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“Architects Shun their New Law”

GOITSEMODIMO MANOWE

I have many questions that demand answers!

Who are these self-proclaimed “architects” in Botswana, the WeekendPost keeps on writing about who are in growing acrimony with the Architects’ Registration Council (ARC)? Why is their identity concealed, what are their academic credentials? Are they registered professionals and how many of them? Does the writer have proof that they are registered and are entitled to be called architects? Does she or he have vested interest?

When did these “architects” wake up to the reality that regulation is here and start organising to critique a piece of legislation that is nearly 10 years old? Surely it cannot be the more than 190 architectural professionals (list increasing) who currently appear on the register produced by the ARC and have found it fitting for their credentials to be accredited by the body established by an Act of Parliament. Yet the WeekendPost makes it seem like this is so- architects shunning their own law! Really?

 From the content of this article, the writer of the WeekendPost is incapable of comprehending the all-important difference between individuals masquerading as architects and those legitimately entitled by law to call themselves, practice and hold themselves as such.  Would the writer, for an example, call anybody challenging the relevant Act and not registered by the Health Professions Council in Botswana, a doctor? Why is the Weekend Post according those few individuals the credibility and legitimacy they don’t deserve? What happened to the questionnaire produced by the Weekend Post, on the same issues, that the ARC happily answered long ago and when will it be published for the benefit of the public?

The writer goes on: “It has come to the attention of this publication that excessive powers have been vested in the Architects’ Registration Council”. Precisely what powers does this Act give to the ARC that are excessive and different from those given to other similar regulatory bodies like the Engineers’ Registration Board (ERB), the Quantity Surveyors’ Registration Council (QSRC) or Botswana Institute of Chartered Accountant (BICA) for example?  Prior to regulation, engineering technicians were masquerading and practicing as professional engineers, nurses as doctors, accounting technicians as accountants, etc.

They no longer do and there are regulatory bodies to protect the integrity of those professions, in the national interest. Why should architecture be any different? If this is a mistake, then God forbid, the country must revisit all its laws regulating such professions. Why are we not hearing of a ridiculous argument, in the papers, that a nurse is to be permitted to act as a doctor simply because she or he has donkey years of experience and there is no record of a person who has died under their care when there was a shortage of doctors in the country and there was no Health Professionals Act? Should engineering technicians (not registered for that matter) be clamoring to be treated equally to professional engineers?
 

Would that be in the national interest? It would be interesting to know which stadium or hospital project in Botswana has been successfully implemented under the professional oversight, supervision and contract administration of a technician let alone a draftsperson? The ARC would be very interested in concrete examples.

Price fixing: Just how can price fixing (assuming he or she means lack of competition) exists where there is room for fee bidding. Fact: The framework that regulates the delivery of architectural service is available, to ensure value-for-money and to eliminate undercutting at fees that cannot sustain proper professional service, allows for competitive fee offers. Like with the Public Procurement and Disposal Act, such competitive fee offers must still be evaluated to determine if they are rational, because there comes a point where a competitive fee offer cannot result in value-for-money and may directly result in short-cuts in the delivery of professional services to the detriment of the client. The self-proclaimed architects obviously do not have a clue about the said framework and how the ethics of the profession work.

What the proponents of this misinformation about “price fixing” really want is a situation where a self-proclaimed technologist could continue to undercut an architect and claim, to an unsuspecting and innocent client, the ability to offer the same quality of service at a cheaper price. That is not value-for-money and that is not in the public interest! In that connection, public interest is not always and simply that of a client or owner of a building. It is also the interest of end-users and national interest regarding occupational health, safety, environmental issues, etc-things that the lowest fee does not always or necessarily guarantee, especially in a commercial environment.

The article on monopoly: Are there not enough draftspersons, technologists or architects in this country to compete amongst themselves such that this would create monopoly of architectural services by any group or category? What is wrong with competition exclusively between individuals of the same qualifications, professional standing and competency levels as in medicine, law, engineering and accounting, for example?

Is this not the foundation for our own Public Procurement and Asset Disposal Act? What precisely is wrong with the provision, in the Act, to standardize the tariff of fees that is cost-based, like in Kenya, Zambia, Tanzania, and many other countries in order to maximize competition on merit (maximize value for money) and where there is an option to that tariff table and for clients to invite competitive fee offers based on hourly rates, as the tariff provides? Does this law prevent competition between draftspersons or technologists at the exclusion of architects where building size and complexity is within the expected and established competency levels of such professionals?

The answer to this question, and for the knowledge of the general public, is a big NO! Is a draftsperson as competent as a technologist or architect? Is this the logic? Here readers can judge for themselves! How has the internationally adopted principle of alignment of the duty of care and skill to levels of training and qualifications, in any profession, ever impacted negatively on the economy of any country and society, and which country serves as an example? Is this not the principle that underpins the national qualifications framework, here in Botswana and elsewhere?

The article on fees for direct appointment; Fact: In terms of the current tariff, a building costing P180,000 or less would attract a fee, for the entire service from inception to end of construction on site (i.e. 7 work-stages in total), of P13, 302-75 to be precise. The portion of this fee, up and including submission to Town or City Council would be P5,321-10, and the client is under no obligation to appoint anyone for the entire service and need not do so. But then why would any client take this route, at all, if one can pay only P2,629-00 to a draftsperson for 8-hour work, up to and including technical documentation (all stages prior to construction documentation; stages 1 & 4) based on hourly rates, as the tariff provides, and seeing that an architect or technologist is not necessary, for that small building, and partial services may be selected? Is this not comparable to what people have been paying all along, by selecting the services and professionals they really need and can afford and omitting the rest? Let us be serious: how, then, has this tariff (both project cost and time based) negatively affected affordable housing, driven up costs, impoverished the ordinary Motswana or denied the public access to architectural services?

Who is misleading who, and is this not deliberate misinformation for personal gain and hidden agenda- the true agenda and open secret being that self-proclaimed technologists who have, by default, been practicing as architects should automatically be declared as such and draftspersons somehow also get dragged into the argument to help the cause? The Act permits anybody with the requisite knowledge and skill to apply for any category of registration. If such people possess the qualifications to register and practice as architects, why have they not come forward to apply for registration in that category?

Titles of degrees or diplomas are not important- the self-proclaimed professionals know that but would rather mislead the public to believe that they are competent and do not have to be subjected to the rigour of regulation. The public must believe that a draftsperson or someone just a notch above does not need oversight on large and complex projects. The public is also made to believe that a person trained over a period of 3 years of study (entry level for technologist) and sometimes through a City and Guilds diploma program deserves equal recognition to a degree holder from UB who has gone through 5 years of full time study; – soon to become 6 years. That is simply preposterous and a threat to the integrity of the profession.

Representation in the ARC: It is claimed that there in not enough public representation and the Architects Association of Botswana (AAB) is conflicted. Fact: The Act provides, to some degree, and not for wholesale self-regulation. Any institute that represents the majority of architectural professionals (architectural draftspersons and architectural technologists included), i.e. those registered by the ARC and recognized as professionals, elects 4 members to the Council. All that a rival institute has to do is prove that their membership outnumbers that of the one currently represented. The Minister (a public representative) appoints 2 members, one of whom does not have to be an architectural professional.

The Human Resource Development Council (a public body) appoints 1 member. The Department of Building and Engineering Services (yet another public organization) has representation in the form of an ex-officio member. How much more can this become public and democratic? The WeekendPost story will be more interesting and beneficial to the nation if the host of questions above are answered and facts stated cleanly disputed.

Goitsemodimo S. Manowe is a registered and seasoned practicing architect. he is the founding Chairperson of the Architects’ Registration Council.  He writes in his personal capacity.

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Opinions

IEC Disrespects Batswana: A Critical Analysis

10th November 2023

The Independent Electoral Commission (IEC) has recently faced significant criticism for its handling of the voter registration exercise. In this prose I aim to shed light on the various instances where the IEC has demonstrated a lack of respect towards the citizens of Botswana, leading to a loss of credibility. By examining the postponements of the registration exercise and the IEC’s failure to communicate effectively, it becomes evident that the institution has disregarded its core mandate and the importance of its role in ensuring fair and transparent elections.

Incompetence or Disrespect?

One possible explanation for the IEC’s behavior is sheer incompetence. It is alarming to consider that the leadership of such a critical institution may lack the understanding of the importance of their mandate. The failure to communicate the reasons for the postponements in a timely manner raises questions about their ability to handle their responsibilities effectively. Furthermore, if the issue lies with government processes, it calls into question whether the IEC has the courage to stand up to the country’s leadership.

Another possibility is that the IEC lacks respect for its core clients, the voters of Botswana. Respect for stakeholders is crucial in building trust, and clear communication is a key component of this. The IEC’s failure to communicate accurate and complete information, despite having access to it, has fueled speculation and mistrust. Additionally, the IEC’s disregard for engaging with political parties, such as the Umbrella for Democratic Change (UDC), further highlights this disrespect. By ignoring the UDC’s request to observe the registration process, the IEC demonstrates a lack of regard for its partners in the electoral exercise.

Rebuilding Trust and Credibility:

While allegations of political interference and security services involvement cannot be ignored, the IEC has a greater responsibility to ensure its own credibility. The institution did manage to refute claims by the DISS Director that the IEC database had been compromised, which is a positive step towards rebuilding trust. However, this remains a small glimmer of hope in the midst of the IEC’s overall disregard for the citizens of Botswana.

To regain the trust of Batswana, the IEC must prioritize respect for its stakeholders. Clear and timely communication is essential in this process. By engaging with political parties and addressing their concerns, the IEC can demonstrate a commitment to transparency and fairness. It is crucial for the IEC to recognize that its credibility is directly linked to the trust it garners from the voters.

Conclusion:

The IEC’s recent actions have raised serious concerns about its credibility and respect for the citizens of Botswana. Whether due to incompetence or a lack of respect for stakeholders, the IEC’s failure to communicate effectively and handle its responsibilities has damaged its reputation. To regain trust and maintain relevance, the IEC must prioritize clear and timely communication, engage with political parties, and demonstrate a commitment to transparency and fairness. Only by respecting the voters of Botswana can the IEC fulfill its crucial role in ensuring free and fair elections.

 

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Opinions

Fuelling Change: The Evolving Dynamics of the Oil and Gas Industry

4th April 2023

The Oil and Gas industry has undergone several significant developments and changes over the last few years. Understanding these developments and trends is crucial towards better appreciating how to navigate the engagement in this space, whether directly in the energy space or in associated value chain roles such as financing.

Here, we explore some of the most notable global events and trends and the potential impact or bearing they have on the local and global market.

Governments and companies around the world have been increasingly focused on transitioning towards renewable energy sources such as solar and wind power. This shift is motivated by concerns about climate change and the need to reduce greenhouse gas emissions. Africa, including Botswana, is part of these discussions, as we work to collectively ensure a greener and more sustainable future. Indeed, this is now a greater priority the world over. It aligns closely with the increase in Environmental, Social, and Governance (ESG) investing being observed. ESG investing has become increasingly popular, and many investors are now looking for companies that are focused on sustainability and reducing their carbon footprint. This trend could have significant implications for the oil and fuel industry, which is often viewed as environmentally unsustainable. Relatedly and equally key are the evolving government policies. Government policies and regulations related to the Oil and Gas industry are likely to continue evolving with discussions including incentives for renewable energy and potentially imposing stricter regulations on emissions.

The COVID-19 pandemic has also played a strong role. Over the last two years, the pandemic had a profound impact on the Oil and Gas industry (and fuel generally), leading to a significant drop in demand as travel and economic activity slowed down. As a result, oil prices plummeted, with crude oil prices briefly turning negative in April 2020. Most economies have now vaccinated their populations and are in recovery mode, and with the recovery of the economies, there has been recovery of oil prices; however, the pace and sustainability of recovery continues to be dependent on factors such as emergence of new variants of the virus.

This period, which saw increased digital transformation on the whole, also saw accelerated and increased investment in technology. The Oil and Gas industry is expected to continue investing in new digital technologies to increase efficiency and reduce costs. This also means a necessary understanding and subsequent action to address the impacts from the rise of electric vehicles. The growing popularity of electric vehicles is expected to reduce demand for traditional gasoline-powered cars. This has, in turn, had an impact on the demand for oil.

Last but not least, geopolitical tensions have played a tremendous role. Geopolitical tensions between major oil-producing countries can and has impacted the supply of oil and fuel. Ongoing tensions in the Middle East and between the US and Russia could have an impact on global oil prices further, and we must be mindful of this.

On the home front in Botswana, all these discussions are relevant and the subject of discussion in many corporate and even public sector boardrooms. Stanbic Bank Botswana continues to take a lead in supporting the Oil and Gas industry in its current state and as it evolves and navigates these dynamics. This is through providing financing to support Oil and Gas companies’ operations, including investments in new technologies. The Bank offers risk management services to help oil and gas companies to manage risks associated with price fluctuations, supply chain disruptions and regulatory changes. This includes offering hedging products and providing advice on risk management strategies.

Advisory and support for sustainability initiatives that the industry undertakes is also key to ensuring that, as companies navigate complex market conditions, they are more empowered to make informed business decisions. It is important to work with Oil and Gas companies to develop and implement sustainability strategies, such as reducing emissions and increasing the use of renewable energy. This is key to how partners such as Stanbic Bank work to support the sector.

Last but not least, Stanbic Bank stands firmly in support of Botswana’s drive in the development of the sector with the view to attain better fuel security and reduce dependence risk on imported fuel. This is crucial towards ensuring a stronger, stabler market, and a core aspect to how we can play a role in helping drive Botswana’s growth.  Continued understanding, learning, and sustainable action are what will help ensure the Oil and Gas sector is supported towards positive, sustainable and impactful growth in a manner that brings social, environmental and economic benefit.

Loago Tshomane is Manager, Client Coverage, Corporate and Investment Banking (CIB), Stanbic Bank Botswana

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Opinions

Brands are important

27th March 2023

So, the conclusion is brands are important. I start by concluding because one hopes this is a foregone conclusion given the furore that erupts over a botched brand. If a fast food chef bungles a food order, there’d be possibly some isolated complaint thrown. However, if the same company’s marketing expert or agency cooks up a tasteless brand there is a country-wide outcry. Why?  Perhaps this is because brands affect us more deeply than we care to understand or admit. The fact that the uproar might be equal parts of schadenfreude, black twitter-esque criticism and, disappointment does not take away from the decibel of concern raised.

A good place to start our understanding of a brand is naturally by defining what a brand is. Marty Neumier, the genius who authored The Brand Gap, offers this instructive definition – “A brand is a person’s gut feel about a product or service”. In other words, a brand is not what the company says it is. It is what the people feel it is. It is the sum total of what it means to them. Brands are perceptions. So, brands are defined by individuals not companies. But brands are owned by companies not individuals. Brands are crafted in privacy but consumed publicly. Brands are communal. Granted, you say. But that doesn’t still explain why everybody and their pet dog feel entitled to jump in feet first into a brand slug-fest armed with a hot opinion. True. But consider the following truism.

 

Brands are living. They act as milestones in our past. They are signposts of our identity. Beacons of our triumphs. Indexes of our consumption. Most importantly, they have invaded our very words and world view. Try going for just 24 hours without mentioning a single brand name. Quite difficult, right? Because they live among us they have become one of us. And we have therefore built ‘brand bonds’ with them. For example, iPhone owners gather here. You love your iPhone. It goes everywhere. You turn to it in moments of joy and when we need a quick mood boost. Notice how that ‘relationship’ started with desire as you longingly gazed upon it in a glossy brochure. That quickly progressed to asking other people what they thought about it. Followed by the zero moment of truth were you committed and voted your approval through a purchase. Does that sound like a romantic relationship timeline. You bet it does. Because it is. When we conduct brand workshops we run the Brand Loyalty ℱ exercise wherein we test people’s loyalty to their favourite brand(s). The results are always quite intriguing. Most people are willing to pay a 40% premium over the standard price for ‘their’ brand. They simply won’t easily ‘breakup’ with it. Doing so can cause brand ‘heart ache’. There is strong brand elasticity for loved brands.

 

Now that we know brands are communal and endeared, then companies armed with this knowledge, must exercise caution and practise reverence when approaching the subject of rebranding. It’s fragile. The question marketers ought to ask themselves before gleefully jumping into the hot rebranding cauldron is – Do we go for an Evolution (partial rebrand) or a Revolution(full rebrand)? An evolution is incremental. It introduces small but significant changes or additions to the existing visual brand. Here, think of the subtle changes you’ve seen in financial or FMCG brands over the decades. Evolution allows you to redirect the brand without alienating its horde of faithful followers. As humans we love the familiar and certain. Change scares us. Especially if we’ve not been privy to the important but probably blinkered ‘strategy sessions’ ongoing behind the scenes. Revolutions are often messy. They are often hard reset about-turns aiming for a total new look and ‘feel’.

 

 

Hard rebranding is risky business. History is littered with the agony of brands large and small who felt the heat of public disfavour. In January 2009, PepsiCo rebranded the Tropicana. When the newly designed package hit the shelves, consumers were not having it. The New York Times reports that ‘some of the commenting described the new packaging as ‘ugly’ ‘stupid’. They wanted their old one back that showed a ripe orange with a straw in it. Sales dipped 20%. PepsiCo reverted to the old logo and packaging within a month. In 2006 Mastercard had to backtrack away from it’s new logo after public criticism, as did Leeds United, and the clothing brand Gap. AdAge magazine reports that critics most common sentiment about the Gap logo was that it looked like something a child had created using a clip-art gallery. Botswana is no different. University of Botswana had to retreat into the comfort of the known and accepted heritage strong brand.  Sir Ketumile Masire Teaching Hospital was badgered with complaints till it ‘adjusted’ its logo.

 

 

So if the landscape of rebranding is so treacherous then whey take the risk? Companies need to soberly assess they need for a rebrand. According to the fellows at Ignyte Branding a rebrand is ignited by the following admissions :

Our brand name no longer reflects our company’s vision.
We’re embarrassed to hand out our business cards.

Our competitive advantage is vague or poorly articulated.
Our brand has lost focus and become too complex to understand. Our business model or strategy has changed.
Our business has outgrown its current brand.
We’re undergoing or recently underwent a merger or acquisition. Our business has moved or expanded its geographic reach.
We need to disassociate our brand from a negative image.
We’re struggling to raise our prices and increase our profit margins. We want to expand our influence and connect to new audiences. We’re not attracting top talent for the positions we need to fill. All the above are good reasons to rebrand.

The downside to this debacle is that companies genuinely needing to rebrand might be hesitant or delay it altogether. The silver lining I guess is that marketing often mocked for its charlatans, is briefly transformed from being the Archilles heel into Thanos’ glove in an instant.

So what does a company need to do to safely navigate the rebranding terrain? Companies need to interrogate their brand purpose thoroughly. Not what they think they stand for but what they authentically represent when seen through the lens of their team members. In our Brand Workshop we use a number of tools to tease out the compelling brand truth. This section always draws amusing insights. Unfailingly, the top management (CEO & CFO)always has a vastly different picture of their brand to the rest of their ExCo and middle management, as do they to the customer-facing officer. We have only come across one company that had good internal alignment. Needless to say that brand is doing superbly well.

There is need a for brand strategies to guide the brand. One observes that most brands ‘make a plan’ as they go along. Little or no deliberate position on Brand audit, Customer research, Brand positioning and purpose, Architecture, Messaging, Naming, Tagline, Brand Training and may more. A brand strategy distils why your business exists beyond making money – its ‘why’. It defines what makes your brand what it is, what differentiates it from the competition and how you want your customers to perceive it. Lacking a brand strategy disadvantages the company in that it appears soul-less and lacking in personality. Naturally, people do not like to hang around humans with nothing to say. A brand strategy understands the value proposition. People don’t buy nails for the nails sake. They buy nails to hammer into the wall to hang pictures of their loved ones. People don’t buy make up because of its several hues and shades. Make up is self-expression. Understanding this arms a brand with an iron clad clad strategy on the brand battlefield.

But perhaps you’ve done the important research and strategy work. It’s still possible to bungle the final look and feel.  A few years ago one large brand had an extensive strategy done. Hopes were high for a top tier brand reveal. The eventual proposed brand was lack-lustre. I distinctly remember, being tasked as local agency to ‘land’ the brand and we outright refused. We could see this was a disaster of epic proportions begging to happen. The brand consultants were summoned to revise the logo. After a several tweaks and compromises the brand landed. It currently exists as one of the country’s largest brands. Getting the logo and visual look right is important. But how does one know if they are on the right path? Using the simile of a brand being a person – The answer is how do you know your outfit is right? It must serve a function, be the right fit and cut, it must be coordinated and lastly it must say something about you. So it is possible to bath in a luxurious bath gel, apply exotic lotion, be facebeat and still somehow wear a faux pas outfit. Avoid that.

Another suggestion is to do the obvious. Pre-test the logo and its look and feel on a cross section of your existing and prospective audience. There are tools to do this. Their feedback can save you money, time and pain. Additionally one must do another obvious check – use Google Image to verify the visual outcome and plain Google search to verify the name. These are so obvious they are hopefully for gone conclusions. But for the brands that have gone ahead without them, I hope you have not concluded your brand journeys as there is a world of opportunity waiting to be unlocked with the right brand strategy key.

Cliff Mada is Head of ArmourGetOn Brand Consultancy, based in Gaborone and Cape Town.

cliff@armourgeton.com

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