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The critical role of Intelligence services in a vibrant democracy


The 2014 general elections have come and gone.  Thanks to all stakeholders – the Independent Electoral Commission (IEC), the security wings, the media and the general public – the elections closed in a dignified manner, vindicating Botswana’s international ranking as a thriving democracy and oasis of peace.


The public was polarized on various pre-election issues. There was a stark apprehension, fed by frenzied media reports that, perhaps, the elections might be manipulated by the security agencies.  Despite the polar views, Batswana voted in peace – their wishes clearly expressed through the ballot,the results unanimously endorsed by leading local and international analysts as free and fair.


Generally, many analysts agree that the 2014 results reflected the country’s pre-election mood. The lack of evidence to remotely suggest that the security organs meddled with the election outcome, contrary to pre-election fears, shows how speculative media reporting that the security apparatus is there to just keep tabs on citizens can cause unnecessary alarm.


Sensational reporting by the media on intelligence security services can stigmatize the work of a country’s intelligence services, leading to dire consequences for the country’s competitiveness and overall security.


This article strives to create awareness about the essential functions of intelligence services in protecting a democratically elected government and a commercially competitive state.


The nation needs to appreciate and render support to the positive aspects of intelligence services and the challenges intelligence personnel face on the frontline when fighting various forms of threats to national security.


The importance of an intelligence system in a democracy cannot be over emphasized.There is more to intelligence services than simply keeping a political party in power. Like the 2014 elections have now shown, the ruling Botswana Democratic Party is in power today courtesy of a split of the opposition vote. Batswana demonstrated they have a voice in the affairs of the country through the ballot without any interference from any security organs contrary to public perceptions.


While the public easily accepts the police, soldiers and other security operatives, there is always a measure of mistrust and phobia when it comes to living side by side with the intelligence services, fueling a rocky relationship with debates that sometimes seem to tear the country apart.


The stigma towards security intelligence services, fueled by the media’s disdain, combines to isolate intelligence services from main stream governance functions. These factors ultimately have the potential to weaken and demoralize the fight against organized crime in the country, let alone to attract talent in this vital national undertaking.


As an integral part of governance in a modern state, Intelligence services do not necessary exist exclusively for a sitting President. Among other things, they support the policy positions of a democratically elected government. Any citizen who ascends to the highest office of the land would need efficient security wings, not only to shield the state from all forms of sophisticated crime, but also to protect an elected government to complete its mandated constitutional term of office and deliver on its policy priorities without any forms of sabotage.


In other words all state security organs, including the intelligence wings, exist together to protect the choices of the society through an elected government in power,regardless of which party that wins an election.


All democratic states worldwide, from super powers such as the United States of America to impoverished countries of the third world, retain security intelligence services to defend them against various threats to national security. Democracy as amodel of governance in itself needs to be defended and protected, not only through the ballot and the media, but by state intelligence agencies too.


The mandate of a security intelligence service therefore has a more complex and broader function of defining and developing adequate intelligence on present and future threats to national security. In any democracy such as Botswana’s, this task is carried out with due care to ensure respect for human rights and protect fundamental freedoms of nationals. Law abiding citizens should therefore never live in uncalled for fear or phobia of the intelligence wings.


In the United States of America, the Federal Bureau of Investigation (FBI) is directed or authorised by Presidential statements and directives to obtain information about activities threatening American security from time to time. America has seen it all in the world of threats. Intelligence agencies in the United States require to be very vigilant, well financed and always on their toes in order to be a step ahead of a complex web of different manifestations of criminals that could bring the world’s top economy to its knees if the intelligence organs fail to function efficiently.  September 11 is a case in point.


Botswana has its own unique challenges in terms of national threats. Glaring high profile project failures in the economy give the impetus to increase the surveillance capacity of the local intelligence community in order to provide the executive timely and vital information for decision making on key national projects.


The country has lost millions of Pula in failed mega projects.The Hyundai plant, the collapse of the Fengyue glass project in Palapye and the struggling Mmamabula power project are cases which if stakeholders (executives) had engaged and fully collaborated with the intelligence community in screening partnering companies perhaps it would have yielded a different story.


Organized crime syndicates are always calibrating their schemes and it calls for a well resourced and passionate intelligence service to counter these emerging threats in the national interest.


A clearly defined mandate helps a security intelligence service to function efficiently. What must be avoided though is when the rhetoric of “national security” is used to justify clamping down on dissent and civil liberties. At the same time, the relevant legislation defining the threats to national security should be flexible and broad enough to allow a security intelligence service to scan the horizons and prepare for looming threats in the ever changing complex world of criminals. These threats may well be terrorism arising from new conflicts, or serious crime and financial fraud undermining the economy of a democratic state, or people attacking communications and computer systems.


In defining the roles of Intelligence services in a democratic state, this article deals with two forms of threats that a state intelligence system needs to define and develop strategies against. Later articles will investigate other forms of threats to national security that the intelligence services have to contend with, concluding with the relationship between the public, the media and the intelligence services.


Espionage and sabotage
With a view to protecting national security, sensitive information concerning political, economic, scientific or military affairs of the state must be kept secret. All countries have secrets that other states seek to acquire in order to advance their objectives. Any unauthorised attempt to obtain such information for a foreign power is an indication of possible espionage. Sabotage is considered as activities conducted for the purpose of endangering the safety, security or defense of vital public or private property, such as installations, structures, equipment or systems.


In countering espionage, a security intelligence service catches spies, thereby disrupting activities of hostile intelligence services.


Countering espionage is the “oldest” task of most of the world’s security intelligence services. For example, the British Security Service was set up in 1909 (it was then known as the “Secret Service Bureau”) specifically to counter the espionage threat. The FBI was founded in 1908 (it was then known as the “Special Agent Force”) to investigate particular federal crimes, but during World War I was given responsibility for espionage and sabotage.


Most intelligence experts today agree that a state can do away way with countering espionage since the majority of information can come from analyzing open sources of information such as foreign publications, broadcasts, routine diplomatic reporting and newspaper reports.


However, one category of espionage that has not declined but rather expanded is economic espionage. In the competitive global economy, acquiring scientific and technological information for the purpose of gaining an economic advantage has become increasingly important for many countries. Economic espionage is defined as the use of, or facilitation of, illegal, clandestine, coercive or deceptive means by a foreign government or its surrogates to acquire economic intelligence.
Economic espionage can expose the targeted state’s companies to unfair disadvantages, jeopardizing the jobs, competitiveness of the state, and hampering its research and development investment.


Business and governmental representatives generally agree that the cost of economic espionage activities to individual firms and the economies that host them is very expensive. Among the most sought-after information include research and development strategies, manufacturing and marketing plans, and customer lists. Information and technology that has been the target of economic espionage includes trade and pricing information, investment strategy, contract details, supplier lists, planning documents, research and development data, technical drawings and computer data-bases.


Some analysts suggest considering an international effort to ban active economic espionage by way of an international treaty that does for economic spying like what the General Agreement on Tariffs and Trade aims to do for protectionism. The treaty might even actively encourage openness and the sharing of information, the better to promote scientific research, technological breakthroughs, and economic development.


However, in the light of the rise in economic-related crimes, Botswana has to transform its national requirements for security intelligence to reflect this modified threat environment. Economic security is now one of the main priorities of a security intelligence service.
While it’s easy to vilify the government for not allowing certain individuals access to the country, many countries in the world prevent certain foreign visitors, students and delegates suspected of intelligence activities from gaining access to the country. We may not know everything behind immigration choices on certain individuals.


Therefore, notwithstanding the decline in espionage and related activities after the end of the Cold War, countering espionage and sabotage must remain one of the principal tasks in the mandate of a security intelligence service. The service could also keep a careful watch on economic and industrial espionage conducted by other countries and their companies within the state and warn the domestic firms that have been targeted. Defending the state’s economic secrets can reveal interesting facts itself; if a particular country is targeting a specific industry that may indicate something about that country’s economic priorities.


The public, the media and academics need to support Botswana’s intelligence community in the fight against organized crime. There is need to call on government to increase the capacity of the intelligence system to support the development of the state. The intelligence community may fail to attract talent if it is viewed negatively. Botswana should guard against tainting its intelligence and security organ.

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Bangwato regent speaks ‘respect for Dikgosi’

23rd May 2022
Bangwato

Presidential Commission of Inquiry into the Review of the Constitution held a meeting in Serowe this week. The meeting was to accord Bangwato, just like other tribes, a platform to give their opinions, contributions and what they think is the horse power and limitations of the current Constitution of Botswana.

Bangwato Regent, Kgosi Serogola Seretse said, he is of the understanding that the Commission has not come for anything apart from getting their opinions on how things could be made better. His contribution was that he solely knows of only two social positions in the world; Dikgosi and Pastors. He said other positions are just benedictions. He further urged that, Batswana should respect God’s ordained protocols such as Dikgosi and Pastors.

Seretse pointed out the importance of acknowledging and appreciating Dikgosi as nation builders. He cautioned and warned that, the Commission should ensure that their dealing with Dikgosi is harmonious. He called for an amendment to be made on the ‘National Order of Precedence’ noting that Dikgosi are put at number 11, but should at least be taken a little higher to number 7.

One resident, Tshepo Moloi while giving his contribution said there must be provisions of Social Justice that ensure equal distribution of resources to all citizens. He said this provision should entail an obligation that all citizen have equal opportunities to different Government Initiatives. Moloi substantiated that, all ‘Presidential Commissions’ be engraved on the Constitution

Alfred Thogolwane who is as well a resident of the biggest village in the Central District, pointed out the need for preservation of the country and resources thereof, saying “it must dawn onto all that, the calabash that fetches water for the family cannot fixed once its broken.”  Another resident, Keikantsemang Sebedi advocated for Polygamous marriage, saying that men should marry as many wives as they please. She said there is no need for any socioeconomic assessment done on men who wish to marry more than one wife.

She advised that, the country should benchmark from the Zezuru culture that does it, with no complexities. On the other hand, Sebedi said that, there must be considerations done on the Old Age Pension. She said people who earned P4000 should not receive the old Age Pension upon their fullness of age.  Forshia Koloi called for amendments on Section 77 and all the provisions that speaks to the subject of Bogosi and the powers infested in them. He said they should be made more detailed and avoid ambiguity in clauses.

Mr Tlhaodi said there must be Land Audits done in the country. Citing an example of the Tati Land as one that should be thoroughly audited. He further advised that, Election Day be put on the Calendar. He said, if it happens that the day be a Saturday, there should be some special dispensation for the 7th Day Adventist Church members to take part in voting without compromising on their day of worship. Tlhaodi added that there must be People’s Complaint Commission in the country.

Speakers emphasized the need for the country to review the exercise of ‘Political Party Funding’. They articulated that lack of funding political parties’ results in political parties resorting to finding funds for themselves. They reiterated that sometimes going to the extent of getting funds through illegal means. Bangwato agreed in one accord that they want the President be tried whilst in office if suspected of any criminal offences. This was revealed in their contributions. They pointed out that, the law should not to wait until the end of their tenure.

For his part, the Deputy Chairperson of the Commission Johnson Motshwarakgole expressed gratitude to the residents of Serowe. He applauded women for their kindness saying it is only them, who always take responsibility for doing things amicably in the society.

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Parliament unveils major shake-up plans & reforms

23rd May 2022
Parliament

Parliament has revealed that it plans to rollout a Community Score Card (CSC) exercise as part of sweeping reforms to its role and mandate among others.

The planed shakeup, along with the rollout of CSC will see creation of new Parliamentary Portfolio Committees on Health, HIV&AIDS, Education and Skills Development, Trade and Economic Development, Agriculture, Lands and Housing and Local Governance and Social Welfare.
Parliament informed government ministries and departments that the CSC is a participatory, community based monitoring and evaluation tool that enables citizens to assess the quality of public services and interact with services providers to express their concerns.

According to Parliament, the CSC will assist to inform community members about available services and their entitlements and to solicit their opinions about the accessibility and quality of certain services related to the portfolio committees mentioned.  It said the main objective is for Parliament through identified oversight committees is to conduct a participatory monitoring and evaluating process that puts ownership and responsibility for delivery of services in the hands of both the Government and the service recipients.

“Through scorecards developed around identified sectors and services, communities and implementing departments remain in touch with progress made through the programme delivery cycle and are able to respond timely to bottlenecks,” the National Assembly said.  Some of the measurements and expected outcomes for the rolling out of the CSC include among others, improved monitoring and economic evaluation, to determine the impact of spending, so as to be able to direct resources from where they having the least benefit to those projects and programmes where they will have a larger positive impact.

The National Assembly explained further that this could result in a willingness to close down ineffective programmes and institutions and not to implement projects that do not deliver adequate returns, improved productivity in the public services, especially given the substantial pay increases.

The National Assembly believes that the rolling out of CSC is also expected to result in efficiency savings: many public services and programmes could be delivered more effectively at lower costs, by improving management and accountability, and making use of e-services. “This would yield financial savings that could be used for development programmes or reducing the deficit,” the National Assembly said.

The exercise is also expected to result in “Careful scrutiny of subsidy schemes and termination of those that do not address market failure or assist truly needy Batswana.”  The National Assembly revealed that proposed Parliamentary Portfolio Committee on Health and Wellness has been established in accordance with the Standing of National Assembly of Botswana.  It explained that the mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Ministries, Departments and Agencies with portfolio responsibilities in respect of Health and HIV/AIDS.

“There is need to identify reasons for inefficiency and poor outcomes and ensure that health system reform improve productivity and value for money. Key areas of focus for scorecard, availability of drugs, staffing ratios, accessibility of health services, speciality care and services and sexual reproductively health,” the National Assembly said.

Another proposed Committee is on Local Governance and Social Welfare. The mandate of the Committee is mainly to exercise Parliamentary Oversight and Scrutiny over Government Ministries. Departments and Agencies with Portfolio responsibilities in respect of Local Governance and Social Welfare.

“Strategies under NDP 11 to improve outcomes of social uplifment include; diversification of rural economies, development and support of small businesses, provision of social safety nets, eradication of absolute poverty, provision of quality and equitable education and harmonisation of social protection programmes,” said the National Assembly.  It said social nets need to be improved so as to target these most in need (at present some social safety nets benefit many people who are not the most needy, but also miss out some of those who are needy).

“Some social development policies more broadly should also aim to reduce household vulnerability to shocks such as those arising from fluctuations in agriculture, climate change, incomes and employment and improve their ability to handle shocks, thereby building household resilience,” the National Assembly said.

Another Committee established is on Agriculture, Lands and Housing. The mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Institutions, Departments and Agencies with portfolio responsibilities in respect of Agriculture, Lands and Housing.

The National Assembly said the average growth rate of the agricultural sector since the beginning of National Development Plan 11 (NDP11) (i.e. during the 2017/2018 and 2018/19 financial years) was 2.5 percent, making it the slowest growing sector of the economy, in line with its historical performance.

“Over the same period, its share of GDP has been stagnant at around 2 percent. The sector also contributes job opportunities for about 80 000 adults. Food security has become paramount since the onset of the corona virus pandemic,” the National Assembly said.  The National Assembly said the Government realises the need to increase food production for products in which Botswana has a cooperative advantage such as beef, grains and other horticulture products.

The Committee on Finance, Trade and Economic Development has also been established. One of the mandates of Committee would be to exercise Parliamentary oversight and scrutiny over government ministries, departments and agencies with portfolio responsibilities in respect of Finance, Development, Trade and Industry.

“The sector is at the core of industrialisation aspirations and strategies for economic development in Botswana. Manufacturing in particular can be the driver of economic growth through technological improvements and innovation,” the National Assembly said. Hence, it said, the development of the sector could also foster export diversification and export led-growth in Botswana while benefitting from the African Continental Free Trade Area (AFCFTA).

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Salbany, Bareetsi threaten to sue DIS

23rd May 2022
Salbany Bareetsi

Two senior members of Directorate on Corruption and Economic Crime (DCEC) have threatened legal action against Directorate of Intelligence and Security (DIS), it has transpired. The threat is contained in an answering affidavit of Director General of DCEC, Tymon Katlholo in which he is seeking an interdiction from High Court to stop the DIS from accessing investigation files at his office.

After the DIS detained DCEC officials Joao Salbany and Tsholofelo Bareetsi on December 16, 2021, they filed an official complaint against DIS and some officials. They complained about abuse of office by DIS and five officers. Salbany and Bareetsi also complained about unlawful detention by DIS and unlawful dissemination of classified information contrary to Section 44 of Corruption and Economic Crime Act. “The DIS interviews were premised on information divulged during the course of official DCEC work product, that is the Monday media brief meeting,” they wrote.

They further requested leave to institute a civil suit against the DIS and its officers, and invariably the State for inhuman and degrading treatment they suffered and unlawful detention. They also pondered a declaratory seeking a sanction against the DIS and Botswana Police Service (BPS) and clarification of the role of BPS officers seconded to DIS.

“The envisaged suit against BPS and DIS officers and the DIS will inevitably centre on investigations done by the DCEC and the scope of the protection availed to DCEC officers for conduct done in the course and scope of DCEC official duties.” The duo said it was self-evident from the conduct of the DIS officers that there was nothing urgent about the information required by the DIS, justifying their detention at its Sebele facility from 08:30 hours on December 16, 2021 until 02:00 hours on December 17, 2021.

They reasoned that the information required by the DIS could have been obtained by a simple request to DCEC Director General. “What the DIS did was to seek to intimidate officers of the DCEC whom they knew were carrying out investigations against some of the DIS officers who were part of their investigation team. This turn of events has a chilling effect not only on the functioning of the DCEC but also on the official conduct of officers of the DCEC as to how they conduct their official duties.”

They concluded by stating that in the event the request is granted, they would further request to be advised as to the provision of legal representation as the unalwful detention and the degrading and inhuman treatment by the DIS was in relation to matters conducted by and on behalf of the DCEC.

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