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Botswana reaffirms her support for ICC

Amid strong winds of discontent and discomfort especially from fellow African countries about the International Criminal Court, Botswana has reaffirmed her support for the court and declared her readiness to engage and reach out to member countries to find lasting solutions to challenges faced by the body.

Speaking at the 15th session of the assembly of state parties to the Rome statute of the ICC in Netherlands, midweek, the country’s Attorney General, Athaliah Molokomme, said Botswana’s determination to honour the court is strong. “Botswana once again reaffirms her commitment to contributing to one of the most indispensable causes of human life – the attainment of justice for victims of genocide, war crimes and crimes against humanity,” Molokomme noted before adding that, “Our determination to honour our obligations under the Rome Statute of the International Criminal Court (ICC) is strong. In this regard a bill domesticating the Rome Statute of the ICC has been tabled before Parliament. 

It has gone through the First Reading and is now on the agenda for the November 2016 session,” she explained. However, while Botswana domesticates the statute and sings praise to the latest ICC preliminary report, support for the court continues to crumble as other countries are thinking of pulling out their signatures. Already four countries, latest, Russia, have pulled out.

This week Russia withdrew its support for the treaty in protest against an investigation into alleged atrocities it committed in Georgia. The details of the alleged atrocities are contained in the ICC report which was released this week. Not long after Russia’s move, Philippines President, Rodrigo Duterte was also quoted in the media as having suggested that he is thinking of withdrawing his signature from the ICC as well. This follows earlier withdrawals from the ICC by three African countries, South Africa, Gambia and Burundi who strongly believe that ICC is biased against Africa.

Meanwhile, the United States of America had also dismissed the ICC’s investigation of potential war crimes that its soldiers could have committed in Afghanistan as unwarranted. The US state Department spokesperson, Elizabeth Tudeau was quoted as having stated that, “We do not believe that an ICC examination or investigation with respect to the actions of US personnel in relation to the situation in Afghanistan is warranted or appropriate.”

The US is said to have praised its own system of “accountability” and contended that it does not even fall under the jurisdiction of the ICC. But the ICC suggests otherwise: “The information available provides a reasonable basis to believe that, in the course of interrogating these detainees, and in conduct supporting those interrogations, members of the US armed forces and the US Central Intelligence Agency (CIA) resorted to techniques amounting to the commission of the war crimes of torture, cruel treatment, outrages upon personal dignity, and rape.

These acts are punishable under articles 8(2)(c)(i) and (ii) and 8(2)(e)(vi) of the Statute.” The US and China are not signatories to the statute that forms the ICC. Meanwhile Botswana has applauded the continued good work of the court and has welcomed the report tabled by the court President, Silvia Fernandez this week.

“With the continuing mass atrocities taking place across the world, we are deeply concerned by the deteriorating humanitarian and political situations in Yemen, Syria, The West Bank and in some parts of Africa,” Molokomme stated and added that, “And while the world is still replete with mass atrocities and grave crimes that continue to shake the conscience of humanity, nations, big and small, can still draw inspiration and solace from knowing that never, never and never again shall the world be ruled by tyrants, dictators and criminals alike.”


Eighteen years ago, according to Molokomme, nations of the world, reeling from the wounds of the bitter and brutal past, tired of genocide, war crimes and crimes against humanity decided to come together and establish the ICC. She said, with complementarity to national jurisdictions as its hallmark, the ICC resolved to put an end to impunity for all perpetrators of such crimes irrespective of status, power, influence or rank in society.

“The creation of the ICC marked a milestone in the enhancement of International Criminal Jurisprudence and strengthening of the international rule of law.  We want it to work effectively. The domestication of the Rome Statue of the ICC will contribute in no small measure to the realization of this shared objective,” she further pointed out.

Molokomme’s contention is that, Botswana's commitment to the core principles of the ICC is to cooperate with the international community, to enable the Court to function effectively and sustainably, as it seeks to bring lasting peace to the world. She says, in fact “the President of the Republic of Botswana, His Excellency Lt. General Dr. Seretse Khama Ian Khama underscored this conviction at the opening of the Plenary of the 10th Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court.”

Molokomme further stated that President Khama is of the view that progress should be made regarding the Crime of Aggression and that the struggle against impunity in all its forms and manifestations must continue.
“Having the requisite threshold of more than 30 ratifications, we look forward to seeing the activation of the ICC's jurisdiction over the Crime of Aggression next year,” she added.

Currently the ICC is investigating 10 situations and 10 preliminary investigations, a situation which Botswana feels needs the support of the international community if it is to build on the new development agenda. “We therefore welcome and support efforts by the President of the Court to carry out reforms within the institution in order to enhance its efficient financial operations,” Molokomme suggested.

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Mowana Mine to open, pay employees millions

18th January 2022
Mowana Mine

Mowana Copper Mine in Dukwi will finally pay its former employees a total amount of P23, 789, 984.00 end of this month. For over three years Mowana Copper Mine has been under judicial management. Updating members, Botswana Mine Workers Union (BMWU) Executive Secretary Kitso Phiri this week said the High Court issued an order for the implementation of the compromise scheme of December 9, 2021 and this was to be done within 30 days after court order.

“Therefore payment of benefits under the scheme including those owed to Messina Copper Botswana employees should be effected sometime in January latest end of January 2022,” Kitso said. Kitso also explained that cash settlement will be 30 percent of the total Messina Copper Botswana estate and negotiated estate is $3,233,000 (about P35, 563,000).

Messina Copper was placed under liquidation and was thereafter acquired by Leboam Holdings to operate Mowana Mine. Leboam Holdings struck a deal with the Messina Copper’s liquidator who became a shareholder of Leboam Holdings. Leboam Holdings could not service its debts and its creditors placed it under provisional judicial management on December 18, 2018 and in judicial management on February 28, 2019.

A new company Max Power expressed interest to acquire the mining operations. It offered to take over the Mowana Mine from Leboam Holdings, however, the company had to pay the debts of Leboam including monies owed to Messina Copper, being employees benefits and other debts owed to other creditors.

The monies, were agreed to be paid through a scheme of compromise proposed by Max Power, being a negotiated payment schedule, which was subject to the financial ability of the new owners. “On December 9, 2021, Messina Copper liquidator, called a meeting of creditors, which the BMWU on behalf of its members (former Messina Copper employees) attended, to seek mandate from creditors to proceed with a proposed settlement for Messina Copper on the scheme of compromise. It is important to note that employee benefits are regarded as preferential credit, meaning once a scheme is approved they are paid first.”

Negotiated estate is P35, 563,000

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Councilors’ benefits debacle-savingram reveals detail

18th January 2022

A savingram the Ministry of Local Government and Rural Development sent to Town Clerks and Council Secretaries explaining why councilors across the country should not have access to their terminal benefits before end of their term has been revealed.

The contents of the savingram came out in the wake of a war of words between counselors and the Ministry of Local Government and Rural Development. The councilors through the Botswana Association of Local Authorities (BALA) accuse the Ministry of refusing to allow them to have access to their terminal benefits before end of their term.

This has since been denied by the Ministry.  In the savingram to town councils and council secretaries across the country, Permanent Secretary in the Ministry of Local Government and Rural Development Molefi Keaja states that, “Kindly be advised that the terminal benefits budget is made during the final year of term of office for Honorable Councilors.”  Keaja reminded town clerks and council secretaries that, “The nominal budget Councils make each and every financial year is to cater for events where a Councilor’s term of office ends before the statutory time due to death, resignation or any other reason.”

The savingram also goes into detail about why the government had in the past allowed councilors to have access to their terminal benefits before the end of their term.  “Regarding the special dispensation made in the 2014-2019, it should be noted that the advance was granted because at that time there was an approved budget for terminal benefits during the financial year,” explained Keaja.  He added that, “Town Clerks/Council Secretaries made discretions depending on the liquidity position of Councils which attracted a lot of audit queries.”

Keaja also revealed that councils across the country were struggling financially and therefore if they were to grant councilors access to their terminal benefits, this could leave their in a dire financial situation.  Given the fact that Local Authorities currently have cash flow problems and budgetary constraints, it is not advisable to grant terminal benefits advance as it would only serve to compound the liquidity problems of councils.

It is understood that the Ministry was inundated with calls from some Councils as they sought clarification regarding access to their terminal benefits. The Ministry fears that should councils pay out the terminal benefits this would affect their coffers as the government spends a lot on councilors salaries.

Reports show that apart from elected councilors, the government spends at least P6, 577, 746, 00 on nominated councilors across the country as their monthly salaries. Former Assistant Minister of Local Government and Rural Development, Botlogile Tshireletso once told Parliament that in total there are 113 nominated councilors and their salaries per a year add up to P78, 933,16.00. She added that their projected gratuity is P9, 866,646.00.

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Households spending to drive economic recovery

17th January 2022

A surge in consumer spending is expected to be a key driver of Botswana’s economic recovery, according to recent projections by Fitch Solutions. Fitch Solutions said it forecasts household spending in Botswana to grow by a real rate of 5.9% in 2022.

The bullish Fitch Solutions noted that “This is a considerable deceleration from 9.4% growth estimated in 2021, it comes mainly from the base effects of the contraction of 2.5% recorded in 2020,” adding that, “We project total household spending (in real terms) to reach BWP59.9bn (USD8.8bn) in 2022, increasing from BWP56.5bn (USD8.3bn) in 2021.”  According to Fitch Solutions, this is higher than the pre-Covid-19 total household spending (in real terms) of P53.0 billion (USD7.8bn) in 2019 and it indicates a full recovery in consumer spending.

“We forecast real household spending to grow by 5.9% in 2022, decelerating from the estimated growth of 9.4% in 2021. We note that the Covid-19 pandemic and the related restrictions on economic activity resulted in real household spending contracting by 2.5% in 2020, creating a lower base for spending to grow from in 2021 and 2022,” Fitch Solutions says.

Total household spending (in real terms), the agency says, will increase in 2022 when compared to 2021. In 2021 and 2022, total household spending (in real terms) will be above the pre-Covid-19 levels in 2019, indicating a full recovery in consumer spending, says Fitch Solutions.  It says as of December 6 2021 (latest data available), 38.4% of people in Botswana have received at least one vaccine dose, while this is relatively low it is higher than Africa average of 11.3%.

“The emergence of new Covid-19 variants such as Omicron, which was first detected in the country in November 2021, poses a downside risk to our outlook for consumer spending, particularly as a large proportion of the country’s population is unvaccinated and this could result in stricter measures being implemented once again,” says Fitch Solutions.

Growth will ease in 2022, Fitch Solution says. “Our forecast for an improvement in consumer spending in Botswana in 2022 is in line with our Country Risk team’s forecast that the economy will grow by a real rate of 5.3% over 2022, from an estimated 12.5% growth in 2021 as the low base effects from 2020 dissipate,” it says.

Fitch Solutions notes that “Our Country Risk team expects private consumption to be the main driver of Botswana’s economic growth in 2022, as disposable incomes and the labour market continue to recover from the impacts of the Covid-19 pandemic.”
It says Botswana’s tourism sector has been negatively impacted by the Covid-19 pandemic and the related travel restrictions.

According to Fitch Solutions, “The emergence of the Omicron variant, which was first detected in November 2021, has resulted in travel bans being implemented on Southern African countries such as South Africa, Botswana, Lesotho, Namibia, Zimbabwe and Eswatini. This will further delay the recovery of Botswana’s tourism sector in 2021 and early 2022.”  Fitch Solutions, therefore, forecasts Botswana’s tourist arrivals to grow by 81.2% in 2022, from an estimated contraction of 40.3% in 2021.

It notes that the 72.4% contraction in 2020 has created a low base for tourist arrivals to grow from.  “The rollout of vaccines in South Africa and its key source markets will aid the recovery of the tourism sector over the coming months and this bodes well for the employment and incomes of people employed in the hospitality industry, particularly restaurants and hotels as well as recreation and culture businesses,” the report says.

Fitch Solutions further notes that with economies reopening, consumers are demanding products that they had little access to over the previous year. However, manufacturers are facing several problems.  It says supply chain issues and bottlenecks are resulting in consumer goods shortages, feeding through into supply-side inflation.  Fitch Solutions believes the global semiconductor shortage will continue into 2022, putting the pressure on the supply of several consumer goods.

It says the spread of the Delta variant is upending factory production in Asia, disrupting shipping and posing more shocks to the world economy. Similarly, manufacturers are facing shortages of key components and higher raw materials costs, the report says adding that while this is somewhat restricted to consumer goods, there is a high risk that this feeds through into more consumer services over the 2022 year.

“Our global view for a notable recovery in consumer spending relies on the ability of authorities to vaccinate a large enough proportion of their populations and thereby experience a notable drop in Covid-19 infections and a decline in hospitalisation rates,” says Fitch Solutions.
Both these factors, it says, will lead to governments gradually lifting restrictions, which will boost consumer confidence and retail sales.

“As of December 6 2021, 38.4% of people in Botswana have received at least one vaccine dose. While this is low, it is higher than the Africa average of 11.3%. The vaccines being administered in Botswana include Pfizer-BioNTech, Sinovac and Johnson & Johnson. We believe that a successful vaccine rollout will aid the country’s consumer spending recovery,” says Fitch Solutions.  Therefore, the agency says, “Our forecasts account for risks that are highly likely to play out in 2022, including the easing of government support. However, if other risks start to play out, this may lead to forecast revisions.”

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