Botswana Democratic Party (BDP) caucus for Members of Parliament held on Tuesday this week discussed the proposed the Presidents (Gratuity, Pensions and Retirement Benefits) Bill, 2016 and President Lt Gen Dr Ian Khama’s proposal did not get much love from mostly the party’s backbenchers.
On 24th March 2016, government published the Presidents (Gratuity, Pensions and Retirement Benefits) Bill, 2016. Through this Bill, government intends to amend the Presidents (Pensions and Retirement Benefits) Act, 1998 (hereinafter referred to as the Act).
Information reaching this publication suggests that the BDP MPs did not even want to deal with the contents or the merits of the proposed Bill. Instead they made it clear to President Khama that if he wants them to deliberate on his request, he should first address the plight of civil servants, Dikgosi, Members of Parliament, Councillors and Dikgosi. A handful of those who voiced out indicated that these four groups have been asking Government to review their conditions of service but with no success.
Members of Parliament including Polson Majaga of Nata-Gweta and Kosta Markus of Maun East made it clear that they will not support the Bill if it does not address the other four groups. The Maun West MP made it known that the President is in office by virtue of MPs being elected from their respective constituencies. He is reported to have stated that if he had failed to win the Maun West constituency this could have hampered Khama’s chances of being President therefore MPs and Councillors as well as the ordinary voters who are also civil servants should also be considered for improved packages.
Majaga pointed out that Khama will not be president in 2019 when they go for the polls against the opposition. He said it is important that they support a Bill that they will be in a position to explain to the voters during campaigns. He is also reported to have stated that there is nothing in place for the retiring Vice President, Ministers and Members of Parliament. Weekend Post learns that Majaga called for a holistic approach to the correction of benefits for the civil service, ministers, MPs, Councillors and then the retirement package of the president.
Tati East Member of Parliament Samson Guma Moyo also objected to the proposed law. He was concerned that there are groups that have been urging government to refine their conditions of service but nothing has been done to date.
It has emerged that although cabinet had approved the proposed Bill, only one minister spoke in defense of the proposed law. One insider indicated to this publication that ministers could have chickened out of speaking for the proposal because of the “riotous” manner of the debates.
However it is expected that President Khama will bring the proposed law back to the BDP caucus for approval before it goes to Parliament for debate. The opposition has already made it clear that it will not support the proposed law hence the need for Khama to get the support of his own party Members of Parliament. The opposition and some of the BDP backbenchers are of the view that the Bill is self-serving and tends to breach some of the country’s practices where a person will be entitled to both pension and gratuity, they argue that a person should only claim one of the two.
Why BDP MPs shun the proposed Bill
Government recently announced a 3 percent salary hike for Civil Servants which was shunned by public service trade unions. Botswana Federation of Public Sector Unions (BOFEPUSU) even challenged it in court because it argued that it was not agreed at a legally recognized bargaining structure. On the other hand Botswana Public Employees Union (BOPEU) relegated it to a bonus award.
Dikgosi during their July sitting have made it abundantly clear that they want government to review their conditions of service. Chairman of Ntlo Ya Dikgosi, Kgosi Puso Gaborone is expected to have handed a proposal to the Minister of Local Government and Rural Development as per the request of members of Ntlo Ya Dikgosi.
Members of Parliament are also up in arms demanding that their conditions of service be reviewed and be aligned to those of the SADC region. Over a period of time a number of assessments in relation to Members of Parliament’s packages have been carried out but nothing has come out of such initiatives. At some point President Khama had accused some MPs who were pushing for salary increase for behaving like vultures. MPs last year had their salaries increased by about 35 percent, which to some was still small adjustment in comparative terms.
Councillors are concerned that there appears to be no one speaking for them when it comes to conditions of service. They point out that they do the most work at ward level and during the campaigns but when it comes to being paid they are the least rewarded. Through their Association, the Botswana Association of Local Authorities (BALA) they have tried to lobby for improved conditions of service, but at the time when Members of Parliament got a 35 percent salary increase, councilors got roughly 18 percent salary increase. Councillors still earn less than P10 000 a month.
The proposed law in brief
The Bill seeks to amend section 3 of the Act by introducing the payment of gratuity. It provides that “the President shall upon dissolution of Parliament, or immediately upon ceasing to hold office as such, be entitled to receive a gratuity equal to 30 percent of his or her current monthly basic salary multiplied by the number of months completed by him or her as President.”
Under the Act, “a tax free monthly pension equivalent to the monthly basic salary attached to the office at the time that that person ceased to hold office, or 80% of the incumbent President’s salary, whichever is greater, is payable. This pension benefit will also be retained under the amended Act.
Further, a surviving spouse of a person, who has held the Office of President- “(b) who dies after ceasing to hold office shall be paid a tax free monthly pension at the rate of 50 percent of the pension that that person would have received but for the occurrence of such death”
Section 4(2) of the Act provides that “without prejudice to the provisions of subsection (1), any surviving spouse shall be paid a tax free annual pension of P 98, 268.00 provided that the President may, by order, amend this subsection by increasing the amount of pension payable thereunder.”
The Bill also seeks to repeal section 6(2) of the Act which provides that “if a person who ceases to be President directly or indirectly holds any paid office, in the service of the State, or in the employment of any person, any pension or benefits to which such person is entitled under this Act shall be suspended for the period that that person holds such office.”
Repealing section 6(2) of the Act will in effect allow a retired President to be paid monthly pension, for example, even if he or she is employed by government, the private sector or international organizations. Clearly, this is unjust because by its very nature pension is only payable to one who is no longer in employment.
The Bill also seeks to amend the schedule of benefits provided for in terms of section 3(b) of the Act. Paragraph 2(a) of the schedule is amended by giving the retired president the option to choose between having an office, where he or she prefers, of the standard and size specified by the President or receiving office accommodation allowance using the prevailing Gaborone market rental rates.
Presidential Commission of Inquiry into the Review of the Constitution held a meeting in Serowe this week. The meeting was to accord Bangwato, just like other tribes, a platform to give their opinions, contributions and what they think is the horse power and limitations of the current Constitution of Botswana.
Bangwato Regent, Kgosi Serogola Seretse said, he is of the understanding that the Commission has not come for anything apart from getting their opinions on how things could be made better. His contribution was that he solely knows of only two social positions in the world; Dikgosi and Pastors. He said other positions are just benedictions. He further urged that, Batswana should respect God’s ordained protocols such as Dikgosi and Pastors.
Seretse pointed out the importance of acknowledging and appreciating Dikgosi as nation builders. He cautioned and warned that, the Commission should ensure that their dealing with Dikgosi is harmonious. He called for an amendment to be made on the ‘National Order of Precedence’ noting that Dikgosi are put at number 11, but should at least be taken a little higher to number 7.
One resident, Tshepo Moloi while giving his contribution said there must be provisions of Social Justice that ensure equal distribution of resources to all citizens. He said this provision should entail an obligation that all citizen have equal opportunities to different Government Initiatives. Moloi substantiated that, all ‘Presidential Commissions’ be engraved on the Constitution
Alfred Thogolwane who is as well a resident of the biggest village in the Central District, pointed out the need for preservation of the country and resources thereof, saying “it must dawn onto all that, the calabash that fetches water for the family cannot fixed once its broken.” Another resident, Keikantsemang Sebedi advocated for Polygamous marriage, saying that men should marry as many wives as they please. She said there is no need for any socioeconomic assessment done on men who wish to marry more than one wife.
She advised that, the country should benchmark from the Zezuru culture that does it, with no complexities. On the other hand, Sebedi said that, there must be considerations done on the Old Age Pension. She said people who earned P4000 should not receive the old Age Pension upon their fullness of age. Forshia Koloi called for amendments on Section 77 and all the provisions that speaks to the subject of Bogosi and the powers infested in them. He said they should be made more detailed and avoid ambiguity in clauses.
Mr Tlhaodi said there must be Land Audits done in the country. Citing an example of the Tati Land as one that should be thoroughly audited. He further advised that, Election Day be put on the Calendar. He said, if it happens that the day be a Saturday, there should be some special dispensation for the 7th Day Adventist Church members to take part in voting without compromising on their day of worship. Tlhaodi added that there must be People’s Complaint Commission in the country.
Speakers emphasized the need for the country to review the exercise of ‘Political Party Funding’. They articulated that lack of funding political parties’ results in political parties resorting to finding funds for themselves. They reiterated that sometimes going to the extent of getting funds through illegal means. Bangwato agreed in one accord that they want the President be tried whilst in office if suspected of any criminal offences. This was revealed in their contributions. They pointed out that, the law should not to wait until the end of their tenure.
For his part, the Deputy Chairperson of the Commission Johnson Motshwarakgole expressed gratitude to the residents of Serowe. He applauded women for their kindness saying it is only them, who always take responsibility for doing things amicably in the society.
Parliament has revealed that it plans to rollout a Community Score Card (CSC) exercise as part of sweeping reforms to its role and mandate among others.
The planed shakeup, along with the rollout of CSC will see creation of new Parliamentary Portfolio Committees on Health, HIV&AIDS, Education and Skills Development, Trade and Economic Development, Agriculture, Lands and Housing and Local Governance and Social Welfare. Parliament informed government ministries and departments that the CSC is a participatory, community based monitoring and evaluation tool that enables citizens to assess the quality of public services and interact with services providers to express their concerns.
According to Parliament, the CSC will assist to inform community members about available services and their entitlements and to solicit their opinions about the accessibility and quality of certain services related to the portfolio committees mentioned. It said the main objective is for Parliament through identified oversight committees is to conduct a participatory monitoring and evaluating process that puts ownership and responsibility for delivery of services in the hands of both the Government and the service recipients.
“Through scorecards developed around identified sectors and services, communities and implementing departments remain in touch with progress made through the programme delivery cycle and are able to respond timely to bottlenecks,” the National Assembly said. Some of the measurements and expected outcomes for the rolling out of the CSC include among others, improved monitoring and economic evaluation, to determine the impact of spending, so as to be able to direct resources from where they having the least benefit to those projects and programmes where they will have a larger positive impact.
The National Assembly explained further that this could result in a willingness to close down ineffective programmes and institutions and not to implement projects that do not deliver adequate returns, improved productivity in the public services, especially given the substantial pay increases.
The National Assembly believes that the rolling out of CSC is also expected to result in efficiency savings: many public services and programmes could be delivered more effectively at lower costs, by improving management and accountability, and making use of e-services. “This would yield financial savings that could be used for development programmes or reducing the deficit,” the National Assembly said.
The exercise is also expected to result in “Careful scrutiny of subsidy schemes and termination of those that do not address market failure or assist truly needy Batswana.” The National Assembly revealed that proposed Parliamentary Portfolio Committee on Health and Wellness has been established in accordance with the Standing of National Assembly of Botswana. It explained that the mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Ministries, Departments and Agencies with portfolio responsibilities in respect of Health and HIV/AIDS.
“There is need to identify reasons for inefficiency and poor outcomes and ensure that health system reform improve productivity and value for money. Key areas of focus for scorecard, availability of drugs, staffing ratios, accessibility of health services, speciality care and services and sexual reproductively health,” the National Assembly said.
Another proposed Committee is on Local Governance and Social Welfare. The mandate of the Committee is mainly to exercise Parliamentary Oversight and Scrutiny over Government Ministries. Departments and Agencies with Portfolio responsibilities in respect of Local Governance and Social Welfare.
“Strategies under NDP 11 to improve outcomes of social uplifment include; diversiﬁcation of rural economies, development and support of small businesses, provision of social safety nets, eradication of absolute poverty, provision of quality and equitable education and harmonisation of social protection programmes,” said the National Assembly. It said social nets need to be improved so as to target these most in need (at present some social safety nets benefit many people who are not the most needy, but also miss out some of those who are needy).
“Some social development policies more broadly should also aim to reduce household vulnerability to shocks such as those arising from fluctuations in agriculture, climate change, incomes and employment and improve their ability to handle shocks, thereby building household resilience,” the National Assembly said.
Another Committee established is on Agriculture, Lands and Housing. The mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Institutions, Departments and Agencies with portfolio responsibilities in respect of Agriculture, Lands and Housing.
The National Assembly said the average growth rate of the agricultural sector since the beginning of National Development Plan 11 (NDP11) (i.e. during the 2017/2018 and 2018/19 financial years) was 2.5 percent, making it the slowest growing sector of the economy, in line with its historical performance.
“Over the same period, its share of GDP has been stagnant at around 2 percent. The sector also contributes job opportunities for about 80 000 adults. Food security has become paramount since the onset of the corona virus pandemic,” the National Assembly said. The National Assembly said the Government realises the need to increase food production for products in which Botswana has a cooperative advantage such as beef, grains and other horticulture products.
The Committee on Finance, Trade and Economic Development has also been established. One of the mandates of Committee would be to exercise Parliamentary oversight and scrutiny over government ministries, departments and agencies with portfolio responsibilities in respect of Finance, Development, Trade and Industry.
“The sector is at the core of industrialisation aspirations and strategies for economic development in Botswana. Manufacturing in particular can be the driver of economic growth through technological improvements and innovation,” the National Assembly said. Hence, it said, the development of the sector could also foster export diversification and export led-growth in Botswana while benefitting from the African Continental Free Trade Area (AFCFTA).
Two senior members of Directorate on Corruption and Economic Crime (DCEC) have threatened legal action against Directorate of Intelligence and Security (DIS), it has transpired. The threat is contained in an answering affidavit of Director General of DCEC, Tymon Katlholo in which he is seeking an interdiction from High Court to stop the DIS from accessing investigation files at his office.
After the DIS detained DCEC officials Joao Salbany and Tsholofelo Bareetsi on December 16, 2021, they filed an official complaint against DIS and some officials. They complained about abuse of office by DIS and five officers. Salbany and Bareetsi also complained about unlawful detention by DIS and unlawful dissemination of classified information contrary to Section 44 of Corruption and Economic Crime Act. “The DIS interviews were premised on information divulged during the course of official DCEC work product, that is the Monday media brief meeting,” they wrote.
They further requested leave to institute a civil suit against the DIS and its officers, and invariably the State for inhuman and degrading treatment they suffered and unlawful detention. They also pondered a declaratory seeking a sanction against the DIS and Botswana Police Service (BPS) and clarification of the role of BPS officers seconded to DIS.
“The envisaged suit against BPS and DIS officers and the DIS will inevitably centre on investigations done by the DCEC and the scope of the protection availed to DCEC officers for conduct done in the course and scope of DCEC official duties.” The duo said it was self-evident from the conduct of the DIS officers that there was nothing urgent about the information required by the DIS, justifying their detention at its Sebele facility from 08:30 hours on December 16, 2021 until 02:00 hours on December 17, 2021.
They reasoned that the information required by the DIS could have been obtained by a simple request to DCEC Director General. “What the DIS did was to seek to intimidate officers of the DCEC whom they knew were carrying out investigations against some of the DIS officers who were part of their investigation team. This turn of events has a chilling effect not only on the functioning of the DCEC but also on the official conduct of officers of the DCEC as to how they conduct their official duties.”
They concluded by stating that in the event the request is granted, they would further request to be advised as to the provision of legal representation as the unalwful detention and the degrading and inhuman treatment by the DIS was in relation to matters conducted by and on behalf of the DCEC.