High Court of Botswana has this week ruled that the former Permanent Secretary to the President, Carter Morupisi, and wife Pinny Morupisi have a case to answer in their ongoing corruption and money laundering case.
The court dismissed the “no case to answer” that Morupisi and his wife had brought before the court. At the centre of the court case is a Toyota Land Cruiser costing almost half a million which the State alleges Morupisi bought from proceeds of crime. Morupisi and wife therefore face charges on two counts of corruption, and money laundering, although, they wanted the court to rule that they have no case.
However, Justice Christopher Mokwadi Gabanagae dismissed Morupisi and wife’s “no case to answer” application implying that the Directorate of Public Prosecutions (DPP) has a case with the trio which they are answerable for.
“In conclusion I find that the prosecution has established a prima facie case against the three accused in respect of the charges they are facing,” Gabanagae stated in the ruling. The Judge further explained that, while Morupisi was Chairman, monies from Botswana Public Officers Pension Funds (BPOPF) to Botswana Opportunities Partnerships (BOP) for investment were diverted to an unintended recipient namely Capital Management Botswana (CMB) Fund 1 from which it was laundered by transfers to CMB Fund 1 Rand account, CMB Fund 1 dollar account, and Manor Squad Services (Pty) Ltd.
“Critically that part of the money was used to buy the Toyota Land Cruiser in question if to be believed, an inference can be drawn that Manor Squad Services was used as a vehicle to conceal that the true giver of the valuable consideration was CMB and that the Morupisi actively, participated in the plan for the benefit of R 7 Group Pty (Ltd), wife Pinny and him,” Gabanagae stated.
The High Court Judge continued: “I feel that the State has led evidence to show that the accused persons had reasonable grounds for knowing or suspecting that the property was derived or realised, in whole or in part, directly or indirectly from any confiscation offence. This can be inferred from the way the purported sale agreement was prepared and executed. ”
According to Justice Gabanagae, Morupisi was not only paid from public funds as an employee of the government of Botswana and worked for the government of Botswana as a Director of the Directorate of Public Service Management (DPSM) and subsequently as a PSP, but also he was appointed to the board as an employer trustee by virtue of his employment in the public service.
The Judge said based on the definition of a public officer, he finds that Morupisi was a public officer when he allegedly committed these offences; was a nominee of the employer (Botswana government); and his nomination to the BPOPF was an extension to his duties as a public officer. It is clear that BPOPF is a public body where public monies are used, and Morupisi was a public officer when he was Chairman of the Board, he said.
“I take the view that there is evidence of which a reasonable tribunal of fact might convict of the offences charged on count 1 and 2 (corruption),” Judge emphasised. He added that the prosecution has led a circumstantial evidence from which and inference could be drawn from the purported sale of the Land Cruiser was not legitimate but probably proceeds of crime.
The State submitted that it has led evidence that covered all the essential elements of the offences charged. On the other side however the defence submitted that the court should resolve on the basis of evidence before it whether the key and central and exhibit in this case, the Land Cruiser motor vehicle was bought by Morupisi or it was given to him as a valuable consideration.
The defence submitted that the motor vehicle in question was legitimately bought by Morupisi for the benefit of his wife and company. The defence also submitted that the charges against Morupisi and wife should be dismissed on the basis that the State has failed to show that the accused persons had the necessary mens rea expressly required by this section.
“That Mrs Pinny Morupisi did not know anything about the alleged corruption by her husband. The State further submitted that there is no basis upon which this particular accused person together with R7 Group (Pty) Ltd could have been charged,” the defence stated.
Initially the State wanted to call 33 witnesses to prove its case while the defence admitted 23 witnesses and only 7 witnesses gave viva voce evidence. The State in its discretion did not call 3 witnesses as it considers them not critical to prove its case, and at the close of the State case, the defence made a submission of no case to answer – in respect of all the charges preferred against Morupisi and wife. The State of DPP is represented by Priscilla Israel while Busang Manewe sits in for Morupisi and co accused (wife and, R & Group (Pty) Ltd).
For so many years, Botswana has been trying to be a self-sufficient country that is able to provide its citizens with locally produced food products. Through appropriate collaborations with parastatals such as CEDA, ISPAAD and LEA, government introduced initiatives such as the Horticulture Impact Accelerator Subsidy-IAS and other funding facilities to facilitate horticultural farmers to increase production levels.
Now that COVID-19 took over and disrupted the food value chain across all economies, Botswana government introduced these initiatives to reduce the import bill by enhancing local market and relieve horticultural farmers from loses or impacts associated with the pandemic.
In more concerted efforts to curb these food crises in the country, government extended the ploughing period for the Southern part of Botswana. The extension was due to the late start of rains in the Southern part of the country.
Last week the Ministry of Agriculture extended the ploughing period for the Northern part of the country, mainly because of rains recently experienced in the country. With these decisions taken urgently, government optimizes food security and reliance on local food production.
When pigs fly, Botswana will be able to produce food to feed its people. This is evident by the numbers released by Statistics Botswana on imports recorded in November 2020, on their International Merchandise Trade Statistics for the month under review.
The numbers say Botswana continues to import most of its food from neighbouring South Africa. Not only that, Batswana relies on South Africa to have something to smoke, to drink and even use as machinery.
According to data from Statistics Botswana, the country’s total imports amounted to P6.881 Million. Diamonds contributed to the total imports at 33%, which is equivalent to P2.3 Million. This was followed by food, beverages and tobacco, machinery and electrical equipment which stood at P912 Million and P790 Million respectively.
Most of these commodities were imported from The Southern African Customs Union (SACU). The Union supplied Botswana with imports valued at over P4.8 Million of Botswana’s imports for the month under review (November 2020). The top most imported commodity group from SACU region was food, beverages and tobacco, with a contribution of P864 Million, which is likely to be around 18.1% of the total imports from the region.
Diamonds and fuel, according to these statistics, contributed 16.0%, or P766 Million and 13.5% or P645 Million respectively. Botswana also showed a strong and desperate reliance on neighbouring South Africa for important commodities. Even though the borders between the two countries in order to curb the spread of the COVID-19 virus, government took a decision to open border gates for essential services which included the transportation of commodities such as food.
Imports from South Africa recorded in November 2020 stood at P4.615 Million, which accounted for 67.1% of total imports during the month under review. Still from that country, Botswana bought food, beverages and tobacco worth P844 Million (18.3%), diamonds, machinery and fuel worth P758 Million, P601 Million and P562 Million respectively.
Botswana also imported chemicals and rubber products that made a contribution of 11.7% (P542.2 Million) to total imports from South Africa during the month under review, (November 2020).
The European Union also came to Botswana’s rescue in the previous year. Botswana received imports worth P698.3 Million from the EU, accounting for 10.1% of the total imports during the same month. The major group commodity imported from the EU was diamonds, accounting for 86.9% (P606.6 Million), of imports from the Union. Belgium was the major source of imports from the EU, at 8.9% (P609.1 Million) of total imports during the period under review.
Meanwhile, Minister of Finance and Economic Development Thapelo Matsheka says an improvement in exports and commodity prices will drive growth in Sub-Saharan Africa. Growth in the region is anticipated to recover modestly to 3.2% in 2021. Matsheka said this when delivering the Annual Budget Speech virtually in Gaborone on the 1st of February 2021.
He said implementation of the African Continental Free Trade Area Agreement (AfCFTA), which became operational in January 2021, could reduce the region’s vulnerability to global disruptions, as well as deepen trade and economic integration.
“This could also help boost competition and productivity. Successful implementation of AfCFTA will, of necessity, require Member States to eliminate both tariffs and non-tariff barriers, and generally make it easier to do business and invest across borders.”
Matsheka, who is also a Member of Parliament for Lobatse, an ailing town which houses the struggling biggest meat processing company in the country- Botswana Meat Commission, (BMC), said the Southern African Customs Union (SACU) recognizes the need to prioritize the key processes required for the implementation of the AfCFTA.
“The revised SACU Tariff Offer, which comprises 5,988 product lines with agreed Rules of Origin, representing 77% of the SACU Tariff Book, was submitted to the African Union Commission (AUC) in November 2020. The government is in the process of evaluating the tariff offers of other AfCFTA members prior to ratification, following which Botswana’s participation in AfCFTA will come to effect.”
Women continue to shadow men in politics – stereotypes such as ‘behind every successful man there is a woman’ cast the notion that women cannot lead. The 2019 general election recorded one of Botswana’s worst performances when it comes to women participation in parliamentary democracy with only three women elected to parliament.
Botswana’s former Minister of Health, Professor Sheila Tlou who is currently the Co-Chair, Global HIV Prevention Coalition & Nursing Now and an HIV, Gender & Human Rights Activist is not amused by the status quo. Tlou attributes this dilemma facing women to a number of factors, which she is convinced influence the voting patterns of Batswana when it comes to women politicians.
Professor Tlou plugs the party level voting systems as the first hindrance that blocks women from ascending to power. According to the former Minister of Health, there is inadequate amount of professionalism due to corrupt internal party structures affecting the voters roll and ultimately leading to voter apathy for those who end up struck off the voters rolls under dubious circumstances.
Tlou also stated that women’s campaigns are often clean; whilst men put to play the ‘politics is dirty metaphor using financial muscle to buy voters into voting for them without taking into consideration their abilities and credibility. The biggest hurdle according to Tlou is the fallacy that ‘Women cannot lead’, which is also perpetuated by other women who discourage people from voting for women.
There are numerous factors put on the table when scrutinizing a woman, she can be either too old, or too young, or her marital status can be used against her. An unmarried woman is labelled as a failure and questioned on how she intends on being a leader when she failed to have a home. The list is endless including slut shaming women who have either been through a divorce or on to their second marriages, Tlou observed.
The only way that voters can be emancipated from this mentality according to Tlou is through a robust voter education campaign tailor made to run continuously and not be left to the eve of elections as it is usually done. She further stated that the current crop of women in parliament must show case their abilities and magnify them – this will help make it clear that they too are worthy of votes.
And to women intending to run for office, Tlou encouraged them not to wait for the eleventh hour to show their interest and rather start in community mobilisation projects as early as possible so that the constituents can get to know them and their abilities prior to the election date.
Youthful Botswana National Front (BNF) leader and feminist, Resego Kgosidintsi blames women’s mentality towards one another which emanates from the fact that women have been socialised from a tender age that they cannot be leaders hence they find it difficult to vote for each other.
Kgosidintsi further states that, “Women do not have enough economic resources to stage effective campaigns. They are deemed as the natural care givers and would rather divert their funds towards raising children and building homes over buying campaign materials.”
Meanwhile, Vice President of the Alliance for Progressives (AP), Wynter Mmolotsi agrees that women’s participation in politics in Botswana remains a challenge. To address this Mmolotsi suggested that there should be constituencies reserved for women candidates only so that the outcome regardless of the party should deliver a woman Member of Parliament.
Mmolotsi further suggested that Botswana should ditch the First Past the Post system of election and opt for the proportional representation where contesting parties will dutifully list able women as their representatives in parliament.
On why women do not get elected, Mmolotsi explained that he had heard first hand from voters that they are reluctant to vote for women since they have limited access to them once they have won; unlike their male counterparts who have proven to be available night or day.
The pre-historic awarding of gender roles relegating women to be pregnant and barefoot at home and the man to be out there fending for the family has disadvantaged women in political and other professional careers.