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Cabinet sitting on reformer IEC report

IEC says they only implement the electoral law as it is

Cabinet is sitting on a detailed report comprising of recommendations by Independent Electoral Commission (IEC) and various stakeholders including the general public that would see Botswana’s electoral laws being reformed.


The report which is extracted from election observer reports and IEC internal evaluation reports was submitted to the executive following the 2009 general elections – for any possible action to effect the reforms.


WeekendPost has established that the executive is expected, under normal circumstances, to discuss the report contents and propel the debate further to parliament. The executive instructs the Attorney General Chambers to draft the bill and then it goes to the parliament floor to be debated where if passed by parliament it becomes law.


Sources at the IEC are concerned that although the 2014 elections evaluation process has commenced, the 2009 recommendations are yet to be attended to. There were submitted way back by the IEC to the executive for action. This according to sources does not help efforts to empower the IEC and make the electoral process credible and as effective as possible. The report recommendations come from vigorous consultations with stakeholders and the general populace across the country.


This publication understands that some recommendations keep coming up after various elections with cabinet taking no action. “It seems the system works for them (executive) and so they may not want to rock the boat on reforms as yet,” the source further told this publication.


Independence of IEC
In the report, stakeholders have recommended that Botswana should consider moving speedily to enact the IEC Act as a way of enhancing the status of the IEC as an independent, robust authority able to deliver credible elections. IEC was established by section 65A of the constitution. However, it is not established as an independent legal entity with a legal status separate from government. The recommendation is not helped by the fact that IEC is housed under the auspices of the Office of the president and therefore reports directly to the office.


Furthermore, “there is no provision which states that IEC, in the exercise of functions, shall not be subject to the direction or control of any other person or authority (as was the case in the previous section 66 (7) of the constitution relating to the supervisor of elections).” There have been growing concerns from opposition parties and some sections in the society with regard to the institutional independence of the IEC.


Election of the president
According to the report, it is in the interest of strengthening Botswana’s democracy and removing any doubts Botswana may wish to consider amending the constitution to provide for the election of the president by popular vote. It further says that although this will add to the cost of the electoral process and will increase the workload of the IEC, it is worth exploring. IEC says that the proposal requires a political decision as it is peripheral to the IEC mandate.


Under section 32 of the Constitution of Botswana, “whenever parliament is dissolved, an election of the office of the president shall be held in such a manner as is prescribed by this section…or under an Act of parliament.”


Political party funding
The report suggests that Botswana should consider introducing state funding for political parties. It says: “the failure to do so imposes serious constraints on the consolidation of competitive politics in the country. Countries in the region which make provision for such funding include Malawi, Mozambique, Namibia and South Africa.”


The IEC is of the view that, similar to the debate on which electoral system is best for Botswana (first-past-the-post, proportional representation, or a mixed system) or the issue of whether or not Botswana should have direct presidential elections – party funding called for a political decision and was therefore beyond the mandate of the IEC.


However the IEC resolved to request cabinet to give serious consideration to the recommendations made by stakeholders on public funding of political parties.


The report observes the importance of political party funding on the basis of the agitation for party funding by small political parties and their candidates. It also argues against the current set up which encourages unfairness promoted by incumbency.


Specially elected members
Stakeholders have recommended that the country should explore the formula for nomination of specially elected representatives (i.e who qualifies for nomination, appointing authority, criterion of candidate selection and participation other stakeholders) to make it more inclusive and representative of the country’s political landscape.


Section 58 (2) (b) of the constitution states that specially elected members shall be elected in accordance with the first schedule if the constitution and subject there to in accordance with the provisions of any Act of parliament.


Appointment of Secretary
The Secretary to the IEC is appointed by the President under section 66 (2) of the constitution. They argue in the report that since the appointment is not subject to any vetting by an independent authority, there are no checks to ensure that the Secretary will be independent from the appointing authority.


As such the stakeholders recommended that the constitution should be amended to provide for the appointment of the Secretary to the Commission by the IEC. IEC also supports the review of the manner in which the Secretary is appointed, “it should be done in a transparent manner,” they say.


Appointment by the Commissioners
Report further states that IEC Commissioners must be appointed by and be accountable to parliament and their appointment being an inclusive and consultative process, taking into account the diverse political interest in Botswana. It says this will enhance the credibility and legitimacy of the electoral process.


Section 65A (4) of the constitution states that: “…appointments of the chairman and members of the commission shall be made at the last dissolution of every two successive lives of parliament.” This means that, just before every second general election, a new IEC is appointed. The new IEC is then responsible for conducting the general election.

Penalties for voter traffickers
Various stakeholders who helped compile the report are of the view that electoral law should adequately provide for stiff penalties for politicians and people who perpetrate illegal voter registration in a similar way as it does with voters who illegally register for elections.


The report further states that the electoral Act should be amended to accommodate voting by prisoners; and also says there is a need for a provision in the electoral law on media coverage to enforce equitable and balanced media coverage of election camapaigns.


Meanwhile sources at the IEC also believe that if the executive takes the recommendations seriously they can take the matter to parliament and given the ruling party’s numerical strength, they are likely to pass them into law, if there is the political will – and the IEC will be more empowered by the law to deliver on its mandate.


Meanwhile the evaluation of the 2014 general elections is still underway and another report is expected to be released soon.

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No deal was made with Disney World – Tsogwane

16th April 2021
disney-carlifonia-park

President Dr Mokgweetsi Masisi has been touring the entire world since occupying Presidential office in 2018. Few months down the line, he flew to Florida in the United States of America where he landed at the Disney World.

This is the world’s largest entertainment complex opened in 1971, with four theme parks (consisting of Magic Kingdom, Epcot, Disney’s Hollywood Studios, and Disney’s Animal Kingdom).

Upon his return in the country from the fairytale land, Masisi said Botswana struck a partnership with Disney World. The partnership primarily focused on turning the country’s capital, Gaborone, into an international tourism and leisure destination.

“We have struck a partnership with Disney World as a company. They focus on making people happy and bringing tourists. I want tourists in this country. Visa restrictions are out. They will be issued on arrival. I have tasked Minister Makgato’s Ministry to categorize taxis so that there can be value in the taxi industry.

I am very committed to making Gaborone an international venue center and this will bring revenue to our country,” Masisi said at the time. Masisi, has now appointed Makgato as Botswana’s High Commissioner – designate to the Commonwealth of Australia.

However, two years later, there is no sign of Gaborone being turned into a tourism hub. In fact, the partnership Masisi struck with Disney World never emerged. It is now becoming more of a pipeline dream, and politicians are keen to know what really transpired.

In a dramatic turn of events, Masisi’s flanking Minister, Minister for Presidential Affairs, Governance and Public Administration, Kabo Morwaeng, slammed Vice President Slumber Tsogwane with questions on this said ghost partnership, demanding answers on Masisi’s long dead promise.

Vice President Tsogwane told Parliament on Thursday that Masisi was looking for investors to come and do business in Botswana, either in partnership with government or the private sector.

“The President and his delegation engaged in meetings with the management of Disney World to identify opportunities for the company to collaborate with in Botswana. There were a number of opportunities Mr. Speaker for collaboration that were identified to be followed up with by bilateral negotiations with various institutions.

The key area that was identified for collaboration was the implementation of an enhanced customer care training and development akin to that of Disney World.

The Botswana Public Service College was assigned to collaborate with Disney World, to roll out a training programme which will achieve excellent customer service for the public sector in Botswana, Tsogwane said via virtual Parliament.

He further said representatives of Disney World visited Botswana on a fact finding mission in May 2019.

“While in Botswana, the team toured selected sites such as Gaborone bus rank, Tlokweng Boarder post, and Department of Roads, Training and Safety offices amongst others. Following this, Disney World produced a scoping report which detailed training and engagement timelines for consideration by government,” said Tsogwane.

In fulfilment of their procurement requirement, Tsogwane said Disney Institute was requested to submit a proposal based on their scoping report indicating associated cost implications. He said, Disney declined to submit citing that it does not deal directly with government.

“After being advised by their Disney World Board, they therefore advised Botswana government to deal with another company in the United States of America, which according to them does the Disney World way. This never proceeded because our interest was on Disney World and not any other company that point in time.”

As a result, Tsogwane told Parliament that no deal or contract was signed with Disney World. “The issue of easing of restrictions which is part of the question, between any two countries is a matter that is negotiated through diplomatic channels and whenever agreements are reached, proper communication is made. With regard to Visa restrictions between Botswana and the US, Tsogwane says they will continue discussions on how to ease restrictions,” he said on Thursday.

Morwaeng wanted Tsogwane to update Parliament on: Government’s deal with Disney World, the terms of the deal propounded by the President in March 2019; Whether the deal was signed, when it was signed and clear specifics of the deal and its benefits to Botswana tourism; when visa restrictions between the two countries (Botswana and the United States of America) will be eased and visas issued on arrival as per the Disney World deal pronouncement; and If the deal struck with Disney World was not just mere electioneering talk that will never see the light of the day.

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Gov’t has no budget for Magosi’s SADC chase

12th April 2021
Elias Magosi

Despite the government of Botswana’s ambition to have one of its own to lead Southern Africa Development Community (SADC) since its establishment in 1980, the Presidency says there is no budget specifically dedicated to the campaign.

The Government has released the name of Permanent Secretary to the President, Elias Mpedi Magosi, as the candidate for the SADC Executive Secretary position. Magosi is expected to face off with Democratic Republic of Congo (DRC) candidate, Faustin Mukela. The position will become vacant in August this year.

However, despite the optimism the Botswana Government has not yet set aside a budget to assist Magosi to win against the seemingly DRC giant. “We all know that the COVID-19 pandemic has negatively affected the country’s ability to effectively fund any new project. This campaign is not an exception. As such, we do not have any budget for the campaign. However, we have so far managed to take advantage of His Excellency the President’s working visits to the neighbouring countries to also carry out the campaigns,” Press Secretary to the President, Batlhalefi Leagajang, explained.

Botswana has housed SADC since the establishment of the then SADCC in 1980, but has never occupied top most leadership positions at the SADC Secretariat.  “We therefore, strongly believe that we should also have an opportunity to contribute to the management of our regional body as it continues to drive the important issues of regional integration industrialization and socio-economic development.

This will also profile Botswana as a strong advocate of regional integration,” he responded to this publication’s questionnaire as to why the Government wants to occupy the plum post. SADC is a Member State driven organization. As such, Leagajang said, needs a well-grounded Executive Secretary with a blend of management and leadership acumen; a transformational leader with political awareness and integrity; private and public sector experience; a deep culture of corporate governance; as well as strategic agility and result-oriented consummate diplomat.

“These are the unique attributes of our candidate,” he said. So far President Mokgweetsi Masisi has visited nine out of 16 SADC member states on a working visit and also taking an opportunity to present to them his candidate.

“The countries have appreciated this effort and we remain hopeful. However, it is important to note that this is a democratic and competitive process which must be respected,” he responded when asked about the reception and assurances from various countries to cast a vote for Magosi.

In 2018, when Pelonomi Venson-Moitoi challenged for the Africa Union (AU) Chairperson, the government appointed former President Festus Mogae to be the campaign leader. Does the Government have anyone apart from Masisi to help with the campaign?

“The campaigns for the candidate are strictly led by the Government of Botswana. Since this is a candidate for Botswana, not just the Government, it will be appreciated if all Batswana, including the media, could also shoulder the responsibility to campaign for the candidate in their own spheres of influence,” Leagajang responded.

While there are sceptics on Magosi winning against the DRC man, the Government is confident and believes that with the unique traits that he possess, Magosi stands a chance. He is said to be a strong advocate of justice and fairness as he has played this role in his current role as PSP and in his previous roles as PS and in the private sector. He has helped individuals and companies to find justice and fairness in most of their dealings with Government.

Magosi is also said to be a proponent of corporate governance and which he has relentlessly pursued in most of his career including in Government and other sectors. A strong believer in following laid down procedures and laws. “He carries a variety of skills as an HR expert with experience in different sectors, a strategist and an Organization development specialist.

His experience and exposure spans government, parastatal, private sector and at regional level as well, thus making him a suitable candidate for the regional role. He has worked with governments, businesses, development partners and politicians and is comfortable navigating through all of them,” Leagajang concluded.

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Mzwinila’s P4.3 Billion gamble to keep water flowing

12th April 2021
orth-South-Carrier

The Minister of Land Management, Water and Sanitation Services, Kefentse Mzwinila looked a politician set to shoot the moon as he laid bare his billions of pula development agenda recently in Parliament.

His Ministry’s combined Recurrent and Development Budget Proposals for the 2021/ 2022 Financial Year is pegged at Four Billion, Three Hundred and Sixty – Five Million, two Hundred and Nineteen Thousand, Five Hundred and Sixty Pula (P4, 365, 219, 560). This is a budget 38.3% more than the allocation for the 2020/2021 Financial Year.

Mzwinila preluded his request to parliament with a demonstration that his Ministry has no champagne taste on a beer budget – indicating that his ministry’s expenditure at the end of February 2021P2.111 Billion or 96% of development budget; and P910 million or 90% of the recurrent budget.

Notwithstanding the budget dust, the Minister justified this year’s increase in the Ministry’s total budget. He attributed the escalation to the commencement of major projects under the water sector. These include the implementation of the North South Carrier (NSC) 22.2 covering various sub projects. Mzwinila noted that these are all public value projects which are aimed at improving the lives of Batswana.

Mzwinila’s Ministry has projected that the sum of Nine Hundred and Sixty –Three Million, Nine Hundred and Forty – Seven Thousand, Five Hundred and Sixty Pula (P963, 947, 560) be permitted for the Recurrent Budget and stand part of the 2021 / 2022 Appropriation Bill ( No. 1 of 2021).

“55% of the Recurrent Budget is geared towards the Revenue Support Grant for 12 Land Boards and their subordinate authorities while the sum of P5 Million is allocated to the Real Estate Advisory Council (REAC). The remaining 44% is proposed for the Ministry Departments.”

The sum of Three Billion, Four Hundred and One Million, Two hundred and Seventy –Two Thousand Pula (P3, 401, 272, 000), for the Development Budget was approved and stand part of the same schedule of the appropriation (2021/2022).

When breaking down the Development Budget, Minister Mzwinila noted that Water Supply and Sanitation projects will account for P1.098 Billion to finance the Maun Water and Sanitation project, Molepolole Sanitation projects and the Shakawe Water Treatment Plant Rehabilitation.

With all the implementation bottlenecks troubling several projects in the country, Mzwinila had to satisfy the question of whether his Ministry demonstrated a dire need for the budget with reference to its execution of the budget for the financial year 2020/2021 and its delivery of strategic initiatives and projects?

Mzwinila’s pitch found favour with parliament and his ministry will get an aggregate budget of P3.198 Billion for the 2020/ 2021 Financial Year. Within this allocation, P2.188 Billion is for the Development Budget and P1.010 Billion will cover the Recurrent Budget.

The Minister revealed his strategic interventions for land management, water and sanitation services. Highlighting that efforts by Government to provide serviced residential land to citizens on the waiting list are being hampered by limited resources. He shared that his ministry needs P94 Billion to cover such costs which will directly link to water, sewage, roads, electricity, telecommunications and storm water drainage leading to the allocation of 4 587 plots on un-serviced land.

The minister projected that 22 952 un-serviced residential plots are planned to be allocated in the next financial year. However, there is a trend where allocated land remains fallow and undeveloped which raises misgivings that the requests could have been made on speculative plans.

Mzwinila noted that in the spirit of forging stronger International connections, the Ministry will in June 2021 sign a Memorandum of Understanding on Land matters between Namibia and Botswana with the aim of opening doors to the creation of Dry Ports in the country, facilitate international trade through Walvis Bay Sea Port.

Botswana is already challenged by scarcity of naturally occurring water resources due to the aridity of the country creating persistent water shortages. The type of infrastructure required to improve national water security is a true reflection of intensive investment needed in the water sector The Minister stressed.

“An emerging issue such as the COVID -19 pandemic poses serious challenges as the control of the virus requires reliable water supply. In an effort to mitigate the challenge, the Ministry has undertaken extensive bowsing throughout the country which included the provision of additional capacity for supplementary bowsing to areas with pervasive water shortages, plus an additional forty one (41) un-gazetted settlements.

Operational costs due to bowsing were at an average of P6 Million per month before the COVID-19 pandemic and increased to an unsustainable amount of the order of P13 Million per month, since the beginning of the State of Emergency in April 2020,” the minister shared.

Through the support of a World Bank Loan, the Ministry is implementing several initiatives under the Botswana Emergency Water Security and Efficiency (BEWSE) project. Through BEWSE the Raw Water Pricing and Abstraction Strategy will assess the pricing of water in a manner that enables the provision of water to support new economic development, the strategy is planned to be completed in June 2021.

The Ministry has commenced the development of a long term National Water Security Strategy to improve resilience to climate change impacts. The strategy development entails prioritization of the proposed future mega water transfers such as the Chobe – Zambezi water transfer, the Atlantic Ocean water transfer to Botswana through Namibia and Lesotho – Botswana water transfer.

Following the signing of the tripartite Memorandum of Agreement (MoA) between Botswana, Lesotho and South Africa in November 2017 for the Lesotho –Botswana Water Transfer project, a 24 months contract for a combined prefeasibility and feasibility study for the development of a bankable Lesotho – Botswana Water Transfer project feasibility study was signed and is to be completed in 2022.

One of the Ministry’s famous major water supply projects such as the North South Carrier (NSC) 2.2 has experienced hiccups; having tenders for contract 1 (Masama to Mmamashia Pipeline) and Contract 2 (Mahalapye to Masama Pipeline) cancelled due to budgetary constraints.

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