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.
News
Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
News
Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
News
Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.