The 114 applicants wanted to be provided with water and other amenities
Residents of Ranyane settlement in the Gantsi District waited for almost a year for a judgement to be delivered at the Gaborone High Court, only to be told that as long as they have chosen to remain in a wildlife management area while others agreed to be relocated to other areas, they are not entitled to free services from government.
Residents had taken government to court over the termination of water services, mobile clinic and Draught relief programmes in their area. They demanded such services to be restored.
In a Judgement that took Justice Terrence Rannowane ten Months to prepare, Ranyane residents were told that the Council cannot be ordered by court to extend such services to unrecognised settlements such as theirs.
“In summary, I find that Ranyane is an unrecognised settlement situated within wildlife management area. The provision of services thereat including water and Ipelegeng programmes was a temporary arrangement and all the rightful beneficiaries and consumers of the services were aware of this arrangement. The termination of such services followed extensive consultations with the residents,” Rannowane ruled.
Rannowane reserved this judgment last year December and by the time he delivered the judgement on Wednesday this week; just two of the 114 applicants in the matter were present in court. The duo said it was because others could not make it to Gaborone on short notice owing to the long distance and the remote location of their Settlement.
Ranyane is located about 300 km East of Gantsi Township, making it around 1000 kilometres from Gaborone. It is inhabited mostly by Basarwa tribe, some Bangologa as well as Bakgalagadi tribes. It has a Headman, an elected Councillor as well as a specially nominated Councillor. According to the 2011 population census, the settlement had 182 people.
The attorney, representing the 114 applicants in the legal battle for restoration of services, Onalethata Kambai of Kambai Attorneys in Gaborone who represented them on voluntary basis said he had to travel to Ranyane to inform the people of the outcome of their court case.
“On the face of it, it is appealable, but we are going to consult the clients first. Left as it is, the judgment sets a bad precedence that people cannot co-exist with animals,” Kambai expressed his disappointment with the judgment. However he insisted that it is the applicant who would make a decision of whether or not to appeal against the judgment.
Tale of Ranyane
The conflict of services between Ranyane and the Gantsi District Council started in 2011 following the population census which revealed that the number of people living in the area was going up. From then, the Council announced its plan to relocate the Basarwa who had settled in the area over the years to neighbouring settlements such as Bere. Met with résistance from residents, the government then took away the only borehole engine which was pumping underground water to supply the settlement and the legal battle ensued.
One of the applicants in the matter Heebe Karakubis, 57, says she was born and grew up in Ranyane. The government insists that she was not born in Ranyane but rather a nomad who travelled from other parts of Gantsi District.
However the evidence she submitted before court was that she and other residents used to live on wild fruits and berries such as kgengwe and mokawa as well as hunting wild animals for sustenance around Ranyane area. The lifestyle changed after independence when the government passed laws banning hunting. Since then most residents earn their living by working in farms around the settlement and in government draught relief programmes such as Ipelegeng.
The explanation by government is that in the 1960s, boreholes were sunk along a stretch of land from Gantsi District to Lobatse known as the trek route boreholes. They were used for watering cattle which were driven on foot, donkey or horseback to the Botswana Meat Commission (BMC) in Lobatse and Ranyane was one of those boreholes drilled for such purpose.
Since selling cattle to BMC was not an everyday event, the boreholes were used for other purposes including as source of water for Basarwa who were ordinarily nomadic and lived around various pans during rainy season. The borehole was later used as an artificial insemination camp.
Ranyane residents told court that before the camp was established, there were Basarwa who were already living there. The government subsequently closed the artificial insemination camp and stopped operating the borehole. The Basarwa tribe continued living in Ranyane as they used to before independence.
Records from the Department of Animal Production show that Ranyane and other boreholes were decommissioned in the 1980s; and the artificial insemination camp was moved to Metsimantsho settlement.
In 1992, Ranyane residents say they requested the Council to provide them with a borehole engine so that they can draw water for the settlement. The very same year, officials from the Gantsi Land Board and the Department of Wildlife and National Parks informed the residents in a kgotla meeting that Ranyane was a Wildlife Management area and that their presence in the areas was obstructing the movement of the animals.
However three years later, in 1995 Metsimantsho Councillor Paul Mokgethisi, moved a motion calling for the re-opening of Ranyane borehole for use by Basarwa who were then residents at Metsimantsho, Ncojane and various pans such as Gakhwa, Zwgkata, Kaangwa, Dibakang, Uzwe, Ngwamasisi, Rulane and others.
The council adopted the motion since Basarwa in those areas, though generally nomadic, were living precariously during dry seasons. The motion according to the Council was adopted with understanding that Basarwa would get water temporarily at Ranyane until a settlement is identified for them. Since then the Council provided maintenance of the engine, constructed a reservoir and water reticulation pipes in Ranyane.
“The council undertook to operate the borehole as a temporary measure as it was within the wildlife management area and those who settled there were made aware of this arrangement and this included the then Councillor for the area. It was only in 1996 that people started converging in that area increasing the population from 39 in 1991 to 94 in 2001 and to 182 as per 2011 census,” Rannowane noted in his judgment.
The Gantsi District Council had argued that, following the reopening of the borehole in 1995, there was an influx of Bakgalagadi and other Tswana speaking farmers who left their farms and other communal boreholes to take advantage of free water in Ranyane. Some of them brought with them large numbers of livestock (300 herd per farmer) and quickly became dominant in decision making. This state of affairs did not help the situation and exacerbated the costly and unsustainable nature of the provision of services and the Council could not cope.
“It had become clear, it was averred, through kgotla consultative meetings that it was not the original Basarwa people who were intended to be temporarily assisted with water at Ranyane but other ethnic groups with large numbers of cattle who had incited them to renege from the original agreement. That was apparently because they had left their own farms and boreholes behind and were amassing riches at the expense of Council,” Rannowane further stated.
The Council stopped the operation of the engine on the 8th December 2011. The engine was in working order when removed. The Basarwa people were told the engine was removed because they were now sharing water with other tribes especially Bakgalagadi who had settled in Ranyane and reared more domestic animals.
However the Engine was brought back in 2012, but the Council was no longer providing free diesel. The residents had to sell their lifestock to buy the needed 210 litres of diesel which costs around P21 000.00 Month plus an extra P1000.00 for transporting it from Gantsi.
In the event the engine is malfunctioning, they have to go for many weeks or months without water as compared to when the Council was running it as it would immediately send an officer to fix it. The current engine used at Ranyane was bought by the residents after they mobilised their resources to buy it at a whooping amount of P10 000.00.
Although the court has reaffirmed the Council’s stance that Ranyane is an unrecognised settlement, several developments and services were brought to Ranyane just like in all other areas within the Gantsi district including the installation of a Headman of Arbitration in 1998. A kgotla, shelter for mobile clinic and a toilet were constructed by Ranyane dwellers through the draught relief programme. They also fenced the Ranyane graveyard and debushed the main road through the same programme.
The Independent Electoral Commission even put up a polling station at the area during previous elections and the Minister of Local Government and Rural Development Planning recognised Ranyane when a Councillor was specially nominated to represent Ranyane/Metsimantsho ward in the Gantsi District Council.
On the 1st May, 2013, the Council engaged in a house to house campaign where the people were told to relocate or suffer the consequences as the Council intended to terminate the provision of services by way of removing the borehole engine amongst other services.
On the 24th May 2013 there was an urgent meeting addressed by government officials and at the said meeting the Land Board Chairperson, Nelson Molepolole is said to have told the Ranyane inhabitants that they had to relocate otherwise the government would engage the Police and the Special Support Group to monitor those who refused to relocate. If fact Molepolole is said to have threatened those who refused to relocate that their houses will be demolished using earth moving equipment.
Some residents gave in to the forceful relocation while some resisted and successfully launched a legal action against government.
On July 2013, the then Assistant Minister of Local Government and Rural Development, Olebile Gaborone addressed a meeting where he tried to persuade the resident to relocate but the majority refused. In one of the meeting the Minister promised that the government would respect the court order and would do nothing to contradict or disobey it.
That very same Month the government stopped all draught relief programme from Ranyane.
Before the programme was terminated, there were 40 residents of Ranyane employed on a rotational basis earning around P400 per Month. They relied on the money to support themselves and families. Since the termination of the programme they contend they do not have alternative employment or source of income and hence they have been reduced to live in dire destitution.
Some residents had to move to neighbouring settlements such as Kole and Metsiamanong where the services have not been terminated. Some relocated so as to take up work in draught relief programmes while others had to safe themselves and their livestock from thirst.
The resident are of the view that these unpleasant state of affairs were deliberately designed by the government to punish those who refuse to relocate from Ranyane and to compel them to move out and that in the absence of reasonable explanation for termination of the said services, the government’s conduct amount to unjustified and unfair discrimination in the distribution and provision of services.
The government stand is that it never intended to force Basarwa to relocate from Ranyane but rather that the house to house campaign of May 2013 was to “take the inventory of belongings of those who were willing to relocate and also to deal with possible family issues such as a situation where within a family some members would wish to relocate whilst others would want to remain behind.
It further suggested that the Basarwa prior to the influx of other ethnic groups had never shown any indication of reneging from the understanding that their stay was temporary.
The government further contended that the Bakgalagadi and Tswana Speaking groups influenced a motion to declare Ranyane a recognised settlement despite the low number of residents.
The government stand is that due to low number of residents coupled with the fact that it was located within a wildlife management area, Ranyane could not be declared a recognised settlement.
As regards the provision of drinking water, Rannowane concluded that the matter should be resolved with the Water Utilities Corporation, which is responsible for provision of such a service throughout the country and that the provision of a mobile clinic is the responsibility of the Ministry of Health not of the Gantsi District Council.
Botswana Democratic Party (BDP) leadership has indicated that the party is not worried about the Memorandum of Understanding (MoU) signed by opposition parties to support each other in the upcoming bye-elections.
Umbrella for Democratic Change (UDC), which comprise three opposition parties; Botswana National Front (BNF), Botswana People’s Party (BPP) and Botswana Congress Party (BCP), recently agreed terms with other opposition entities; Botswana Patriotic Front (BPF) and the Alliance for Progressives (AP).
The duo of AP — a splinter part of Botswana Movement for Democracy (BMD) — and BPF — a splinter of the BDP— did not contest under the ambit of UDC in the 2019 general election. The two parties have a combined four seats in parliament and a combined popular vote of 74 000 from the 2019 general election.
The signing of the MoU on bye-election is seen as a giant step by the opposition to consolidate their efforts against the BDP in the 2024 general election.
Unveiling the 11 candidates that will represent the party in the bye-elections billed for 18 December 2021, BDP Chairman Slumber Tsogwane stated that the cooperation of opposition parties to gang against the ruling party is not a new development in Botswana and that BDP has always emerged top in the face of such collaboration.
Tsogwane indicated that, as per reports, opposition parties had challenges relating to the allocation of wards, which were only resolved after the intervention of the leader of UDC, Advocate Duma Boko.
“We are not frightened by opposition cooperation. It is not happening for the first time. We have tasted it before. They tried in 2019, and it did not work,” Tsogwane said buoyantly. “We still want to face them as a united block in 2024 because BDP is a giant that can only be tried by a united opposition.”
Tsogwane’s sentiments were shared by party secretary-general Mpho Balopi, who also believe that opposition cooperation is a non-starter. He said, in 2019, BDP increased its popular vote, despite BCP having joined the ranks after not partaking in the 2014 general elections. “They believed that based on 2014 numbers, the BCP joining UDC will give them power, but that was not the case,” Balopi said.
BDP increased its popular vote from 46.4 percent in the 2014 general elections to 52.6 percent in the 2019 general election. The 2014 general election was BDP’sBDP’s worst in history, with the party garnering a popular vote below 50 percent for the first time since independence. BDP also increased its seat by one in the last general elections. Meanwhile, the opposition garnered 19 seats in 2019 compared to 20 in the 2014 general election.
“They [opposition parties] have been doing so since 2011 after the formation of Botswana Movement for Democracy in 2010. It is not a question of what are we going to do as the BDP. It is about what we have done in the past,” said Balopi. Balopi, who first became party secretary-general in 2011, led the BDP to the 2014 and 2019 general elections.
Last weekend, BDP held primaries in seven wards to choose candidates to represent the party in the 18 December bye-election. Meanwhile, four wards agreed to settle for compromise candidates.
The wards are going for elections on 18 December are the following; Nkgange North Ward (Nkange), Tamasane Ward (Mmadinare), Khwee Ward (Boteti East), Tumasera-Seleka Ward (Sefhare-Ramokgonami), Ga-Molopo Ward (Goodhope-Mabule), Lorolwane Ward (Mmathethe-Molapowabojang), Moshupa East Ward, (Moshupa-Manyana), Boseja South Ward (Mochudi East), Metsimotlhabe Ward (Gabane-Mmankgodi), MotokweTsetseng Ward (Takatokwane), Lentsweletau West (Lentsweletau-Mmopane).
Following the conclusion of the MoU agreement, BNF has been allocated six wards to contest. The wards are Boseja South, Khwee, Lorolwane, Moshupa East, Motokwe and Ga-Molopo. The BNF will, however, hold primary elections in Khwee while other wards settle for compromise candidates.
BCP will contest in Tumasera-Seleka Ward, Nkange North Ward and Metsimotlhabe Ward. An agreement has been reached that Metsimotlhabe Ward, despite being allocated to BCP, will field an AP candidate to warm up opposition unity talks for the 2024 general election. AP has also been awarded Lentsweletau East Ward.
Meanwhile, the new kid in the bloc, BPF, has managed to get Tamasane Ward in Mmadinare. It was also given Lorolwane Ward on paper, but it has decided to field a BNF candidate at the ward.
A proposal by the private security companies operating in the cash business for firearm licensing, sent to government for consideration, has called on government to speedily consider licensing private security companies operating in the cash business as a panacea to the prevailing cash heists.
The companies say they do not seen why they cannot be armed because all the countries surrounding Botswana within the SADC region have a provision for armed private security. This, they say, has been the case for many years with South Africa, Namibia, Lesotho, Zambia, and Angola all having this security measure in place and in many cases, for the last three decades.
“In all of these countries, the law provides that private security companies are entitled to use firearms subject to conditions under the law. For instance, in Angola private security personnel may only use firearms provided they have undergone competency training and are also required by law to keep registry and tracking of the licenced firearms. In many of these countries, armed private security does not only include for cash operations (including cash in transit) but extends to both the alarm response and to man-guarding services (a case in point being Namibia and South Africa),” reads the proposal.
The proposal further says this situation is further exacerbated by the fact that the Botswana currency is generally stronger than all other currencies in the region making it an attraction to would-be criminals. “Additionally the fact that this currency can be exchanged in any of the countries bordering it with relative ease, makes it an even more attractive avenue,” reads the proposal.
The estimated size of the cash in transit business, according to the companies, is estimated at over BWP 120m annually with over 160 daily delivery and collections between clients, the Central bank and the security company’s cash centres and automated teller machines (ATM’s).
There are currently five security companies providing the CIT services in Botswana.Despite operating in the same security threat environment, and in many instances transporting high value consignments as the Government transfers, private security companies say they do not have the same armed escorts accorded to government consignments like cash and diamonds, as they are not licenced to carry firearms by law.
“With the advent of increased security threats (as evidenced by the number of attempted and successful heists), these businesses require the same level of security in the form of having licenced firearms in order to provide their own armed escorts to ensure that there is sufficient cover and provide a deterrent to would-be criminals. The current arrangement of using Police escorts for private security, while effective as the Police are armed and acts as a deterrent, is not sustainable both in terms of resourcing and cost,”
Explaining how government handles own cash transfers, the companies says the government enlists armed Police escorts when moving high value consignments, in particular when transferring cash from and to the Central Bank due to the high risk associated with this movement.
“This acts as a deterrent to ensure that there are no attacks on these consignments. This has proven to be an effective deterrent as criminals, knowing that the Police are armed, do not attempt to attack these transfers and to date there has not been a case reported on these despite the number of years this service has been in place,” stressed the companies in the proposal.
The companies dismissed claims that the licensing may in some ways be misused saying the government through the Arms and ammunition board has always conducted raffle draws for both shotgun and rifles for members of the public in order to access firearms licences. This, they say, has been ongoing for many years but there have not been serious incidents of misuse.
“This provides a view that where there are proper control mechanisms in the issuance of firearm licences, public safety can still be guaranteed,” they observed.
Recommendations by Private Security Companies
Private security companies with Cash businesses request to be allowed to have licenced firearms in order to establish and run their own escort services. This is the only service to access firearms to mitigate the current risk. This will be subject to, amongst other requirements.
Strict criteria to be formulated in relation to the training of the officers who will use the firearms including continuous retraining at specified intervals. Firearms register to be developed with tracking capability and auditable by the authorities at all times. Firearms are retired by the officers at the end of duty on a daily basis and issued the following working day.
There will be a requirement for psychological evaluation for officers to be issued with firearms including ongoing evaluations at various intervals. The cash businesses will need to demonstrate the number of firearm licences required in line with the size of their cash businesses; approval to be based on proportionality to the required escort service and satisfaction
The need for firearm licencing is further demonstrated by the nature of the business in that private clients invest in security companies for safe custody and transfer of their cash assets hence the security companies require to be effectively prepared to match these requirements and expectations that comes with this.
The companies proposed two models to be adopted, the first being for the provision for arming tactical teams that will provide escorts for the cash businesses. These teams will be in-house and the company is the one being licenced. The second is the provision for arming CIT crews (driver and crew man) across the cash business
The companies further warned that this has to be taken seriously because the Cash In Transit service is critical to the daily functioning of the money economy by ensuring that cash circulation is optimally maintained.
Major clients such as banks and retailers, they said, depend on this service for successfully running their businesses. “For these clients, same day value in money transfers is crucial as customer demands are increasingly high to be able to withdraw and deposit money at ATM’s without disruption and in the case of retailers deposits made are required for working capital on a daily basis. Disruption in the provision of the service, as is the case where the security of the service is affected due to armed robberies, results in the disruption to the functioning of these sectors and the associated losses incurred,” they concluded.
The Auditor General’s report for 2019/2020 shows how hundreds of orphans could not benefit from an account holding billions of Pula because officials at the Department of Social Protection under the Ministry of Local Government and Rural Development slept on the job.
Also robbed of the opportunity to benefit from the programme were vulnerable children.
The report reveals that the Department had outsourced beneficiary payments to Botswana Post, Sandulela Telecom Botswana and Smartswitch Botswana (Pty Ltd). Each service provider was engaged to effect payments for specific elements of the beneficiary packages. The Department disbursed a total of P3.3 billion from 2016/2017 to 2019/2020.
“However, the Department had lost control of the key financial operations to the service providers, who had breached the terms of the Memorandum of Agreement (MoA) on numerous occasions,” the report says.
The report says that a Memorandum of Understanding between the department and service providers requires engaged companies to ‘consolidate, verify and return all unclaimed payments to Client, together with a list of beneficiaries who did not claim such payments’. Such information must be submitted after every three (3) months for reconciliation.
“However, the service providers on numerous occasions contravened the terms of the agreement, as they took a substantial amount of time beyond the stipulated period to return unclaimed monies. Instances were noted where Sandulela took unduly long, even up to 21 months to submit returns to the Government,” the report says,
The report states that Sandulela held an average of P6.2 million in unclaimed cash allowances during this period, thereby denying the Government the opportunity to invest the monies elsewhere and earn interest.
Regarding the MoA, the report says that Botswana Post and Sandulela Telecom were required to open separate bank accounts to be used ‘solely for the social benefits cash allowances in the Agreement and the interest accrued in that account shall be reimbursed to the Client’. The agreement also provided that the service provider may keep the monthly unclaimed cash component for a period not exceeding three months with interest accrued thereon.
In line with their obligations, says the report, the Department credited Botswana Post and Sandulela Telecom with P2.3 billion and P371 million, respectively, for social welfare grants payroll for 2016/2017 to 2019/2020. Some of the beneficiaries did not collect their cash allowances monthly, and these had accumulated to P66 million for Botswana Post and P9 million for Sandulela Telecommunication Botswana.
“Based on the above observations, the Government could have earned interest on the unclaimed cash allowances if they had been returned as prescribed. As such, the service providers did not fully abide by the terms of the agreement,” the report says.
The report found that the agency fees for each invoice were based on the number of beneficiaries paid in a period multiplied by the rate prevailing at a specific location. It was observed that the Client did not receive reconciliation reports showing paid and unpaid allowances in time to update the Social Benefit and Reconciliation System (SOBERS) application system.
“Therefore, the credibility of the amount as calculated in the invoice could not be reasonably assured. The P47 million and P142 million agency fees paid to Sandulela and Botswana Post respectively for a period of 4 years may not be reflective of the number of beneficiaries paid,” the report says.
Retarding the Beneficiary Management Process, the report shows that the beneficiary registration system had some deficiencies, which resulted in delays in updating the monthly payroll with newly approved beneficiaries. Some beneficiaries had to wait for up to 5 years before they could receive the cash allowance, consequently defeating the programme’s key objectives.
“A total of 2 270 social grant beneficiaries who passed on from as far back as 1997/1998 were removed from the payroll in 2017/2018 and 2018/2019, which meant that some of them had remained active in the payroll for more than 20 years after their death. The Department had deposited their share of cash allowances amounting to over P17 million with the service providers, and there was no evidence of interest paid to the Client on this amount,” the report says.
In addition, the report says, cash allowance for 50 beneficiaries was claimed even though they were deceased. The audit could not rule out the misappropriation of P185 545 in payments to non-existent beneficiaries.
In terms of the Child in Need of Care (CNC) and the Community Home Based Care (CHBC) programmes, the report says, children require a special diet prescribed by a paediatrician to be enrolled. For that reason, the food parcels should include the prescribed food items only. According to the report, this proved to be easy to manipulate since the Smartswitch card did not have any restrictions established specifically for CNC.
“The Department of Social Protection (DSP) is in partnership with 9 NGOs, whose main aim is to protect the orphans and vulnerable children. The implementation of the programme includes key activities assigned to the District Councils,” says the report.
Therefore, the report says that the exchange of crucial information reports between the two parties is vital for the Client to be up-to-date with the operations to execute their mandate. The oversight role was therefore considered ineffective due to the following:
The NGOs did not provide quarterly narrative reports, financial reports and annual audited financial statements to account for transactions on their operations, which was in breach of the MoA. The Botswana National Plan of Action for Orphans and Vulnerable Children for 2010-2016 requires DSP to establish an independent body to provide oversight comprising development partners; however, this had not been done.
The DSP did not establish the Monitoring and Evaluation Committee as required by the National Monitoring & Evaluation Framework, whose mandate was inter-alia to ensure that Local Authorities effectively account for funds disbursed to them and establish whether they had been utilized for the intended purposes.
As a result, the report says the “Department had lost control of and had abdicated their responsibility and accountability for funds approximating P806 million disbursed between 2016/2017 and 2019/2020 to the NGOs and Local Authorities.”
It says that while the objectives of different classes of social grants may have been met, it is nevertheless of paramount importance that all the prescribed criteria in all the authorities are complied with for sound management of the programme.