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.
In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).
The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.
Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.
Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.
The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.
This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).
The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.
The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.
In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.
Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.
Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.
“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.
Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.
“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.
The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.
UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.
Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.
Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.
Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”
Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.
FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS
With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.
BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.
BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.
It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.
Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”
It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.
At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.
Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.
Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.
BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.
The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.
By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.
In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.
“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.
“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.
The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.
All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.
“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.
Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.
Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.
COVID-19 RAVAGES POLICE
As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.
“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.
The cops further complain about that working spaces are small, as such expose them to contact the virus.
“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.
The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.
“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.