia and Botswana with the aim of opening doors to the creation of Dry Ports in the country, facilitate international trade through Walvis Bay Sea Port.
Botswana is already challenged by scarcity of naturally occurring water resources due to the aridity of the country creating persistent water shortages. The type of infrastructure required to improve national water security is a true reflection of intensive investment needed in the water sector The Minister stressed.
“An emerging issue such as the COVID -19 pandemic poses serious challenges as the control of the virus requires reliable water supply. In an effort to mitigate the challenge, the Ministry has undertaken extensive bowsing throughout the country which included the provision of additional capacity for supplementary bowsing to areas with pervasive water shortages, plus an additional forty one (41) un-gazetted settlements.
Operational costs due to bowsing were at an average of P6 Million per month before the COVID-19 pandemic and increased to an unsustainable amount of the order of P13 Million per month, since the beginning of the State of Emergency in April 2020,” the minister shared.
Through the support of a World Bank Loan, the Ministry is implementing several initiatives under the Botswana Emergency Water Security and Efficiency (BEWSE) project. Through BEWSE the Raw Water Pricing and Abstraction Strategy will assess the pricing of water in a manner that enables the provision of water to support new economic development, the strategy is planned to be completed in June 2021.
The Ministry has commenced the development of a long term National Water Security Strategy to improve resilience to climate change impacts. The strategy development entails prioritization of the proposed future mega water transfers such as the Chobe – Zambezi water transfer, the Atlantic Ocean water transfer to Botswana through Namibia and Lesotho – Botswana water transfer.
Following the signing of the tripartite Memorandum of Agreement (MoA) between Botswana, Lesotho and South Africa in November 2017 for the Lesotho –Botswana Water Transfer project, a 24 months contract for a combined prefeasibility and feasibility study for the development of a bankable Lesotho – Botswana Water Transfer project feasibility study was signed and is to be completed in 2022.
One of the Ministry’s famous major water supply projects such as the North South Carrier (NSC) 2.2 has experienced hiccups; having tenders for contract 1 (Masama to Mmamashia Pipeline) and Contract 2 (Mahalapye to Masama Pipeline) cancelled due to budgetary constraints.
The Botswana Climate Change policy draft of 2021 was tabled in Parliament by the Minister of Environment, Natural Resources Conservation and Tourism, Philda Kereng for consideration and adoption.
The policy attempts to indicate the country’s environmentally conscious development agenda as Substantial resources are being dedicated to research and policy efforts to mitigate climate change and support adaptation to the current and future impacts of greenhouse gas emissions.
Kereng indicated that Botswana is not immune to the impacts of climate change and it continues to delay the country’s national development efforts and that the key economic development sectors dependent on the climate system have recorded declines over the years due to the variability of the rainfall and other climatic conditions. Experts elsewhere have pointed out that lack of consideration of population dynamics hampers the development of stronger, more effective solutions to the challenges climate change poses – hopefully this policy if effectively implemented could partly answer this question.
Kereng underscored that sectors such as agriculture, water, bio diversity, health and tourism have suffered the most and the consequences of these have contributed significantly to the decline of livelihoods in Botswana especially in rural areas.
To respond to the changing climate, Botswana has embarked on sectoral reform such as climate smart agriculture, poverty alleviation initiatives, building resilience on the economic productive sectors, diversification of tourism for the improvement of livelihoods and income generation, local economic development and sustainable environment.
The efforts require a coordinated mechanism that will provide an enabling environment for an integrated approach to the formulation and implantation of development plans and socio economic related policies in Botswana that are responsive to the changing climatic conditions.
Minister Kereng explained the draft policy is characterized by an inclusive and integrated approach to social, economic development and governance modalities that would enable the country to achieve a sustainable development pathway. It provides opportunities for improved livelihoods through creation of green jobs, development and transfer of relevant technologies as well as creation and ease of access to both local and international markets. It also commits the government, private sector and non-state actors to adopt adaptation and mitigation measures that would facilitate sustainability and building of resilience of all sectors.
While Members of Parliament were trying to comprehend the policy, this publication got in touch with Green Botswana to solicit their views on the policy draft. Ms. Sela Motshwane, the Founder of the Trust highlighted that “the Climate Change policy was meant to be read in August 2019. It is long overdue, and we all need to see it and understand it in full.
I understand the current budget does not allow for a full implementation- but I could be wrong. More funds could have been allocated since. I think generally, Batswana need to understand fully what this means to our daily lives. I believe the true understanding is by policy drafters and the Ministry of Environment only.”
In the same vein, Green Botswana Trust took to the streets to provide a community solution to climate change on World Health Day (Wednesday). Green Botswana held a “Free Trees for Babies” at Extension 2 Clinic where fruit trees were gifted to parents, expectant mothers, 25 health workers, police officers and the prison officers who had accompanied prisoners to the clinic.
Motshwane said: “The decision to do the “Free Trees for Babies” by gifting fruit trees was to raise awareness to our imminent food security issue as stated by the Deputy Permanent Secretary of the Ministry of Agricultural Development and Food Security, Mr. Thabang Botshoma and encourage the general public to plant a tree so that we can reach our SGD Goal 13 : Climate Action. The trees gifted are to be named after the baby recipient”.
Green Botswana is calling for the urgent action from government and members of the public to create a culture of community accountability and collegiality in moving Botswana towards climate action and sustainability. To achieve the 2030 Paris Agreement Pledge, it will take all citizens and not just the government to reach goals.
Parliament resolved to adopt the Botswana Climate Change Policy, 2021.