Botswana Communication Regulatory Authority (BOCRA) presided over a matter between Easimail (Pty) Ltd and BotswanaPost involving the supply and maintenance of franking machines and determined as follows:
Selling and maintaining franking machines does not require a licence under the Communications Regulatory Authority Act, 2012 as it does not amount to providing a postal service under the Act;
Franking machines require Type Approval in terms of Section 85 of the CRA Act;
All franking machines used in Botswana should conform to the ISO 5138-7:1986 standard or its equivalent; and
There is no justification for limiting the number of companies that wish to sell franking machines.
The facts of the dispute are that in 2005, Easimail and BotswanaPost entered into an arrangement that mandated Easimail to:
Collect monies due to BotswanaPost in respect of a postage fees purchased by users of franking machines;
Collect annual fees for each deployed franking machine on behalf of BotswanaPost; and
Provide remote meter setting for customers.
Following a fraud incident in 2013, the arrangement was varied relieving Easimail of the mandate to collect monies due to BotswanaPost in respect of postage fees purchased by users of franking machines. Easimail sought the intervention of BOCRA when this year, BotswanaPost started contacting Easimail contracted customers proposing to supply them with franking machines directly.
BotswanaPost held the view that a franking service was a component of postal services, and as such Easimail was contravening the CRA Act by offering this service without a license from BOCRA. BotswanaPost further argued that the advent of the CRA Act nullified the arrangement it had with Easimail as the powers to license the sale of franking machines now resided with BOCRA. BOCRA determined that Easimail did not contravene CRA Act as selling and maintaining franking machines does not amount to providing a postal service that require a licence under the Act.
BOCRA also determined that ranking machines require Type Approval in terms of Section 85 of the CRA Act and that all franking machines used in Botswana should conform to the ISO 5138-7:1986 standard or its equivalent. Finally, BOCRA determined that there was no justification for limiting the number of companies that wish to sell franking machines hence BotswanaPost was entitled to participate in the business.
However, BotswanaPost was required to sign a Service Level Agreement with end users of franking machines to ensure that it does not give preferential treatment to its franking machine customers. The Service Level Agreement which would be approved by BOCRA must be based on the key principles of open access, transparency and non-discrimination.
This century is always looking at improving new super high speed technology to make life easier. On the other hand, beckoning as an emerging fierce reversal force to equally match or dominate this life enhancing super new tech, comes swift human adversaries which seem to have come to make living on earth even more difficult.
The recent discovery of a pandemic, Covid-19, which moves at a pace of unimaginable and unpredictable proportions; locking people inside homes and barring human interactions with its dreaded death threat, is currently being felt.
Member of Parliament for Kanye North, Thapelo Letsholo has cautioned Government against excessive borrowing and poorly managed debt levels.
He was speaking in Parliament on Tuesday delivering Parliament’s Finance Committee report after assessing a motion that sought to raise Government Bond program ceiling to P30 billion, a big jump from the initial P15 Billion.
Government Investment Account (GIA) which forms part of the Pula fund has been significantly drawn down to finance Botswana’s budget deficits since 2008/09 Global financial crises.
The 2009 global economic recession triggered the collapse of financial markets in the United States, sending waves of shock across world economies, eroding business sentiment, and causing financiers of trade to excise heightened caution and hold onto their cash.
The ripple effects of this economic catastrophe were mostly felt by low to middle income resource based economies, amplifying their vulnerability to external shocks. The diamond industry which forms the gist of Botswana’s economic make up collapsed to zero trade levels across the entire value chain.
The Upstream, where Botswana gathers much of its diamond revenue was adversely impacted by muted demand in the Midstream. The situation was exacerbated by zero appetite of polished goods by jewelry manufacturers and retail outlets due to lowered tail end consumer demand.
This resulted in sharp decline of Government revenue, ballooned budget deficits and suspension of some developmental projects. To finance the deficit and some prioritized national development projects, government had to dip into cash balances, foreign reserves and borrow both externally and locally.
Much of drawing was from Government Investment Account as opposed to drawing from foreign reserve component of the Pula Fund; the latter was spared as a fiscal buffer for the worst rainy days.
Consequently this resulted in significant decline in funds held in the Government Investment Account (GIA). The account serves as Government’s main savings depository and fund for national policy objectives.
However as the world emerged from the 2009 recession government revenue graph picked up to pre recession levels before going down again around 2016/17 owing to challenges in the diamond industry.
Due to a number of budget surpluses from 2012/13 financial year the Government Investment Account started expanding back to P30 billion levels before a series of budget deficits in the National Development Plan 11 pushed it back to decline a decline wave.
When the National Development Plan 11 commenced three (3) financial years ago, government announced that the first half of the NDP would run at budget deficits.
This as explained by Minister of Finance in 2017 would be occasioned by decline in diamond revenue mainly due to government forfeiting some of its dividend from Debswana to fund mine expansion projects.
Cumulatively since 2017/18 to 2019/20 financial year the budget deficit totaled to over P16 billion, of which was financed by both external and domestic borrowing and drawing down from government cash balances. Drawing down from government cash balances meant significant withdrawals from the Government Investment Account.
The Government Investment Account (GIA) was established in accordance with Section 35 of the Bank of Botswana Act Cap. 55:01. The Account represents Government’s share of the Botswana‘s foreign exchange reserves, its investment and management strategies are aligned to the Bank of Botswana’s foreign exchange reserves management and investment guidelines.
Government Investment Account, comprises of Pula denominated deposits at the Bank of Botswana and held in the Pula Fund, which is the long-term investment tranche of the foreign exchange reserves.
In June 2017 while answering a question from Bogolo Kenewendo, the then Minister of Finance & Economic Development Kenneth Mathambo told parliament that as of June 30, 2017, the total assets in the Pula Fund was P56.818 billion, of which the balance in the GIA was P30.832 billion.
Kenewendo was still a back bench specially elected Member of Parliament before ascending to cabinet post in 2018. Last week Minister of Finance & Economic Development, Dr Thapelo Matsheka, when presenting a motion to raise government local borrowing ceiling from P15 billion to P30 Billion told parliament that as of December 2019 Government Investment Account amounted to P18.3 billion.
Dr Matsheka further told parliament that prior to financial crisis of 2008/9 the account amounted to P30.5 billion (41 % of GDP) in December of 2008 while as at December 2019 it stood at P18.3 billion (only 9 % of GDP) mirroring a total decline by P11 billion in the entire 11 years.
Back in 2017 Parliament was also told that the Government Investment Account may be drawn-down or added to, in line with actuations in the Government’s expenditure and revenue outturns. “This is intended to provide the Government with appropriate funds to execute its functions and responsibilities effectively and efficiently” said Mathambo, then Minister of Finance.
Acknowledging the need to draw down from GIA no more, current Minister of Finance Dr Matsheka said “It is under this background that it would be advisable to avoid excessive draw down from this account to preserve it as a financial buffer”
He further cautioned “The danger with substantially reduced financial buffers is that when an economic shock occurs or a disaster descends upon us and adversely affects our economy it becomes very difficult for the country to manage such a shock”