There is a famous African proverb which says when a hyena wants to eat its children; it first accuses them of smelling like goats. The expression could not have been more fitting in describing the conundrum in which the University of Botswana (UB) finds itself in — having to fight a mysterious battle to rediscover its value and where it stands in government future plans, writes ALFRED MASOKOLA.
Assistant Minister of Tertiary Education, Research, Science and Technology Fidelis Molao was probably showing just how far government would go to bury the University of Botswana a few months back. The unapologetic Minister stated rather harshly that: “UB should adapt or die.”
The doctor’s prescription, in the opinion of the Assistant Minister, is what the Human Resource Development Council (HRDC) has put on the table as what the country needs in the tertiary education sector; and if the UB does not satisfy that prescription, government would look elsewhere; the most obvious route being privately owned tertiary institutions.
This has infuriated the UB provost. The bitter words to swallow for Vice Chancellor Professor Thabo Fako was being told out of the blue, that the country’s most prestigious learning institution is offering programs which the economy does not desire. Again they were told, vaguely so, to adapt or die.
The first hint of Professor Fako’s aggravation with how things are turning out for UB was last year when he summoned all political parties to a forum at the institution. It is not common that the strategic issues of institutions such as UB could be discussed through such a forum. But Professor Fako, having run out patience and desperate for a solution was convinced it was the most perfect thing to do. Present at the meeting were Mpho Balopi, the ruling Botswana Democratic Party (BDP) then Secretary General; Dr Phenyo Butale of the Umbrella for Democratic Change (UDC) and also Member of Parliament for the area and Dr Kesitegile Gobotswang representing Botswana Congress Party (BCP).
Fako’s revelations signalled that the UB was facing a crisis in future and pleaded for an honest apolitical debate on the future of the institution fearing that in the absence of such, the institution would fold, as result of mushrooming private institutions. Prof Fako was not impressed by the discriminatory gesture of offering Botswana International University of Science and Technology (BIUST) preferential treatment at the detriment of UB.
Even the BDP vanguard, Balopi was shocked by the state of affairs at UB. His mainstay promise was that he will compile a report and have it submitted to the party leadership with the view of amending the situation. Almost two years later, UB is in a worse crisis than it was a year ago. It is still a mystery what happened to Balopi’s promise. In the absence of that answer, the most two obvious scenarios are that; Balopi compiled the report, submitted to the leadership and it was largely ignored, or marked as not urgent. The second scenario is that Balopi didn’t bother to compile the report at all.
This week, Prof Fako made a daring statement before the parliamentary committee on Statutory Bodies and Enterprises that government should be bold enough to state whether it wants to shut down UB or not, and even said whatever decision government wants to take, it should do so openly, boldly and honestly.
But at government enclave, everyone seems to think that Fako is living in the world of phantasm or has paranoia emanating from the boom in private tertiary institutions. Molao hears no evil and sees no evil in the new government relationship with UB, and to him, Fako is just creating a storm in a tea cup. He pointed out before that UB should not be heavily reliant on government alone at this point but should have in place self- sustenance mechanisms.
“There is nothing wrong with government no longer giving 100 percent subvention. UB should attracting international students, and our view is that they should be self-sustaining now,” Molao told WeekendPost a few weeks ago. The platitude of Molao’s statement however contrasts how the private institutions having been surviving, with government sponsored students being the only source of income for the institutions -the same model UB is expected not to use. Strictly speaking, a lot of them will close shop if the government was to stop sponsoring students at the institutions.
While government has envisaged increasing access to tertiary education, enrolment numbers at the country’s highest learning institution have been dwindling, and Fako has attributed this to the way government chooses to do business. A report, titled “Tertiary Education at a Glance” published by the HRDC earlier this year, indicates that government’s decision through its policy to sponsor students in registered private tertiary institutions in the country has resulted in significant involvement of the private sector in the provision of tertiary education.
The report stated that the enrolment at tertiary level has almost doubled, rising from 31 129 in the 2007/08 financial year to 60 583 in the 2014/15 financial year. During the 2014/15 financial year, out of the 60 583 students enrolled in tertiary institutions, private tertiary institutions accounted for 42.6 percent of the students. A drastic growth experienced by almost all private institutions.
The projections also indicated that the private sector will be enrolling more students than public schools. Amid the rise in enrolment at private tertiary institutions, owners and directors have been laughing all the way to the bank, as the education sector has now been turned into a dread for profit sector.
The ownership of the institutions, their accreditation and accrediting has been at the centre of debate, and so has been their credibility. Early this year, the ministry of Tertiary Education, acting in cohort with HRDC reached a decision that effectively meant that the following courses; Bachelor of Business Administration (Marketing), Bachelor of Business Administration (Management), Business Information Systems, BEd Adult Education, Diploma in Adult Education, BA Humanities, BA Chinese Studies, BA Pastoral Studies, Diploma in Library and Information Studies, BIS Computer Information Systems, BSc Information Technology, Diploma in Population Studies and Diploma in Social Work would not attract government sponsorship this year.
In Fako’s view, the development means, the ministry is signalling the university should completely shut down some faculties, which could mean unplanned loss of jobs for teaching staff. According to him, government should be able to state what it expects from UB as a public institution, without making isolated decisions which impact negatively on the operations of the university.
“My belief is that, if the government no longer wants the university to offer a certain program, that should be an act of policy, and then we phase out the programme in a gradual manner, not just to pullout the plug,” said Fako. Fako said government should understand that the university has already made some commitments by signing contracts with academic staff and such decisions by government continue to sink the university in crisis.
Apart from the dwindling number of students being enrolled at UB as a result of the sponsorship cessation by government for some courses, Ministry of Tertiary Education has also failed to pay University of Botswana tuition fees for three consecutive financial years. Prof Fako also indicated that the major challenge faced by UB is government’s decision not to meet the budget as requested by the institutions. The institution requires over P1 billion to cover operational costs, but in the last three years the institution has received less than what they have requested forcing it to exhaust its reserves. In the last three years, the university received P776 million, 714 million and 703 million in the financial year under review.
Fako has openly stated that some private institutions have been given an illusion of being a ‘university’ while in actual fact they are not, given their capacity, resources and the learning environment. “To me a university is a prestigious institution, and the name ‘university’ should be protected. What we are doing is giving children the hope that they are something which they are not,” he said.
The chairman of the committee parliamentary committee, Samson Guma said the confusion caused by the ministry also means that the submissions by the ministry in the National Development Plan 11 is wrong, given that what is allocated to the UB could be inadequate to meet its operational costs in the next coming years.
Fako informed the committee he is preparing a report to be submitted to the ministry, detailing the gravity of the decision taken by government in the last few years and its impact on the university.
Botswana Football Association (BFA) leadership appears to be bowing down to Nicolas Zakhem’s football pressure. The development comes to the open roughly 24 hours after the Gaborone United director publicly labelled Maclean Letshwiti and his committee failures for deciding to chop five premier league clubs under the pretext of club licensing disqualification.
As early as Wednesday noon, the BFA emergency committee met with one agenda item to discuss the possibility of reinstating the clubs. This publication gathers that the committee saw it fit to pardon the five clubs without entertaining a second thought. The committee even invited the clubs to the meeting, sources say.
Late last month, the five teams were disqualified from playing in the premier league, pending the appeal outcome. The teams are Notwane, Extension Gunners, BR Highlanders, Mogoditshane Fighters, together with Gilport Lions. The immediate decision by BFA follows what Zakhem had said and advised that it was wrong to chop clubs given the COVID-19 situation in the country.
Unbeknownst to BFA leadership, observers stress that Zakhem exerted public pressure and influenced them to change tone without asking. At the meeting, BFA president Maclean Letshwiti, his vices, Marshlow Motlogelwa and Masego Ntshingane, Aryl Ralebala, the Botswana Football League (BFL) chairman, together with Alec Fela, an ordinary member in the now stubborn NEC.
However, the reactive move by the association to reinstate the clubs is highly welcomed in certain quarters, but it also appears to have left a permanent scar, especially at BFL. As things stand, the general feeling on the ground is to oust chairman Ralebala for failing to defend these clubs before the eyes of President Letshwiti.
This publication has intercepted an ongoing petition to unseat Ralebala and his deputies from the BFL board. Strange enough, the signed petition has thus far attracted clubs with household influence in the league itself. GU, Township Rollers, Notwane, Extension Gunners, Police XI are some clubs that have already appended their signatures to have Ralebala removed.
The big clubs are believed to fighting for principle and demand fair governance at BFL. The reality is that these clubs command a large following, and sponsors can always have a say based on their presence.
When approached for clarity, Ralebala said he could not comment on allegations or issues that lack substance. He concedes that he has heard about the rolling petition but is yet to lay his eyes on it. “I have heard about the petition, but I don’t know where it is coming from. I think it is best you ask those who have signed it. My focus is to commence the league and make sure everything is on point,” said Ralebala.
Football observers state that Ralebala, together with Letshwiti, are now faced with a dilemma. Reports coming from Lekidi Football Centre, although yet to be fabricated, are that the big guns lead others to form a parallel structure where they will play on their league. The clubs are angry at their chairman for taking many of the instructions from the BFA boss, and already a general melee is gathering traction that the two must resign as football has lost direction.
Zakhem says, although he supported Letshwiti, he has a sense of duty to stand for the truth. “I knew I supported Letshwiti and his troops, but you see, these guys have lost direction. I have long advised them that chopping clubs like this will cause confusion and delay progress, but they cannot listen. Letshwiti gave BFL autonomy, but I do not know why he is still interfering,” Zakhem said.
You may, by now, have heard about the dark side of the high profile P100 billion case, but wait, there is also the brighter side. Staff Writer AUBREY LUTE explores the positives accruing from the fall of the country’s biggest financial ‘scam-dal’.
A chance to fix the country’s financial record
They have not publicly been saying it, but the state agencies and the President, Dr Mokgweetsi Masisi, have been at pains to explain and rationalise how an amount almost equal to the country’s GPD left the central bank.
Many insiders attributed the country‘s troubled financial status to the case, including the grey-listing, non-compliance and identified deficiencies, some of which were hitting citizens around the globe. Botswana was in 2018 taken aback by FATF news that the country has been listed alongside countries that do not comply with (AML/CFT). The European Union Commission later flagged Botswana in March 2019 for lacking strategic deficiencies in AML/CFT regulations.
A chance to restore the dignity of the law enforcement arms
The case, without a doubt, was a distraction object on the law enforcement agencies, which spent a chunk of their time bickering and finger-pointing. A leaked audio recording exposing the explosive meeting of the law enforcement arms of government, being the Intelligence Services, Corruption and Economic Crimes agency, and the Prosecutions division summed it all.
The case presented a monumental crisis threatening the core of their being. Following these developments, the Presidency, clearly under the influence of a tripartite member, took a spine-chilling decision to disband the DCEC, a move that was saved by the organisation’s founding director- Tymon Katlholo’s bold protest.
The DPP, the Police, and the DCEC staff were used in the process to carry out bizarre instructions, some of which left the state with an egg on its face. Mistrust and backstabbing were the order of the day within the law enforcement agencies, and the P100 billion case was to blame. “Some badly wanted the plot executed while the other side badly wanted it to end to restore sanity,” an insider says.
The source further adds that “if the case did not end soon, it was going to end a lot of people’s relationships and careers because those who refused to carry the insane instructions were seen as sympathisers to former President Ian Khama.” With the case having fallen, these agencies can reflect, reconcile and go back to work.
A chance to fix diplomatic relations…
It was not only South Africa that was accused of Sabotaging Botswana’s prosecutorial goal. The state also accused several countries of refusing or delaying to assist in the process. Of all the nations, only South Africa has decided to take Botswana to task, perhaps on its proximity to Botswana. Others long ignored Botswana’s requests for assistance to the frustration of former DPP deputy director who repeatedly told the courts that they were struggling to get responses from the international community. With the case having fallen, Botswana may get a chance to face her actions, apologise and rectify the promise that lessons have been learnt.
Pressure off the shoulders of those who have to account…
The case did not only affect the law enforcement agencies. All the stakeholders were put in the spotlight to provide answers. The first to bolt out of the circle was the central bank, Moses Pelaelo, who, like DCEC director-general, long declared the case a scam. He told the world that his books were in order and that no money was missing risking his high-paying job.
According to insiders, his superiors, the then Minister of Finance and Development Planning – Dr Matsheka and his subordinate, Dr Wildfred Mandlebe, were only whispering, without success, to the Gods that there is no money missing.
So concerned and under pressure was Dr Sethibe- then the head of the Financial Intelligence Agency- who, like his Ministry supervisors, was engaging in silent screams to warn the powers that be, all in vain. He later jumped the ship to his former employer, the University of Botswana, allegedly to protect his name and career.
At the time of the fall of the case, the DIS and the DPP were at advanced plans to higher American to come and probe the Bank of Botswana’s servers in a move that bankers feared could compromise them further.
The case was bleeding the country’s coffers…
Had it not ended, the case was likely to end up ‘genuinely’ costing the country P100 billion Pula duo to its complexity and challenges. Insiders say sources who had sold the law enforcement agencies some falsified documents were paid handsomely.
Moreover, investigations were costly as they involved the international community and frequent travelling. “We are told there was also motivation for some officers to act abysmally and out of their way,” an insider said.
Lessons leant for public officers…
Public officers are often duty-bound to obey superiors instructions, no matter how irrational. The case was an eye-opener to many public officers that principle pays in the discharge of one’s duty at all times. The professional careers of the P100 billion case conspirators are currently in shambles. And as expected, the influencers, if at all there any, are nowhere to be seen.
Botswana remains on the grey list of the Financial Action Task Force (FATF) and the “black list” of the European Union, a status quo that highlights the country as one of the high-risk jurisdictions to deal with money.
The far-reaching implications of these listings is a compromised Foreign Direct Investment drive for Botswana. In particular, these listings mean investors now have to exercise some caution and restrain when thinking about putting their money in Botswana. On Tuesday, Minister of Finance and Economic Development Peggy Serame said that Botswana could see itself out of the “undesirable listing” by October this year.
Serame called for united and concerted efforts towards liberating Botswana out of this financial noncompliance tag. She said the delisting could be archived by concerted efforts from all stakeholders: players in the financial services sector, non-financial services businesses, regulators, and every individual who deals with transactions.
Botswana is a founding member of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG). This regional body subscribes to the Financial Action Task Force (FATF) to combat money laundering and financing of terrorism and proliferation.
One of the membership obligations to ESAAMLG is for Botswana to be peer-reviewed by the other Member States and other international bodies like the World Bank, IMF or FATF. The most recent assessment for Botswana to gauge compliance with the FATF standards was conducted by ESAAMLG in 2016 and culminated with publishing the Mutual Evaluation Report (MER) in 2017.
Following the discussion and adoption by the Task Force and approval of the MER by the Council of Ministers, the country was placed under enhanced follow-up. This led to a one (1) year observation period in which the country was expected to improve its technical compliance (legislative framework) by correcting the deficiencies identified in the MER.
After one year, in October 2018, the Task Force decided that the country was not taking sufficient steps to implement the recommendations made by the assessors in the MER. The Task Force recommended that Botswana be referred to the International Cooperation Review Group (ICRG) for monitoring and potential listing often referred to as the ‘FATF greylisting”.
Following the FATF greylisting, the EU placed Botswana on its list of high-risk third countries, often referred to as the ‘black list.’ In 2018, Botswana and FATF agreed to an Action Plan that had six items with several timelines. In terms of Risk and coordination, Botswana was told to develop and implement a risk-based comprehensive national AML/CFT strategy, assess the risks associated with legal persons, legal arrangements, and NPOs, and operationalize the modernized company registry to obtain and maintain essential information and Ultimate Beneficial Ownership information.
Botswana was further advised to enhance the capacity of the supervisory staff, including by developing risk-based supervision manuals and providing adequate training, implement risk-based AML/CFT supervision and impose sanctions against violations.
Furthermore, Botswana was instructed to improve analysis and dissemination of financial intelligence by the Financial Intelligence Unit, including operationalizing an online Suspicious Transactions Report filing platform and prioritizing high-risk predicate crimes, and enhancing the use of financial intelligence among the relevant law enforcement agencies.
Regarding terrorism financing investigation, Botswana was instructed to develop and implement a Counter Financing of Terrorism Strategy, operationalize the Counter-Terrorism Analysis and Fusion Centre, and ensure the Terrorism Financing investigation capacity of the law enforcement agencies.
In 2018, the 11th Parliament passed 25 pieces and, later, six others related to AML/CFT/CFP. At the just ended Parliamentary session of the 12th Parliament, lawmakers passed the Financial Intelligence (Amendment) Act to address the definition of beneficial ownership.
Cabinet approved the National AML/CFT/CFP Strategy of 2019-2024 in October 2019. At the June 2021 FATF Plenary meetings, the FATF made the initial determination that Botswana had substantially addressed the Action Plan and that this warranted an on-site assessment to verify that the implementation of Botswana’s AML/CFT/CFP reforms is in place and is being sustained. Furthermore, an assessment was to be instituted to check if the necessary political commitment remains to sustain implementation in the future.
Serame said in a televised press briefing that Botswana’s exit from the FATF grey list and the EU black list would be determined by the outcome of the on-site assessment, which will be discussed at the FATF Plenary in October 2021.
She revealed that the Botswana delegation attended the Eastern and Southern Africa Anti-Money Laundering Group 42nd Task Force of Senior Officials meeting from the 26th August to the 6th September 2021, followed by the Council of Ministers on the 7th September 2021.
She told the media that at these meetings, Botswana was commended for making progress in complying with the FATF standards by addressing deficiencies in her AML/CFT/CFP framework. “We are making all these efforts of complying with the FATF standards so that we guard against our financial system being used for money laundering, terrorism financing and proliferation financing,” she said.
“We are hopeful that at the October 2021 FATF Plenary meetings, the outcome of the on-site visit undertaken by the FATF in August 2021 will bear positive results, leading to Botswana being delisted from the FATF greylisting,” she said. However, Minister Serame called on all stakeholders to support the government to remove Botswana from the greylisting.
“As Government continues its efforts of putting in place the necessary legislative and institutional framework, due diligence must be exercised by all institutions, including the ordinary Motswana, so that no one is found dealing with financiers whose credibility is wanting,” she said.
The minister reiterated that all players in the financial services sector had a role to play: “It is important that where unsolicited funds are offered, the individual or entity so receiving the offer must ensure that the funds being offered are not associated with unlawful acts. If we are not diligent, criminals may use unsuspecting people and entities to launder proceeds of crime.”
She reiterated that the government is committed to doing all within its power to remove the country from the FATF “grey list” and the EU “black list”. However, she noted that to achieve that requires the cooperation and assistance of financial institutions, designated non-financial businesses and professions and individuals to ensure full compliance with AML/CFT/CFP rules and regulations.
“These efforts will not only assist us to be removed from these mentioned lists but are for the benefit of our country to maintain a high standard of financial prudence and an economy which genuine investors can have the confidence to invest in,” Serame explained.