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Augustine rips into toothless Ombudsman

With just a year into the office, Ombudsman Augustine Makgonatsotlhe is already firing shots at his office and calling for rigorous transformation.

In an exclusive interview with WeekendPost this week the Ombudsman fired from the hip, saying that the office was in dire need of transformation; has to be given more powers; more resources and most importantly it should be given space to be totally independent.

 

“In an ideal situation, an institution of this nature (Ombudsman) should be completely independent; and that means legally independent, operationally independent, and even in terms of budgets, it should be divorced from the executive; so that at the end of the day they get the budget from parliament and also report directly to parliament with no connections to the executive,” Makgonatsotlhe pointed out.

He continued: “you know at the moment we are not completely independent. We are only independent in as far as operations or investigations of cases are concerned. Otherwise we rely on public service for everything including personnel, resources so to the extent that in other peoples’ eyes we are completely not independent,” the Ombudsman told WeekendPost. He also pointed out that the country is still confined to the “classical ombudsman” model which only makes recommendations which are not binding.

“I make recommendations in terms of our Ombudsman Act and that is not binding unlike in other countries like South Africa where it is very clear in their constitution that the decisions of the Public Protector are binding.” He added that in that case you cannot ignore them; it is either you comply or when you are dissatisfied with the decision you have to go to court and ask for judicial review.  “That’s why in Botswana people say the ombudsman is a toothless bulldog,” he lashed out.

The distinguished qualified legal practitioner also highlighted that the office of the Ombudsman being directly linked with the executive takes away its credibility. He said the office can therefore not be accredited to other international respected bodies like the United Nations body for human rights. A number of countries he said have adopted the modern model of the office of Ombudsman being South Africa, Namibia, Lesotho, Kenya, Tanzania, and Ghana.

 

The modern model gives the ombudsman more powers and multiple mandates that are not only confined to maladministration like it is in Botswana. “Personally, my belief is that we should go that route. But I am not the one to change the law. It is parliament with its wisdom to decide to change the law. They can move to that.”

Makgonatsotlhe met Thuli Madonsela to benchmark

Makgonatsotlhe is left with only three years of the four year contract awarded him by President Lt. Gen. Seretse Khama Ian Khama. He says he is still settling in the office and part of that being him visiting South Africa’s ex Public Protector, Thuli Madonsela.
“I had the opportunity to go to her office and see how they do their investigations. They are not terribly different from the way we are doing our investigations because the Ombudsman and the Public Protector are similar in a way, even though in South Africa they have a bigger mandate than we have in Botswana.”

He said he also managed to see how they interact with other governance institutions like human rights commission as all these institutions are established under chapter 9 of South African constitution. The institutions, he said, are specifically mandated to strengthen the constitutional democracy of South Africa. Makgonatsotlhe said that in South Africa, the Public Protector just investigate maladministration but also investigates corruption and issues of unethical conduct of leadership under the Executive Members Ethics Act which empowers him/her to investigate any unethical conduct done by any member of the executive.

“The thing with them is that they don’t have a Directorate on Corruption and Economic Crime (DCEC) like we have in Botswana; they only deal with a Public Protector.” While he said Botswana has a human rights commission housed under the office of the ombudsman, Makgonatsotlhe cautioned that in an ideal situation a human rights commission has to be a standalone, like in South Africa. “This has created problems in many countries because if you have many mandates its highly likely that one will suffer.”

The issue of his recommendation of Btv biasness

In relation to the report he recently released after carrying out investigations on behalf of Botswana National Front Vice President Prince Dibeela, he says he believes he carried the matter fairly and professionally in terms of the law. He justified his recommendation which stated that Btv was biased against opposition parties in favour of ruling Botswana Democratic Party saying his office investigates all complaints as long as the ombudsman has a jurisdiction on them.  “And we do that with no fear or favour. That is the job. I mean it must be done appropriately as we have been assigned to do.”

When asked if it is not likely that the political leadership may feel hard done by his recommendations, and maybe have a problem with it he said “then it is not our problem. It doesn’t bother me at all. For as long as my conscience is clear on the matter. I would have done what I was supposed to do.” The long serving Public Servants also emphasized that it gives logic that decisions or recommendations of the ombudsman should be binding so that the body is taken seriously.

 

“We should ensure that when it has taken the decision, those decisions are complied with; if it doesn’t it will be as if those decisions were never made. The office should be strengthened to have more meaning to Batswana and make an impact in the governance and administration of the country.”


He added: “The authorities can decide to comply or not as it stands. Like what I said before that’s where really the problem is, they are not forced to comply by the law.”

However he still believes that the ombudsman has moral authority. So for the fact that they have created the office, it is logical also that whatever the decision it comes with should be complied with or else that will have a negative effect on the governance of the country. He continued: “Notwithstanding, if there is no compliance, what should happen is that, the ombudsman should do a special report on that same matter which he has to submit to parliament to tell them I have done this, I came to this conclusion and I made this recommendations but there has been no compliance. Then it will be up to parliament to see what to do.”  

Makgonatsotlhe on DCEC, IEC, Auditor General, Parliament

Makgonatsotlhe also says he wants to see the strengthening of all governance institutions particularly Directorate on Corruption and Economic Crime (DCEC), Independent Electoral Commission (IEC), the Auditor General and Parliament.
He said these are institutions that to him are very critical to strengthening democracy and governance. “When we have those institutions in a way that spill off when things are not running properly the economy will grow because investors will come and they will be sure of their investments. The rule of law will flourish when proper governance is there. The investors want to go to a place which is very safe and properly run and they are sure that they are protected and their investments are also protected that is my parting shot,” he said.

Meanwhile Leader of opposition and Umbrella for Democratic Change (UDC) President Duma Boko has repeatedly criticized the Ombudsman together with DCEC, IEC, Directorate on Intelligence and Security Services (DISS) saying in their current form they are useless and therefore call for totally disbanding and overhauling that may be effected when his party takes office.

 

The office of the Ombudsman came into existence around December 1997 after the law establishing the office was promulgated in 1995 and later assented by the then President Sir Ketumile Masire who is now late. The late Lethebe Amos Maine was the country’s first ombudsman and the second was Ofentse Lepodise (also late) while the third was Festinah Bakwena, being the incumbent, Makgonatsotlhe is the fourth.

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Gov’t has no budget for Magosi’s SADC chase

12th April 2021
Elias Magosi

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.

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Mzwinila’s P4.3 Billion gamble to keep water flowing

12th April 2021
orth-South-Carrier

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.

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Will Botswana’s Climate Change policy climax?

12th April 2021
Botswana Climate

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.

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