The commander of Botswana Defence Force (BDF), Lieutenant General Placid Segokgo sits poised to be the only commander to pose a serious test to President Ian Khama’s lengthy period as commander of the armed forces.
Information gathered by this publication indicates that the army is in the process of reviewing the BDF Act. The review will entail an overhaul of retirement ages of all disciplined forces of all ranks, from non-commissioned officers to army officers. BDF’s retirement age for officers will be hiked from 55 to 60.This means that, Segokgo who last year put his age at 53 will have another lap of 6 years before retiring. All things constant, Segokgo was set to retire on the 3rd or 4th quarter of 2018 and he would have been the shortest serving commander, having served only 2 years.
Retirement ages of other ranks will also be overhauled. In the current Act, Privates retire at the age of 45.However, a BDF insider told this publication that it seldom happens that a private can mandatorily be retired at 45 years because they would have long been elevated to other ranks. President Khama became BDF commander in 1989 after his predecessor Mompati Merafhe left for the world of politics. Khama would also follow the same path by resigning 10 years later in 1998, to also wade into ruling party politics.
Khama spent a total of 9 years as commander while Merafhe spent an aggregate of 13 years. However, Khama easily beats all of BDF commanders in terms of having spent a long time as an officer of the general staff. He became an untried 1-star Brigadier General at the age of 24. He rivals Napoleon Bonaparte, who also became a Brigadier General during the French Revolution almost 200 years ago, at the same age. He retired from service at the age of 45 in 1998 to make his leap into politics.
President Khama joined the BDF in 1977 after Parliament passed the Botswana Defence Force Act. About 123 men among them Botswana Police Commissioner Mompati Merafhe and Khama, were drafted into the newly formed BDF with Merafhe as commander deputized by Ian Khama. Last year it was speculated in the press that Segokgo could leave the army in two years if his contract was not extended by the head of state at the time.
Segokgo was bestowed the commandership of BDF by President Khama and his predecessor, Lt Gen Gaolathe Galebotswe last September, beneath the celebratory sonic boom of F-5 fighter jets. By his own admission, he is two years junior to then outgoing commander, Lt Gen. Galebotswe who retired after reaching the mandatory military retirement age of 55.
Retired Lt Gen Tebogo Masire is the only BDF commander to have had his contract extended by the head of state. Masire took over from Lieutenant General Matshwenyego Fisher in 2006 and his contract was extended for two years when he reached the retirement age of 55. Masire had served a period of 9 years as commander. Ironically, Segokgo and Galebotswe were in the same Officer Cadet Serial 3 of 1983, otherwise known as ‘The Golden Class’.
The two Lieutenant Generals can even be seen sitting side by side in photographs of Officer Cadet Serial 3 of 1983. The Golden Class included Lt Gen Placid Segokgo himself, Lt Gen Gaolathe Galebotswe, Brigadier Otumiseng Tseleng, Brigadier Mukani Mokobi, Colonel Philip Lebele and Lt Col Geoffrey Mosimaneotsile among others.
Other high ranking military men from The Golden Class include the now Deputy Commander Major General Gotsileene Morake, Brigadier Lawrence Rapula, retired Brigadier George Tlhalerwa, Brigadier Cullen Nkele, and Brigadiers Seretse, Jansen and Kethibogile. Ironically, it was not the first instance Segokgo treaded paths charted by Galebotswe. One Brigadier Lawrence Rapula wrote that, in a football match against BDF XI, Galebotswe once traded the manning of the goal posts to Segokgo, to lead the strike force against the opponents and in the end they thrashed BDF XI 2-0.
The soft-spoken general said in his speech at the change of command that his focus “as commander of BDF shall be in the five key areas of capability, improvement of our conditions of service, the finalization of the BDF Act review as well as the provision of ready trained forces underpinned by our values.”
Segokgo further highlighted that his pivot as commander will be toward the welfare of soldiers, stating that: “no military can ever provide a credible defence deterrent without taking care of its people. The welfare of our nation’s troops should remain an enduring principle of our defense strategy.”
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.