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Botswana Parliament Okays Financial Intelligence Bill

The National Assembly recently passed the Financial Intelligence Bill, 2021 (Bill No. 34 of 2021) during an Emergency Parliament Meeting. The Bill was first published on 23rd December, 2021 by the Minister of Finance and Economic Development, Honourable Peggy Serame.

The Act aims to re-enact with amendments the Financial Intelligence Act; to continue the establishment of the Financial Intelligence Agency and to re-constitute the National Financial Intelligence Coordinating Committee as a high level committee; to provide for third parties to perform certain customer due diligence measures on behalf of specified parties; to enable the Financial Intelligence Agency to initiate an analysis of information based on information in its on possession or information received from other sources to establish a suspicious transaction, and for matters connected therewith and incidental thereto. The Financial Intelligence Bill has eight parts with a total of 63 clauses.

Serame highlighted that these laws are drawn because they are in line with international agreements the country has signed upon. Although implementation of the laws passed in parliament is a still a challenge. She urged public institutions to introspect if there are grievances within the community and deal with them. Emphasising that the perceptions people have about public servants and institutions are often based on a certain form of truth.

By way of background; the Financial Action Task Force (FATF) has 40 Recommendations which countries have to comply with in order to tackle money laundering, terrorist financing and the financing proliferation.

During 2017 assessment; Botswana was found to have serious strategic deficiencies in her anti money laundering and combating the financing of terrorism and proliferation framework. No recommendation was rated Compliant, 23 of the recommendations were non-compliant resulting in the country being grey listed by the FATF in 2018 and blacklisted by the European Union in 2020.

The country went right ahead into remedial actions towards being removed from the grey list, passing 25 pieces of legislation in 2018 and a further six in 2019. Resulting in the country being removed from the grey list in October 2021.

To address the deficiencies identified during assessments carried out by the Eastern and Southern Africa Anti Money Laundering Group (ESAAMLG) and Financial Action Task Force (FATF). There was a proposal to overhaul the Financial Intelligence Act and consequential amendments to several other laws.

The amendments of these laws aim to strengthen the Anti-Money laundering, countering Financing of Terrorism and proliferation efforts in Botswana and will also put the country in a good position during the next Mutual Evaluation in 2024.

In her presentation Peggy Serame enunciated that; the procedure at ESAAMLG is that after a country has amended its legislation, they are allowed to request for rerating of FATF Recommendations that are still rated Non-Compliant and partially compliant.

Adding that the request for re-rating has to be made at least six months in advance of the ESAAMLG Task Force Plenary meetings. This means for Botswana, the request for re-rating can only be considered during the September meeting of ESAAMLG. In its request for re-rating, the country has to submit all other information supporting the request for re-rating to the ESAAMLG Secretariat.

This supporting information refers to relevant laws, regulations or other AML/CFT/CFP measures that are in force and effect. It is crucial that the FI Bill and others are enacted expeditiously for the country to submit a request for re-rating in February 2022.

Member of Parliament for Selibe Phikwe West, Dithapelo Keorapetse has expressed concern over the Financial Intelligence Bill stating that; the discussion of this bill is relevant to what we are trying to do in prevention of financial and economic crimes, that is physical and revenue crimes. However; if virtual assets have value and can be digitally traded; it means that physical and revenue crimes can be committed using cryptocurrencies.

ESAAMLAG and FATF are very clear that money laundering and terrorist financing exist with the purview of virtual assets. What needs to happen is public education surrounding virtual assets and the risks that come with them. Research ought to be done on the implications surrounding virtual assets, this in turn will help guide in drawing laws and regulations. Without established regulation and oversight, the virtual assets space will become the wild west of the financial industry.

The re-enactment of the Financial Intelligence Act has caused consequential amendments to 13 other pieces of legislation which have already caused an uproar in the country, these are; Companies Act, Trust Property Control Act, Counter Terrorism Act, Criminal procedure and Evidence Act, Criminal Procedure and Evidence Act, Extradition Act, Mutual Assistance in Criminal Matters Act, Biological and Toxin Weapons (Prohibition) Act, Nuclear Weapons (Prohibition) Act, Precious and Semi-Precious Stones (Protection) Act and the Real estate Professionals Act.

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BODANSA strikes gold with a handsome P45K windfall from Turnstar Holdings

27th February 2024

The Botswana DanceSport Association (BODANSA) has been graced with a financial boon of P45,000 courtesy of Turnstar Holdings. This generous endowment is earmarked for the illustrious Botswana International Dance Sport Grand Prix Championships, which are scheduled to animate Gaborone from Friday to Saturday.

At a media engagement held early today, BODANSA’s Marketing Maestro, Tiro Ntwayagae, shared that Turnstar Holdings Limited has bestowed a gift of P45,000 towards the grand spectacle.

“We are thrilled to announce that this backing will enable us to orchestrate a cultural soirée at the Game City Marque locale, a night brimming with cultural fervor set for March 1, 2024, from 6pm to the stroke of midnight.

This enchanting space will also serve as the battleground for the preliminaries of traditional dance ensembles—spanning the rhythmically rich Setapa to the euphoric beats of Sebirwa, the spirited Seperu, the heavenly Hosana, and more—in a competition folded into the Traditional Dance Groups Category. The ensemble that dances into the judges’ hearts will clinch a grand prize of P10,000,” elaborated Ntwayagae.

He further illuminated that the cultural eve would not only celebrate traditional melodies but also the fresh beats of contemporary dance variants including Hip Hop, Sbujwa, Amapiano, among others, in a dazzling display of modern dance mastery.

Moreover, these championships carry the prestigious recognition by the World DanceSport Federation as a qualifying round for the Breakdance category for the Paris 2024 Olympics. “This is a monumental opportunity for athletes to leap towards their Olympic dreams during one of the penultimate qualifiers,” underscored Ntwayagae.

Looking ahead to March 2, 2024, the festivities will propel into the University of Botswana Indoor Sports Arena for the championship’s climactic showdowns encompassing Breakdance, Latin, and Ballroom Dancing.

 

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Government of Botswana yet to sign, ratify the UN-CRPD

26th February 2024

In Botswana, a beacon of democracy in Africa, the right to participate in the political discourse is a cornerstone of its societal structure. It’s an avenue through which citizens shape the rules and systems that govern their everyday lives. Despite this, recent studies indicate that Individuals with Disabilities (IWDs) are notably absent from political dialogues and face substantial hurdles in exercising their democratic freedoms.

Research within the nation has uncovered that IWDs encounter difficulties in engaging fully with the political process, with a pronounced gap in activities beyond mere voting. The call for environments that are both accessible and welcoming to IWDs is loud, with one participant, who has a physical disability, spotlighting the absence of ramps at voting venues and the dire need for enhanced support to facilitate equitable involvement in the electoral process.

The challenges highlighted by the study participants pinpoint the structural and social obstacles that deter IWDs from participating wholly in democracy. The inaccessibility of voting facilities and the lack of special accommodations for people with disabilities are critical barriers. Those with more significant or intellectual disabilities face even steeper challenges, often feeling marginalized and detached from political engagement.

To surmount these obstacles, there is an urgent appeal for Botswana to stride towards more inclusive and accessible political stages for IWDs. This necessitates a committed effort from both the government and relevant entities to enforce laws and policies that protect the rights of IWDs to partake in the political framework. Enhancing awareness and understanding of the political landscape among IWDs, alongside integrating inclusive practices within political entities and governmental bodies, is crucial.

By dismantling these barriers and nurturing an inclusive political environment, Botswana can live up to its democratic ideals, ensuring every citizen, regardless of ability, can have a substantive stake in the country’s political future.

 

 

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People with Disabilities Face Barriers to Political Participation in Botswana

23rd February 2024

Individuals challenged by disabilities encounter formidable obstacles when endeavoring to partake in political processes within the context of Botswana. Political involvement, a cornerstone of democratic governance, empowers citizens to shape the legislative landscape that impacts their daily existence. Despite Botswana’s reputation for upholding democratic ideals, recent insights unveil a troubling reality – those with disabilities find themselves marginalized in the realm of politics, contending with substantial barriers obstructing the exercise of their democratic liberties.

A recent inquiry in Botswana unveiled a panorama where individuals with disabilities confront hurdles in navigating the political arena, their involvement often restricted to the basic act of voting. Voices emerged from the study, underscoring the critical necessity of fostering environments that are accessible and welcoming, affording individuals with disabilities the active engagement they rightfully deserve in political processes. Noteworthy was the account of a participant grappling with physical impairments, shedding light on the glaring absence of ramps at polling stations and the urgent call for enhanced support mechanisms to ensure an equitable electoral participation.

The echoes reverberating from these narratives serve as poignant reminders of the entrenched obstacles impeding the full integration of individuals with disabilities into the democratic tapestry. The inaccessibility of polling stations and the glaring absence of provisions tailored to the needs of persons with disabilities loom large as formidable barricades to their political engagement. Particularly pronounced is the plight of those grappling with severe impairments and intellectual challenges, who face even steeper hurdles in seizing political participation opportunities, often grappling with feelings of isolation and exclusion from the political discourse.

Calls for decisive action cascade forth, urging the establishment of more inclusive and accessible political ecosystems that embrace individuals with disabilities in Botswana. Government bodies and concerned stakeholders are urged to prioritize the enactment of laws and policies designed to safeguard the political rights of individuals with disabilities. Furthermore, initiatives geared towards enhancing awareness and education on political processes and rights for this segment of society must be spearheaded, alongside the adoption of inclusive measures within political institutions and party structures.

By dismantling these barriers and nurturing a political landscape that is truly inclusive, Botswana can earnestly uphold its democratic ethos and afford every citizen, including those with disabilities, a substantive opportunity to partake in the political fabric of the nation.

 

 

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