Charismatic Leader of the Umbrella for Democratic Change (UDC) Advocate Duma Gideon Boko has explained the second coming of embattled Botswana Movement for Democracy (BMD) President, Sidney Pilane as simply a matter of law taking its cause.
Pilane was elected to steer the ship of the BMD over the past weekend in a special congress sanctioned by the UDC mother body. The congress followed disputed elections at a controversial Bobonong congress which gave birth to two groups, with one later bolting out to form the Alliance for Progressives (AP).
Speaking to Weekend Post in an exclusive interview outside the national assembly building this week, the UDC leader highlighted that the coming back of Pilane into the UDC fold, by virtue of being the BMD leader, and as Vice president of the Umbrella is a mere compliance of operation of the law.
As enshrined in the party constitution, there is a provision for two VP’s which are in the form of the BMD’s contentious leader and charming Botswana Congress Party (BCP) president, Dumelang Saleshando. Boko said: “there are certain things that flow from the operation of the law” which is termed ‘ex lege’ in Latin meaning ‘by operation of law’ and that the accepting the BMD and its leader in the UDC is but an example.
“As UDC, following the disputed congress, we ordered the BMD to ‘go and conduct a proper congress and elect a leadership’ so by operation of law if such leadership has been elected, the UDC is ready to work with that leadership,” Boko said in his signature pose while stressing law jargons.
To buttress his position he added that: “it is not sentimental. It’s not a function of love nor hatred nor emotions but rather ‘ex lege’ (by operation of law). So the BMD having complied with all the injunctions and instructions of UDC and having satisfied all the entire requirements laid down, now they can see to transact duties and stake in the Umbrella (UDC) and so they are welcome.”
Boko further defended the UDC VP Pilane saying they will not pre-judge him based on what others say in relation to his alleged association with the Directorate on Intelligence and Security Services (DISS) Director General Isaac Kgosi whom he has legally represented although in his personal capacity. Although the matter pitted him against his former rivals in the BMD, Pilane has insisted that he will continue representing anyone who requires legal representation regardless of their line of work or political affiliation.
On continuing public debate on whether Pilane is credible and has integrity coupled with talks that he is not politically appealing, Boko questioned what that much talked about credibility was based on. He warned that “we are not going to pre-judge any person in the bases of biases and predilection of others. We are not going to hear about a person from that person’s lucid political rivals.”
The UDC leader also highlighted that he has not heard any electorate who has told him anything negative about, in this case Pilane, but he has listened to voters who have something negative to say about him (Boko) because they happen to be members of the ruling Botswana Democratic Party (BDP), and it is their business to critique and criticize them. These are normal and these are the stuff that we will live by as politicians, Boko pointed out.
“So it’s not going to be based on this occasion two or three people expressing misgivings about an individual (Pilane) and all of a sudden the whole world is decided against that particular individual even if it’s not correct.” According to Boko, despite Pilane matter, there are a lot of people who appreciate the UDC and the efforts that it has engaged, and who respect the integrity of a leadership that is not sentimental; not emotional; and a leadership that is very calm and measured and principled in its resolution of whatever is presented before it.
When he was asked whether he is referring to AP, he said, “no, am not saying anybody is emotional but rather that integrity is about dispassionately assessing situations and facts and coming to a reasonable conclusion and determination on those facts.” Integrity, he added that should not be driven by whether a leader hates this one or like that one. He continued: “I may like you very much but still rule against you if you are wrong or if I think you are wrong. It’s not a function of love. I don’t have anybody in mind am just stating a general principle.”
When some say Pilane will dismantle UDC as he presumably did unto BMD, Boko said he is looking forward to that and perhaps more engaging – robustly because it helps the movement go forward. Boko, who is also Botswana National Front (BNF) leader, also said it does not matter whether Pilane was part of a stream that drafted the constitution amid talks that he may have crafted it in some point to favour him.
“On reports that Pilane crafted the constitution to favour him somehow, you know let me tell you, you people don’t understand the constitution.” He said there is something called constitutionalism which exists outside the document of the constitution and which gives life to this document.
“I am a constitutional lawyer by training. So when you talk constitution you are talking to me, you are talking the stuff that I do and that I have read at Harvard School of Law at the United States and at Lund University at Sweden. So I live the constitution, I breath the constitution. I am a constitutional expert. So I don’t get fazed whenever I hear people talk about the constitution no matter who drafted it. In this case Rre Pilane. I take it and apply it and it will do what it had to do.”
The Gaborone Bonnington North lawmaker also said he hears people saying that Pilane will somehow take away something somehow (UDC presidency they say), but they should rather also ask themselves from who is he taking away this (presidency) from. He warned: “even if it may be correct that you have that kind of track record (at BMD) you must know now you dealing with different people altogether (at UDC).”
Boko further cautioned: “so when people tell me, this one is going to cause trouble (Pilane), you know I am a trouble solver and a problem solver. So if there is going to be any problem, I am happy. I am home where there are problems. I will solve the problem even if they present themselves in the shape of a human being I solve problems.”
However Pilane has stated thus far that the BNF, as was agreed from the beginning, will continue under the BNF and that he has no interest in challenging Boko, at least for now. Pilane is expected to join Boko and Saleshando in their campaign rallies across the country soon as the party prepares for a stiff competition from BDP and newly formed AP in 2019 General Elections.
Botswana has made improvements on preventing and ending arbitrary deprivation of liberty, but significant challenges remain in further developing and implementing a legal framework, the UN Working Group on Arbitrary Detention said at the end of a visit recently.
Head of the delegation, Elina Steinerte, appreciated the transparency of Botswana for opening her doors to them. Having had full and unimpeded access and visited 19 places of deprivation of liberty and confidentiality interviewing over 100 persons deprived of their liberty.
She mentioned “We commend Botswana for its openness in inviting the Working Group to conduct this visit which is the first visit of the Working Group to the Southern African region in over a decade. This is a further extension of the commitment to uphold international human rights obligations undertaken by Botswana through its ratification of international human rights treaties.”
Another good act Botswana has been praised for is the remission of sentences. Steinerte echoed that the Prisons Act grants remission of one third of the sentence to anyone who has been imprisoned for more than one month unless the person has been sentenced to life imprisonment or detained at the President’s Pleasure or if the remission would result in the discharge of any prisoner before serving a term of imprisonment of one month.
On the other side; The Group received testimonies about the police using excessive force, including beatings, electrocution, and suffocation of suspects to extract confessions. Of which when the suspects raised the matter with the magistrates, medical examinations would be ordered but often not carried out and the consideration of cases would proceed.
“The Group recall that any such treatment may amount to torture and ill-treatment absolutely prohibited in international law and also lead to arbitrary detention. Judicial authorities must ensure that the Government has met its obligation of demonstrating that confessions were given without coercion, including through any direct or indirect physical or undue psychological pressure. Judges should consider inadmissible any statement obtained through torture or ill-treatment and should order prompt and effective investigations into such allegations,” said Steinerte.
One of the group’s main concern was the DIS held suspects for over 48 hours for interviews. Established under the Intelligence and Security Service Act, the Directorate of Intelligence and Security (DIS) has powers to arrest with or without a warrant.
The group said the “DIS usually requests individuals to come in for an interview and has no powers to detain anyone beyond 48 hours; any overnight detention would take place in regular police stations.”
The Group was able to visit the DIS facilities in Sebele and received numerous testimonies from persons who have been taken there for interviewing, making it evident that individuals can be detained in the facility even if the detention does not last more than few hours.
Moreover, while arrest without a warrant is permissible only when there is a reasonable suspicion of a crime being committed, the evidence received indicates that arrests without a warrant are a rule rather than an exception, in contravention to article 9 of the Covenant.
Even short periods of detention constitute deprivation of liberty when a person is not free to leave at will and in all those instances when safeguards against arbitrary detention are violated, also such short periods may amount to arbitrary deprivation of liberty.
The group also learned of instances when persons were taken to DIS for interviewing without being given the possibility to notify their next of kin and that while individuals are allowed to consult their lawyers prior to being interviewed, lawyers are not allowed to be present during the interviews.
The UN Working Group on Arbitrary Detention mentioned they will continue engaging in the constructive dialogue with the Government of Botswana over the following months while they determine their final conclusions in relation to the country visit.
Standard Chartered Bank Botswana (SCBB) has informed the government that it will not be accepting new loan applications for the Government Employees Motor Vehicle and Residential Property Advance Scheme (GEMVAS and LAMVAS) facility.
This emerges in a correspondence between Acting Permanent Secretary in the Ministry of Finance Boniface Mphetlhe and some government departments. In a letter he wrote recently to government departments informing them of the decision, Mphetlhe indicated that the Ministry received a request from the Bank to consider reviewing GEMVAS and LAMVAS agreement.
He said: “In summary SCBB requested the following; Government should consider reviewing GEMVAS and LAMVAS interest rate from prime plus 0.5% to prime plus 2%.” The Bank indicated that the review should be both for existing GEMVAS and LAMVAS clients and potential customers going forward.
Mphetlhe said the Bank informed the Ministry that the current GEMVAS and LAMVAS interest rate structure results into them making losses, “as the cost of loa disbursements is higher that their end collections.”
He said it also requested that the loan tenure for the residential property loans to be increased from 20 to 25 years and the loan tenure for new motor vehicles loans to be increased from 60 months to 72 months.
Mphetlhe indicated that the Bank’s request has been duly forwarded to the Directorate of Public Service Management for consideration, since GEMVAS and LAMVAS is a Condition of Service Scheme. He saidthe Bank did also inform the Ministry that if the matter is not resolved by the 6th June, 2022, they would cease receipt of new GEMVAS and LAMVAS loan applications.
“A follow up virtual meeting was held to discuss their resolution and SCB did confirm that they will not be accepting any new loans from GEMVAS and LAMVAS. The decision includes top-up advances,” said Mphetlhe. He advised civil servants to consider applying for loans from other banks.
In a letter addressed to the Ministry, SCBB Chief Executive Officer Mpho Masupe informed theministry that, “Reference is made to your letter dated 18th March 2022 wherein the Ministry had indicated that feedback to our proposal on the above subject is being sought.”
In thesame letter dated 10 May 2022, Masupe stated that the Bank was requesting for an update on the Ministry’s engagements with the relevant stakeholder (Directorate of Public Service Management) and provide an indicative timeline for conclusion.
He said the “SCBB informs the Ministry of its intention to cease issuance of new loans to applicants from 6th June 2022 in absence of any feedback on the matter and closure of the discussions between the two parties.” Previously, Masupe had also had requested the Ministry to consider a review of clause 3 of the agreement which speaks to the interest rate charged on the facilities.
Masupe indicated in the letter dated 21 December 2021 that although all the Banks in the market had signed a similar agreement, subject to amendments that each may have requested. “We would like to suggest that our review be considered individually as opposed to being an industry position as we are cognisant of the requirements of section 25 of the Competition Act of 2018 which discourages fixing of pricing set for consumers,” he said.
He added that,“In this way,clients would still have the opportunity to shop around for more favourable pricing and the other Banks, may if they wish to, similarly, individually approach your office for a review of their pricing to the extent that they deem suitable for their respective organisations.”
Masupe also stated that: “On the issue of our request for the revision of the Interest Rate, we kindly request for an increase from the current rate of prime plus 0.5% to prime plus 2%, with no other increases during the loan period.” The Bank CEO said the rationale for the request to review pricing is due to the current construct of the GEMVAS scheme which is currently structured in a way that is resulting in the Bank making a loss.
“The greater part of the GEMVAS portfolio is the mortgage boo which constitutes 40% of the Bank’s total mortgage portfolio,” said Masupe. He saidthe losses that the Bank is incurring are as a result of the legacy pricing of prime plus 0% as the 1995 agreement which a slight increase in the August 2018 agreement to prime plus 0.5%.
“With this pricing, the GEMVAS portfolio has not been profitable to the Bank, causing distress and impeding its ability to continue to support government employees to buy houses and cars. The portfolio is currently priced at 5.25%,” he said. Masupe said the performance of both the GEMVAS home loan and auto loan portfolios in terms of profitability have become unsustainable for the Bank.
Healso said, when the agreement was signed in August 2018, the prime lending rate was 6.75% which made the pricing in effect at the time sufficient from a profitable perspective. “It has since dropped by a total 1.5%. The funds that are loaned to customers are sourced at a high rate, which now leaves the Bank with marginal profits on the portfolio before factoring in other operational expenses associated with administration of the scheme and after sales care of the portfolio,” said the CEO.
The Global Gender Gap Index, a report published by the World Economic Forum annually, has indicated that Botswana is among countries that fare badly when it comes to representation of women in legislative bodies.
The latest Global Gender Gap Index, published last week, benchmarks the current state and evolution of gender parity across four key dimensions (Economic Participation and Opportunity, Educational Attainment, Health and Survival, and Political Empowerment). It is the longest-standing index which tracks progress towards closing these gaps over time since its inception in 2006.
This year, the Global Gender Gap Index benchmarked 146 countries. Of these, a subset of 102 countries have been represented in every edition of the index since 2006, further providing a large constant sample for time series analysis.
Botswana ranks number 66 overall (out of 146 countries), with good rankings in most of the pillars. Botswana ranks 1st in Health and Survival, 7th in the Economic Participation and Opportunity, 22nd in Educational Attainment, and 129th in Political Empowerment.
The Global Gender Gap Index measures scores on a 0 to 100 scale and scores can be interpreted as the distance covered towards parity (i.e. the percentage of the gender gap that has been closed). The cross-country comparisons aim to support the identification of the most effective policies to close gender gaps.
The Economic Participation and Opportunity sub-index contains three concepts: the participation gap, the remuneration gap and the advancement gap. The participation gap is captured using the difference between women and men in labour-force participation rates. The remuneration gap is captured through a hard data indicator (ratio of estimated female-to-male earned income) and a qualitative indicator gathered through the World Economic Forum’s annual Executive Opinion Survey (wage equality for similar work).
Finally, the gap between the advancement of women and men is captured through two hard data statistics (the ratio of women to men among legislators, senior officials and managers, and the ratio of women to men among technical and professional workers).
The Educational Attainment sub-index captures the gap between women’s and men’s current access to education through the enrolment ratios of women to men in primary-, secondary- and tertiary-level education. A longer-term view of the country’s ability to educate women and men in equal numbers is captured through the ratio of women’s literacy rate to men’s literacy rate.
Health and Survival sub-index provides an overview of the differences between women’s and men’s health using two indicators. The first is the sex ratio at birth, which aims specifically to capture the phenomenon of “missing women”, prevalent in countries with a strong son preference. Second, the index uses the gap between women’s and men’s healthy life expectancy.
This measure provides an estimate of the number of years that women and men can expect to live in good health by accounting for the years lost to violence, disease, malnutrition and other factors. Political Empowerment sub-index measures the gap between men and women at the highest level of political decision-making through the ratio of women to men in ministerial positions and the ratio of women to men in parliamentary positions. In addition, the reported included the ratio of women to men in terms of years in executive office (prime minister or president) for the last 50 years.
In the last general elections, only three women won elections, compared to 54 males. The three women are; Nnaniki Makwinja (Lentsweletau-Mmopane), Talita Monnakgotla (Kgalagadi North), and Anna Mokgethi (Gaborone Bonnington North). Four women were elected through Specially Elected dispensation; Peggy Serame, Dr Unity Dow, Phildah Kereng and Beauty Manake. All female MPs — save Dow, who resigned — are members of the executive.
Overall, Botswana has 63 seats, all 57 elected by the electorates, and six elected by parliament. Early this year, Botswana Democratic Party (BDP) secretary general and Gaborone North MP, Mpho Balopi, successfully moved a motion in parliament calling for increment of elective seats from 57 to 61. Balopi contented that population growth demands the country respond by increasing the number of MPs.
In Africa, Botswana play second fiddle to countries like Rwanda, Namibia, South Africa, Burundi, and Zimbabwe who have better representation of women, with Rwanda being the only country with more than 50 percent of women in parliament.
The low number of women in parliament is attributed to Botswana’s current, electoral system, First-Past-the-Post. During the 9th parliament, then MP for Mahalapye East tabled a motion in parliament in which she sort to increase the number of Specially Elected MPs in parliament to augment female representation in the National Assembly.
The motion was opposed famously, by then Specially Elected MP, Botsalo Ntuane, who said the citizens were not in favour of such a move since it dilute democracy, instead suggesting the Botswana should switch to Proportional-Representation-System. Botswana is currently undergoing Constitutional Review process, with the commission, appointed in December, expected to deliver the report to President Mokgweetsi Masisi by September this year.