Property developers who own mall developments in Botswana are looking at taking the next step in their bid to lobby for a further softening of a Trade Act that compels South African chain stores to partner 51 percent with locals if they are to be granted trading licences.
Retail business is big in Botswana. It is worth close to P15 billion annually. The bulk of this money goes to South African retail giants.
Recently, the Minister of Trade, Industry, and Investment Vincent Seretse reiterated his stance that he was not going to back down and grant South African chain store owners a waiver to widen their footprint in the country by opening new outlets.
If Business Botswana president, Leta Mosienyane’s view that they are free to lobby anyone is anything to go by, then Vice President Mokgweetsi Masisi appears to be the next office bearer that the retailers and property developers with the help of Business Botswana will visit to get him to soften Seretse’s clutched fist. Their argument appears to hinge mostly on employment creation, a task that Masisi is overseeing; they will also point to their role in helping diversify the economy; and the potential consequences of forcing this law through.
In an interview this week Mosienyane said majority of South African retailers are members of Business Botswana and they are advocating for sound businesses for all-including South African retailers and the locals. He also believes that 51% is too steep, “its worth billions and one would wonder if Batswana have access to finances to buy that investment.” He further said there are a lot of business models that can be used such as warehousing. He gave an example of South Africa where the government has underwritten the private sector (ABSA) to finance locals and pay them back through dividends.
However Masisi will also have to contend with the views scores of citizen business owners who are finding it difficult to compete with South African retailers and are also struggling to keep up with the rental demands of the top end malls. A number of local business people have written a co-signed letter supporting Seretse’s demands and Business Botswana is said to be not happy with them.
Mosienyane said South African retailers come as clusters and anchors bringing in a value chain which is worth billions. “When they come they push out Batswana and as Business Botswana we would be happy to see if Batswana can compete,” he said. He went on to applaud Minister Seretse for implementing this policy and added he (Seretse) should take another step further to finish off where he started. He said they have the right to lobby anyone including Vice President Mokgweetsi Masisi.
Seretse wants South African retailers to partner with Batswana and give them a controlling 51 percent stake in their businesses. Seretse’s crusade is hinged on the argument of citizen economic empowerment; something which he says has eluded this country for a long time. The law has been around for a while just that before Minister Seretse’s ascendance to the throne there has been a series of waivers granted in favour of South African retailers.
Minister Seretse and his assistant are not on the same page on the matter, report suggests. Indications are that Assistant Minister Sadique Kebonang is leaning towards a softened approach that will allow South Africa retailers to continue growing their footprints.
With a number of new malls coming up in places like Gaborone, Mahalapye, Palapye and Francistown, pressure is mounting on Seretse to relax the law. The intervention of Vice President Masisi could strike the balance in such a way that both local retailers, who are predominantly small in terms of balance sheet and giant South African retailers, are appeased. Some of the malls in Pilane and Gaborone had to delay their opening because of the anchor tenants are yet to be given their trading licences. For some in the retail business it is a catch 22 situation because jobs are at stake; while at the same time citizens are not penetrating the retail market because of South African retailers’ over domination of the sector. Mafia Soul founder, Molefe Nkwete observes that Minister is right with his intervention but it needs to be measured to cater for the interests of all parties involved.
Property developers like Time Projects, Turnstar, Nafprop and others are afraid that the law will have adverse effects on their business because the South African retailers form the bulk of their tenants. It is evident though that the South African retailers are not comfortable with a law that compels them to give controlling stake in their businesses away and they have enlisted property developers and Business Botswana to help argue their case against the Minister.
Business Botswana president, Leta Mosienyane who is not in support of Minister Seretse’s law said they are hopeful that a decision that favours property developers and all retailers will be reached. He said as Business Botswana they want laws that are progressive and favour both the local empowerment and foreign investment. He said the laws should not only be inward looking but should promote outside investment.
THE REAL PROBLEM LIES ELSEWHERE?
Mafia Soul’s recent altercation with the Game City mall developer is seen as the snow ball of the ongoing tiff between local retail businesses and property developers. Small retailers believe that overestimated rentals are used to push them out of prime spaces in favour of big retailers.
There is a general feeling among local retailers that South African retailers are favoured ahead of locals.
Mafia Soul has had to endure a period of lost business during the Game City mall renovations and the balance sheet thinned. At some stage they requested that their rent be reduced from P35 000 and the rent was cut by P3000. As the sales continued to drop to as low as 40 % the business owners wrote another letter demanding that the rent be waived for six months and they be compensated with P250 000 for lost business as a result of mall renovations.
But these were both rejected outright and they were told that their lease will be terminated. Following this communication they started experiences frequent electricity cuts occasioned by the property management, something which they challenged from a legal perspective on the grounds that mall developer was not a utility company.
The argument from the likes of Mafia Soul is that their businesses are not given the same treatment as the South African businesses, they point to incentives directed to South African retailers such as Tenant Installation support where a tenant could receive funding to start up and even pay salaries for six months.
They indicate that the reason why they support Minister Seretse’s law is because of the skewed practices that do not favour local retailers. “Let the playing ground be fair and we shall all be in harmony,” said Nkwete, whose business has paid rental accruing to P2.5 million in the last five years at Game City mall.
He confirmed that they currently owe close to P164 000 in rentals as a result of slow business at the mall because of the renovations. He said they have a pending case with Turnstar at the High Court and it is penned of December 6th this year.
The United Nation’s UNiTE campaign has marked the beginning of 16 days of activism against Gender-based Violence which will end in December 10 2020, under the global theme, “Orange the world: Fund, Respond, Prevent, Collect!”
The UN Secretary-General’s UNiTE by 2030 to End Violence against Women campaign (UNiTE campaign), managed by UN Women — is a multi-year effort aimed at preventing and eliminating violence against women and girls around the world.
The UN Women’s generation equality campaign emphasises the call for global action to bridge funding gaps, ensure essential services for survivors of violence during the COVID-19 crisis, focus on prevention, and collection of data that can improve life-saving services for women and girls.
Furthermore, the UN Secretary General’s report maintains that this year is like no other. Even before Covid-19 hit, violence against women and girls had reached pandemic proportions.
Globally, according to United Nations, 243 million women and girls were abused by an intimate partner in the past year.
Meanwhile, less than 40 percent of women who experience violence report it or seek help.
Evidently they suggest that as countries implemented lockdown measures to stop the spread of the coronavirus, violence against women, especially domestic violence, intensified- in some countries, calls to helplines have increased five-fold.
“In others, formal reports of domestic violence have decreased as survivors find it harder to seek help and access support through the regular channels. School closures and economic strains left women and girls poorer, out of school and out of jobs, and more vulnerable to exploitation, abused, forced marriage, and harassment,” said the UN.
According to the UN, in April 2020 as the pandemic spread across the world, the UN Secretary-General called for “peace at home”, and 146 member states responded with their strong statement of commitment.
“In recent months 135 countries have strengthened actions and resources to address violence against women as part of the response to Covid-19. Yet, much more is needed,” said the report.
Moreover, they submit that as today, although the voices of activists and survivors have reached a crescendo that cannot be silenced or ignored, ending violence against women will require more investment, leadership and action.
“It cannot be sidelined; it must be part of every country’s national response, especially during the unfolding COVID-19 crisis,” contended the UN report.
For the 16 Days of Activism, UN Women handed over the mic to survivors, activists and UN partners on the ground, to tell the story of what happened after COVID-19 hit.
According to Dubravka Šimonovic, special rapporteur on violence against women, there is urgent need to end pandemic of femicide and violence against women.
Ahead of the International Day for the Elimination of Violence against Women, she emphasizes that as the world grapples with the devastating impact of the COVID-19 pandemic and its negative impact on women, a pandemic of femicide and gender-based violence against womenis taking the livesof women and girls everywhere.
Therefore, she is calling on all States and relevant stakeholders worldwide to take urgent steps to prevent the pandemic of femicide or gender related killings of women, and gender-based violence against women, through the establishment of national multidisciplinary prevention bodies or femicide watches/observatories on violence against women.
These bodies should be mandated to 1) collect comparable and disaggregated data on femicide or gender-related killings of women; 2) conduct an analysis of femicide cases to determine shortcomings, and recommend measures for the prevention of such cases, and 3) ensure that femicide victims are not forgotten by holding days of remembrance.
“Data this mandate has collected since 2015 through my Femicide Watch initiative corroborates the data available from the UN Office on Drugs and Crime, and indicates that among the victims of all intentional killings involving intimate partners, more than 80% of victims are women. Many of these femicides are preventable. Since 2015, a growing number of States have either established femicide watches or observatories, and in an increasing number of countries, it is the independent human rights institutions, civil society organizations, women’s groups and/or academic institutions that have established femicide watches or observatories,” she argued.
GBV in Botswana
UNFDP (United Nations Population Fund) Botswana cites that, locally over 67 percent of women have experienced abuse, which is over double the global average.
“Gender-based violence undermines the health, dignity, security and autonomy of its victims, yet it remains shrouded in a culture of silence and normalization. Victims of violence, the majority of which are women and girls, can suffer sexual and reproductive health consequences, including forced and unwanted pregnancies, sexually transmitted infections including HIV, and even death,” indicated UNFDP
In his 2020 State of the Nation Address (SONA) he delivered on Monday 9th November at the Gaborone International Convention Centre (GICC), President Mokgweetsi Masisi said government is concerned about the snowballing of GBV incidences, saying, they have prioritized drafting of a Sexual Offenders Bill to be tabled during the sitting of the 12th Parliament.
“The Bill will establish a Sex Offenders’ Registry to record and publicise names and particulars of all persons convicted of sexual offences. To date twelve districts have set up the District Gender Committees in Chobe, Kweneng, Kgatleng, Kgalagadi, Maun, Serowe, Selibe-Phikwe, North East, Bobirwa Sub District, Mabutsane Sub District, Goodhope Sub District as well as Mahalapye Sub District. These committees will promote gender equality and women’s empowerment, and also address gender based violence,” Masisi said.
The President highlighted that the Botswana Police Service, which has been dealing a lot with GBV cases has taken swift action and introduced a Toll-Free number for reports on gender based violence. He further indicated that the Police will establish a Gender and Child Protection Unit
An international report complied in South Africa dubbed ‘Legal Gender Recognition in Botswana’ says that the transgender and gender non-conforming people in Botswana live a miserable life. The community experiences higher levels of discrimination, violence and ill health.
In this report, it has been indicated that this is because their gender identity, which does not conform to narrowly define societal norms, renders them more vulnerable. Gender identity is a social determinant of health, which means that it is a factor that influences people’s health via their social context, their communities and their experiences of social exclusion. The Ministry of Health and Wellness has recognized this, and transgender people are considered a vulnerable population under the Botswana Second National Strategic Framework for HIV and AIDS 2010-2017.
In a recent study that shed light on the lived experiences of transgender and gender non-conforming people in Botswana, transgender persons often experience discrimination because of their gender identity and expression. The study was conducted by the University of Cape Town, LEGABIBO, BONELA, as well as Rainbow Identity Association and approved by the Health Ministry as well as the University of Botswana.
Of the 77 transgender and gender non-conforming people who participated in the study, less than half were employed. Two thirds, which is approximately 67% said that they did not have sufficient funds to cover their everyday needs. Two in five had hidden health concerns from their healthcare provider because they were afraid to disclose their gender identity.
More than half said that because of their gender identity, they had been treated disrespectfully at a healthcare facility (55%), almost half (46%) said they had been insulted at a healthcare facility, and one quarter (25%) had been denied healthcare because of their gender identity.
At the same time, the ‘Are we doing right’ study suggests that transgender and non-conforming people might be at higher risks of experiencing violence and mental ill-health, compared to the general population. More than half had experienced verbal embarrassment because of their gender identity, 48% had experienced physical violence and more than one third (38%) had experienced sexual violence.
The study showed that mental health concerns were high among transgender and gender non-conforming people in Botswana. Half of the transgender and gender non-conforming study participants (53%) showed signs of depression. Between one in four and one in six showed signs of moderate or severe anxiety (22% among transgender women, 24% among transgender men and 17% among gender non-conforming people).
Further, the study revealed that many had attempted suicide: one in three transgender women (32%), more than one in three transgender men (35%) and three in five gender non-conforming people (61%).
International research, as well as research from Botswana, suggests that not being able to change one’s gender marker has a negative impact on access to healthcare and mental health and wellbeing. The study further showed that one in four transgender people in Botswana (25%) had been denied access to healthcare. This is, at least in part, linked to not being able to change one’s gender marker in the identity documents, and thus not having an identity document that matches one’s gender identity and gender expression.
In its Assessment of Legal and Regulatory Framework for HIV, AIDS and Tuberculosis, the Health Ministry noted that “transgender persons in Botswana are unable to access identity documents that reflect their gender identity, which is a barrier to health services, including in the context of HIV. In one documented case, a transwoman’s identity card did not reflect her gender identity- her identity card photo indicated she was ‘male’. When she presented her identity card at a health facility, a health worker called the police who took her into custody.”
The necessity of a correct national identity document goes beyond healthcare. The High Court of Botswana explains that “the national identity document plays a pivotal role in every Motswana’s daily life, as it links him or her with any service they require from various institutions. Most activities in the country require every Motswana to produce their identity document, for identification purposes of receiving services.”
According to the Legal Gender Recognition in Botswana report, this effectively means that transgender, whose gender identity and expression is likely to be different from the sex assigned to them at birth and from what is recorded on their identity document, cannot access services without risk of denial or discrimination, or accusations of fraud.
In this context, gays and lesbians advocacy group LEGABIBO has called on government through the Department of Civil and National Registration to urgently implement the High Court rulings on gender marker changes. As stated by the High Court in the ND vs Attorney General of Botswana judgement, identity cards (Omang) play an important role in the life of every Motswana. Refusal and or delay to issue a Motswana with an Omang is denying them to live a complete and full-filing life with dignity and violates their privacy and freedom of expression.
The judgement clarified that persons can change their gender marker as per the National Registrations Act, so changing the gender marker is legally possible. There is no need for a court order. It further said the person’s gender is self-identified, there is no need to consult medical doctors.
LEGABIBO also called on government to develop regulations that specify administrative procedure to change one’s gender marker, and observing self-determination process. Further, the group looks out for government to ensure members of the transgender community are engaged in the development of regulations.
“We call on this Department of Civil and National Registration to ensure that the gender marker change under the National Registration Act is aligned to the Births and Deaths Registry Act to avoid court order.
Meanwhile, a gay man in Lobatse, Moabi Mokenke was recently viciously killed after being sexually violated in the streets of Peleng, shockingly by his neighbourhood folks. The youthful lad, likely to be 29-years old, met his fate on his way home, from the wearisome Di a Bowa taverns situated in the much populated township of Peleng Central.
CEO of Khato Civils Mongezi Mnyani has come out of the silence and is going all way guns blazing against the company’s adversaries who he said are hell-bent on tarnishing his company’s image and “hard-earned good name”
Speaking to WeekendPost from South Africa, Mnyani said it is now time for him to speak out or act against his detractors. Khato Civils has done several projects across Africa. Khato Civils, a construction company and its affiliate engineering company, South Zambezi have executed a number of world class projects in South Africa, Malawi and now recently here in Botswana.