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Ministers, Judges, MPs escape jail

Members of Parliament (MPs) for the ruling Botswana Democratic Party (BDP), acting in cahoots with opposing political parties legislators, on Tuesday circumvented the wheels of justice by changing the recently passed law on Declaration of Assets and Liabilities in order to avoid facing imprisonment.

The deadline to have declared was this week on the 20th February 2020 and contravention of the Act attracts a fine of P20 000 or an imprisonment term of two (2) years or both. However, following signal from government top officials, the MPs on Wednesday moved swiftly to amend the law at the 11th hour – two days before deadline as prescribed by the law – to avoid a fine of failure to declare assets. The new amendments have provided a relief not only to MPs but to Judges and other high ranking government officials.

President Mokgweetsi Masisi assented to the law on 22d October 2019 when it commenced into law – a day before the hotly contested 2019 General Elections. The Declaration of Assets and Liabilities Act was brought to parliament in a strange manner and enacted on the 2nd of September 2019. The hurried manner was largely seen as luring voters to elect the ruling BDP by way of rewarding it for having brought the crucial law which has been on the cards since 1999, when it was first tabled in parliament by former Minister of Health, Joy Phumaphi.

When the law finally passed last year, the implementation meant that Ministers, Judges, MP’s and top government officers (at E band and above) are now mandated to declare their assets and failure means defiance of the law. Before amending the law, Section 8 (1) as read with section 7 (5) of the Act, provided that a person subject to the Act shall make a declaration in the prescribed form within 60 days after – a) the coming into operation of this Act; b) his or her appointment or assumption of office or; c) the taking and subscribing before the National Assembly, of an oath of allegiance.

After amending the Act this week, Clause 2 of the Bill was amended by inserting, immediately after section 8 (which provides for when declarations are to be made), a new section; being section 8a) now provides “for an extension of time by the Minister.”The section now provides that “the Minister may, by order, extend the time provided therein (60 days), by any period that he or she considers necessary or expedient, provided that such period of extension shall not exceed twelve months.”

Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng thanked all the MP’s from across the political aisle to having agreed with the amendment and passed the law. “Let me thank you MPs for agreeing with this Bill wholeheartedly. We did this both as the ruling party legislators together with the opposition. We were all in agreement.  Let me also point out that we are doing this in the interest of the whole nation and not for the selected few,” he said this from the floor of Parliament.

Meanwhile, when presenting the Bill, Morwaeng said the Declaration of Assets and Liabilities Act of 2019 was intended to complement existing legislation by regulating declaration of assets and liabilities of MPs, Senior government officials, Judiciary and officers employed by public bodies and private enterprises – “to monitor their assets and liabilities for purposes of detecting corruption, money laundering and acquisition of property from proceeds of crime.”

He was at pains in explaining that although the Act came into effect on the 22nd of October 2019, MPs, Ministers and Judges failed to declare not once but on two occasions.  “The Act came into effect on the 22nd of October 2019. As a result declarations should have been submitted by 22nd of December 2019. But due to ‘administration challenges’ however, the declaration form was only prescribed on the 20th December 2019,” he stated.

He also attributed the breaking of the law to the late prescription of the form and the declaration which only, at the time of presenting this amendments, had about 2 days before the lapse of the declaration period. “Even assuming that 60 days declaration period should be reckoned from the time that the form was prescribed, only about a day is left before the period expires [20th February],” he added. 

Morwaeng justified that though the focus currently is building the necessary administrative capacity to ensure effective implementation of the provisions of the Act, “there exists some level of discomfort among potential declarants that the penalties for the late submission of the declaration could be levied on them”.

BDP and Opposition MP’s show support for the controversial amendments

On his part, UDC legislator for Okavango, Kenny Kapinga told Parliament that he is in full support of the amendments as put forward by the Minister.  “Personally, I don’t think we should be delaying with this issue. All that the Minister is asking for is to be authorised to extend the period as he has prescribed in the proposed amendment. I don’t think there is any reasons to oppose such a proposal. So I stand to support the proposed amendment and think we can minimise the debate on this issue by just passing this thing,” he said.

Mmusi Kgafela, Mochudi West BDP legislator also had this to say, “As MPs we make laws for peace building and harmony and enhance the smooth running of the country. If we don’t give the Minister permission to extend the period of declaration, many of us will be criminals, tomorrow. This will extinguish the peace that has been reigning in the country.” In addition Paulson Majaga who is Nata/Gweta BDP MP also agreed with Morwaeng’s amendments.

“We are the law makers and so it is upon us to pass and review all laws as we see fit. So that whatever law we do, for today and the next generation, and for the nation they must be happy. Law must be carefully passed because they take long to be amended. We have always agreed that there is need for such declared law,” he said. According to another BDP law maker, Ignatius Moswaane, the issue is not about MPs changing the law to benefit them per se.

He explained: “the main reason is, in which I support you Minister, is that this is not intended to benefit only MPs but also others like Judiciary, Ministers and top government officials which they are supposed to declare. But we are looking at the loopholes of the law which is unsettling – to avoid jailing the whole nation. One of them include that some assets include having valued them which may be a challenge for some because of lack of sufficient money. So others must not be jailed because of this even if they have good intentions.”

Moswaane further said that this law was not made for elections as some want to posit. “It was necessary as the nation has been waiting for it for years. It is what Batswana wanted,” he stressed. Meanwhile Leader of Opposition (LOO) and UDC Vice President Dumelang Saleshando also was in agreement with the amendments; “I support the request by the Minister.” He however pointed out his reservations pertaining to the law: ‘‘but I want to just state a few reservations,’’ he said.

“I am not a fan of Bills that come here on urgency. You were appointed Minister early November. You should have anticipated some of these things. Clearly within the Ministry someone slept on the job and now we have to mop up what is essentially a mess not of our doing,” he highlighted. The Maun West MP explained that the law making process in Botswana has a number of safe guards to make sure that MPs do not find themselves in the situation they found themselves in on Tuesday, indicating that, “one of those is that after a Bill has been passed by the house, the President is allowed some time to reflect and consult further before he assents to it.”

He added: “but you know this particular one was one of those laws that were rushed in the race to the General Elections. And it doesn’t surprise us that it was actually only assented to on the 22nd October, a day before elections. There was a rush for the law to assist with campaigns. Now we are here in a mess.” Saleshando said he hopes that in future, they do not take pride in saying that Parliament passed a whole number of Acts in one night and claim that it is good for productivity because if they do that, they will end up in such scenario.

He continued: “One gets the impression that the only difficulty with the law is the looming deadline. I think you [Minister Morwaeng] need to be more open to the public and the nation and let the nation know that there are essentially clauses in the law that require of us to look them again. Nothing to do with the deadline. But because it’s simply not implementable.” The Leader of Opposition further highlighted that if Morwaeng does not state that when he comes back to Parliament, even if its six months later with a set of new proposals to amend, he is going to raise suspicions about the real motive.

“Was it just the deadline? If it was the deadline we got the extension, where is the desire to amend now coming from? So I think it will be better in your response Minister, that you disclose to the nation that it’s much more than the deadline because also that you plan to amend because some of the clauses make it almost impossible for the law to become operational,” he said. 

“I want to state it upfront that when it gets to that point where the law or where you will be presenting the amendments, we, from our side we suggest that the Bill to amend be committed to a Special Select Committee that will engage with the larger public about what should go into the law or [what] should not be part of it.”

For Saleshando, it is critical because to be honest they are an interested party and essentially they are conflicted.  “If you do not want to be seen by the public, which is highly suspicious of politicians about the assets they have and their willingness to disclose, it will be very critical that the amendments be subjected to a Special Select Committee which will consult more broadly on the law,” Saleshando emphasised. 

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BDP unfazed by threat of united opposition 

30th November 2021
BDP unfazed

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.

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Inside Private Security companies firearms proposal to Gov’t

30th November 2021
Private Security Company

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.

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How Ministry Local Gov’t lost control of P3.3 billion for orphans 

30th November 2021
Molale

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.

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