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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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Details emerge in suspected Batswana poachers in Namibia

28th June 2022
suspected Motswana poacher arrested

New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.

The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.

It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong.  According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.

Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.

“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.

According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”

He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.

“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.

Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.

“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.

Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.

“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.

Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”

He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.

He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”

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Gov’t, Unions clash over accommodation

28th June 2022
accomodation

The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.

This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.

A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”

“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.

“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.

According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.

The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.

The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation.
The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).

Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.

The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.

“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”

The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”

“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.

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BPF NEC probes Serowe squabbles

28th June 2022
BPF

Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.

In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.

Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.

BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.

As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.

“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.

Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.

“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.

This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.

“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.

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