Opposition parties in Francistown region may cash in on the infighting between aggrieved Botswana Democratic Party members, if the matter is not addressed promptly. 

Member of Central Committee (MCC) Shaw Kgathi was unceremoniously forced to abandon a meeting recently which he had been sent by the party leadership to give the recent Bulela Ditswe winners at Francistown South a go ahead to start their 2019 general elections campaigns.

 But his mission was interrupted by furious members who forced him to go back to party headquarters to start afresh by resolving the previous primary election protests which were never addressed. 

So serious is the matter that some BDP members interviewed on condition of anonymity said the party is likely to lose the Francistown city constituencies in the coming general elections as those disgruntled will most likely sabotage BDP and hand over the two constituencies to the opposition.

Francistown Regional chairperson Badumetse Medupi does not agree with the current stance taken by some democrats. He told Botswana Guardian that there is a difference between party policy and self-interest. 

Medupi is greatly, disturbed by the current developments sayinmg there is an existing party policy regarding membership registration which those gunning for primary elections tend to deliberately ignore to serve their own personal interests. 

“At BDP voter registration books are handled by the party structures who make it a point that members are registered ahead of any general elections or on any ordinary day they would prefer to do so. This clearly reflects that those interested in contesting for any political positions are in the dark about the party policy since they are only driving their self-interests,” Medupi said.

He said candidates must focus on recruiting members of their side instead of castigating the party concerning membership registrations which has a specific department to handle. 

One year after Botswana established diplomatic relations with the State of Palestine, Botswana Guardian reporter Ernest Moloi asks Botswana’s Permanent Representative to the United Nations, Ambassador Charles Ntwaagae what progress has been observed in the protracted Israeli/Palestine internecine conflict.

Botswana Guardian: Do we see the (Israeli/Palestine) conflict as a humanitarian/human rights or peace and security issue; and in all these categories, what is our foreign policy posture regarding the Peoples of Palestine?

Ambassador Charles Ntwaagae: 

Botswana remains resolute in its support for the Palestinian people in their quest to realize their inalienable right to self determination and the pursuit of freedom, peace, dignity and stable existence. It is in light of this that Botswana, as a gesture of continued support and solidarity, established diplomatic relations with the State of Palestine on 08 March 2017. 

While we welcome ongoing efforts by the “Middle East Quartet” (United States, European Union, Russia, and United Nations), which continues to work tirelessly to find a lasting solution to the Middle East situation; Botswana regrets that in 2018, Palestinians still live in the face of an unrelenting human tragedy of multiple conflicts and fragile environment.

The Government of Botswana remains steadfast in her support for the International community’s efforts to resolve the Conflict in the Middle East, peacefully and amicably. We are still of the belief that, there is room for both Israel and Palestine to co-exist as good friendly neighbours. 

The conflict is among the world’s oldest and most protracted. The conflict is multifaceted and has historical, religious, cultural, legal, political and economic dimensions. It would therefore be naive to view the conflict exclusively from the perspective of humanitarian, human rights, peace and security dimensions only. 

This explains why the conflict remains one of the world’s oldest and most protracted, which inevitably received and continues to receive wide coverage by the international press. The point is that both Israelis and Palestinians have human rights which have to be respected by both sides to the conflict. Humanitarian issues relate to the welfare of the estimated 6 million Palestine refugees. In this respect, Botswana supports the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). The protracted Israeli-Palestinian conflict remains a threat to international peace and security. Hence, continued international efforts to resolve this old conflict. Botswana as a Member of the United Nations supports these ongoing international efforts to find a durable solution to the conflict through relevant United Nations Security Council and General Assembly Resolutions. 

BG: What is Botswana’s Position regarding the Two-State solution? How has America’s (Donald Trump) recognition of Jerusalem as the capital of Israel aided or abetted the conflict between the Palestinians and Israelites?

CN: Botswana is committed to Multilateralism and to the multilateral system that underpins it. It is therefore important to note that the position of Botswana on the question of Palestine is firmly rooted on principles of international law, specifically the various Resolutions adopted by the United Nations General Assembly and Security Council on the Question of Palestine. In line with these Resolutions, the future of the City of Jerusalem is among those that have been designated in the peace negotiations as “final status issues”, still to be negotiated and agreed between Israel and Palestine.

It is in the light of this that Botswana views the recently announced decision by the US Government to recognise Jerusalem as the capital of Israel as an unduly pre-emptive move, which also has the potential to undermine the  integrity of the Two-State solution, as well as compromising the United States’ impartiality in the peace talks.

Botswana supports the two-State solution, which is considered by the international community as the only way to ensure a durable solution to the Israeli-Palestinian conflict. The two-State solution underlines a negotiated settlement by Israelis and Palestinians. It entails having two sovereign States – the State of Israel and the State of Palestine living peacefully side by side. 

BG: Who are the original occupiers of Palestine/alternatively what are the internationally-defined boundaries of the land originally known as Palestine? How did Israel come into being in the Middle East?

CN: Botswana as a Member of the United Nations is largely guided by principles of international law with respect to questions of territorial disputes of other sovereign States.

In this instance, it would be recalled that, the Assembly Resolution 181 (1947) (Partition Plan) adopted the plan to partition the British Mandate of Palestine into Two States, one Arab and one Jewish, with Jerusalem placed under a special international regime, and is still recognised and regarded by the UN as applicable. 

Furthermore, the 1949 Armistice signed by Israel and Arab States as well as Resolutions 242 (1967) and 338 (1973) are internationally recognised as a basis for the legitimate call for Israel to withdraw its armed forces from territories it occupied.

The aforestated Resolutions provide the broad historical context of this dispute. 

BG: Do you suppose the United Nations Organisation has any locus standi to resolve this conflict, given that it is an interested party by virtue of demarcating the 1947 boundaries that created the state of Israel?

CN: Yes, the United Nations has locus standi to resolve this conflict. As the only multilateral organisation with near universal membership, the UN is enjoined by its Charter to find global solutions to global problems and challenges. 

Action by the UN is premised on relevant Security Council and General Assembly Resolutions.  As far back as 1948, by Resolution 54(1948), the United Nations Security Council determined that the situation in Palestine was a threat to international peace and security and consequently ordered cessation of hostilities.  Since then, the United Nations has remained actively engaged in efforts to resolve the conflict.

In these efforts, the United Nations has enlisted the support of other players, including the neighbouring countries, the Arab League and the Middle East Quartet (the UN, US, Russia and EU).  It has to be appreciated that both Israel and Palestine need a third party to assist them to amicably resolve this conflict, which makes the involvement of the UN imperative, on account of its universal membership, international legitimacy and moral authority, as well as primary responsibility for maintenance of international peace and security. 

BG: How has the Israel/Palestine conflict affected bilateral & multilateral trade and other fraternal relations between Botswana and Israel and Botswana and Palestine?

CN: The Israeli-Palestinian conflict has not had any adverse effect on bilateral relations, either between Botswana and Israel or between Botswana and Palestine, or both. Botswana has otherwise maintained a balanced approach to its relations with both Israel and Palestine and enjoys cordial relations with both of them. 

The Government of Botswana and the State of Israel have maintained close relations based on mutual respect and understanding. The two countries established formal diplomatic relations in 1993, following the latter’s signing of a peace accord with the then Palestinian Liberation Organisation that same year. Furthermore, the two countries established economic and technical cooperation in a number of fields, including agriculture, health, water resource management, human resource development and education. Batswana have in the past taken advantage of scholarships administered by the Israeli Centre for International Cooperation, MASHAV, which is responsible for the design, coordination and implementation of Israel’s development cooperation programmes. 

As a demonstration of our continued support and solidarity with the Palestinian people, Botswana established diplomatic relations with the State of Palestine in March 2017. We remain resolute in our support for the Palestinian people in their quest to realise their inalienable right to self determination.

BG: What has been the position of the African Union and the Arab League on this conflict and do you suppose multilateral diplomacy can ever resolve this dispute?

CN: The quest to find a just and lasting resolution of the Israeli/Palestinian conflict enjoys overwhelming support from the international community, including the Arab world, African Union, Asia and European Union. The Arab league has been at the forefront of the efforts to find a lasting solution to the Israel - Palestine conflict. In its support for Palestine, the Council of the League of Arab States adopted in 2002, an “Arab Peace Initiative” calling for full Israeli withdrawal from all the Arab territories occupied since June 1967, and Israel’s acceptance of an independent Palestinian state, with East Jerusalem as its capital, in return for the establishment of normal relations in the context of a comprehensive peace with Israel.

The question of Palestine is a standing agenda item of the Summit of the African Union and every such Summit issues statements of support and solidarity with the Palestinian people. For example, at the last Ordinary Session of the African Union Summit, held in Ethiopia in January 2018, the African Union reiterated its support to the Palestinian position in its vision of a final solution to the conflict based on the principle of a Two-State solution and the full withdrawal by Israel from the occupied Palestinian and Arab territories.    

BG: As Botswana’s representative at the United Nations what role do you suppose Botswana’s much-vaunted peace credentials can play in the resolution of an impasse of such large scale and magnitude? And have you at any time proposed any resolution to the structures of the UNO?

CN:  The fact that Botswana enjoys a fairly good reputation internationally as one of the Africa’s most politically stable countries, and also a champion of democracy, good governance, respect for the rule of law and human rights, provides the country with the moral ground to leverage peaceful resolution of this conflict. 

To this end, Botswana uses every available opportunity at the United Nations (and also at other fora such as the African Union and Commonwealth) to reiterate its unequivocal support for the Two State Solution with the Israeli and the Palestine living side by side, in peace and security. 

The Israeli/Palestinian issue is consistently reflected in the statements Botswana delivers during the annual Sessions of the UN General Assembly.

In addition, the United Nations Security Council conducts quarterly Open Debates on the Middle East Question, with particular focus on Palestine and Botswana consistently delivers statements of support to the Two State Solution during these meetings. 

The delegation also lends support to Resolutions that support the humanitarian and human rights situation of the people of Palestine in different fora of the General Assembly. 

Botswana also always issues a “Message of Solidarity with the Palestinian People”, during commemoration of the International Day of Solidarity with the Palestinian People which takes place on 29 November of every year. 

Gaborone high court Judge, Tshepo Motswagole has reserved judgement to August 3, 2018 in the case in which MultiChoice Botswana (MCB) is suing Botswana Communications Regulatory Authority (BOCRA) from implementing its enforcement guidelines against them. 

At the centre of controversy is Section 90 of the BOCRA Act which requires all the licensed service providers to submit their intended tariffs to BOCRA for approval.  MCB first brought the matter to court last October on urgent application to interdict BOCRA from implementing its enforcement guidelines against them until the matter has been heard and the court has pronounced its final judgement. MCB argued that it is impossible for them to provide such tariffs because they do not provide such services, instead such services are provided by MultiChoice Africa. The current dispute started last year when BOCRA granted MCB a Subscription Management Services licence which included Clause 13, which requires MultiChoice Botswana to amongst other things, submit to BOCRA in writing, a proposal in respect of subscription fees it intends to apply. 

MCB argues that clause 13 is unlawful as it is BOCRA’s attempt to regulate a foreign company which owns the DStv service through MCB. DStv is owned by MultiChoice Africa. 

This is not the first time the two square up in court. The last time MultiChoice Botswana and BOCRA’s predecessor, National Broadcasting Board (NBB) had a go at each other in court was in 2007. The dispute went all the way to the Court of Appeal and culminated in the repeal of the Broadcasting Act only to be replaced by the Communications Regulatory Authority Act, in an attempt to regulate players such as MultiChoice, which at the time was the only player in that arena.   

Once again the current dispute essentially revolves around the extent to which BOCRA can impose certain licensing conditions on MCB. The latter is represented by Advocate Wim Trengove SC with junior Counsel Isabel Goodman through local lawyer Sipho Ziga of Armstrongs Attorneys. 

BOCRA have brought Advocate Adrian Botha SC with Tsholofelo Mvungama of Collins Newman & Company.  When asked by a judge Motswagole whether MCB can provide support services to a company which is not licensed to broadcast in Botswana, Adv.Trengove said MultiChoice Africa does not need to register with BOCRA because the Communications Regulatory Authority Act operates within the borders of Botswana. 

Advocate Botha SC then took judge Motswagole through the role of BOCRA which he said includes but not limited to, section 6(2) of the current Act, which is to “protect and promote the interests of consumers, purchasers and other users of the devices in the regulated sectors, particularly in respect of the prices charged for, and the availability, quality and variety of services and products, and where appropriate the variety of services and products offered throughout Botswana...”

Botha who reminded judge Motswagole that MultiChoice Africa is avoiding regulation because, of its own volition and under oath, MCA’s position is that it cannot submit to BOCRA’s regulatory jurisdiction and risk other African regulators following suit. If MC Africa is forced to submit to regulation in Botswana, it may have to evaluate its relationship with MCB or the provision of the DStv service to subscribers in Botswana, in order to preserve its commercial viability.

It would appear that this case is very important to BOCRA and how it sinks its teeth with all players, including the new Kwese TV, regarding how they conduct themselves in the market place. It is definitely a public interest case. The judgment was reserved to 3 August 2018 at 0900am.

Botswana Congress Party (BCP) leadership finds itself between a rock and hard place over its swap of constituencies with the Botswana Movement for Democracy (BMD).

In its effort to find a constituency for its President Dumelang Saleshando who also serves as Umbrella for Democratic Change (UDC) Vice President, BCP has approached its colleagues in the UDC, BMD to swap constituencies. BCP had proposed that it be given Maun West in exchange for Nata-Gweta which is one of BCP’s 17 constituencies. 

According to a letter seen by this publication written to BCP by BMD Secretary General Gilbert Mangole, BMD is not interested in Nata-Gweta. Mangole indicated in a letter dated April 6th 2018 that they can only accede to the exchange request if they get Francistown West.

“Some time ago your party’s Vice President and National Chairperson approached the leadership of BMD with the request to exchange Maun West for Nat/Gweta Constituency. About two weeks ago BMD leadership informed your National Chairperson that regrettably the BMD was unable to accept Nata/Gweta and could be happy to exchange Maun West for Francistown West. Your party National Chairperson undertook to place the matter before BCP executive for a decision,” wrote Mangole to the BCP.

BCP is said to be failing to reach a decision on the matter, as some believe Francistown West is winnable under the BCP. The party is said to have made inroads and some candidates have been identified. It is alleged that veteran politician Vain Mamela was requested by some to relocate to Francistown West. Another BCP member who has been lured to the constituency is BCP 2014 Parliamentary candidate for Tati East Maria Kusasa. 

Kusasa was lured after the BCP decided to give Tati East to Botswana Peoples Party (BPP) another contracting partner in the UDC. While some believe the Francistown West is a fair deal some argue that the BCP has credible candidates in Mamela and Kusasa to win the constituency. Kusasa was allegedly convinced by former Francistown West MP Dr Habaudi Hubona to relocate. Dr Hubona is allegedly not contesting for the coming elections.

The division within the BCP could find the party back at square one in its bid to find Saleshando a constituency. The BCP leader is said to have expressed interest specifically in Maun West and Councillors in that constituency have also expressed that they would be more than pleased to have Saleshando as their candidate for 2019. Failure by the BCP factions to deal with the matter in time could cost Saleshando the constituency where he is believed to stand a better chance due to his family and business ties in Maun. 

The BMD has announced that on the 5th of next month it would hold primary elections in all its 14 constituencies Maun West included. BMD allegedly wants Francistown West for BPP to field its President Motlatsi Molapisi following their bilateral meeting in Francistown early this year.

BCP Information and Publicity Secretary Dithapelo Keorapetse said the party is not divided on any issue. He revealed that as the BCP Central Committee they are meeting on Thursday (yesterday). “If the letter is there then it would be presented to the committee and we would take it from there after our deliberations on the letter,” he said.

Last week, BCP Vice President Dr Kesitegile Gobotswang released a statement that they could not trade Francistown West because dynamics at the constituency have changed. He said they looked at the issue of gender balance and that Mamela had initially relocated from the constituency for the benefit of the UDC project and moving him again would not be fair on him. This has however been seen by others as just a factional stance as the party is yet to meet on the matter. 

It is now public knowledge that factional wars exist within the BCP, as those who already have constituencies are not prepared to let go of them. It is alleged Ditimamolelo- a group of BCP activists who are engaged in a fight to protect Saleshando post 2014 general elections is now in control of most of the BCP constituencies and are not willing to give way for the party president. Ditimamolelo was first made known to the public in November 2014 during a public rally in Old Naledi where they vowed to defend the party and its leader against any attack by other political parties following the BCP’s dismal performance in the 2014 polls.

BMD survived being kicked out of the UDC at the February UDC congress. Some of those who called for removal of BMD within the UDC are said to have done so due to their interests in certain constituencies assigned to the BMD. It has been argued that the BMD is no longer trusted to deliver some of its constituencies it has been assigned to manage on behalf of the UDC. BMD has lost many members to other political parties but more people left the party to the newly formed Alliance for Progressives (AP).

Says his former Acting PS, Dr. Obakeng is “not honest”

I was never involved in the fund (NPF) because it was run by the PS

Billions of Pula might have been illegally siphoned out of National Petroleum Fund (NPF) given the way things are done, says former minister at Mineral Resources, Green Technology and Energy Security, Advocate Sadique Kebonang.

Advocate Kebonang made the revelations this week during Parliamentary Public Accounts Committee (PAC) probe on the NPF. The former minister stated that the history of the NPF Fund Order shows that it has never been properly followed. Advocate Kebonang stated that funds from the NPF could have been lost even before he joined the ministry in October 2016. 

The Lobatse Member of Parliament took a swipe at former Acting Permanent Secretary in the Ministry Dr. Obolokile Obakeng for failing the ministry. He indicated that Dr Obakeng has failed the NPF, as he did not hold any meetings as the chairman of the NPF Management Committee. 

He said the PS did not ensure that as per the Fund Order the management was constituted by the right people. He was answering a question from PAC member Ndaba Gaolathe who is also MP for Gaborone Bonnington South. The MP wanted to know if “billions or let us say P1 billion or P2 billion could have been leaked out of the Fund because the Fund has been porous”.

Gaolathe also wanted to know how this could have been the case if Advocate Kebonang was a hands-on minister as he had earlier claimed to have been. It was also revealed at the hearing that there are no guidelines on how funds should be disbursed from the NPF.

“The problem with Government is that when you ask questions and start sniffing around as minister, people start saying you are corrupt. They would say you want to give confidential information to a third party. That is the problem with our public service. The NPF Management Committee has been dysfunctional. 

“I never met the committee which at the time of my arrival at the ministry I suppose was there because I was never asked to appoint the committee. I think things got out of hand because the committee failed to advise the fund managers. I have never been involved in the NPF management, people are shifting blame,” said Advocate Kebonang.

The former minister dismissed evidence by Dr Obakeng that he (minister) put him under pressure to agree to the variation of the P230 million given to Directorate of Intelligence and Security Services (DIS). Dr Obakeng told the committee that he acceded to the request by DIS because the minister put him under pressure and was afraid of losing his job and concerned about the security threat of the country as stated in the letter from DIS.

“When the letter from DIS asking for variation arrived, I was out of office. My secretary called me and informed me that I have a letter from DIS and is very urgent. I asked her to open it and read it to me. I told her to take it to the PS. I asked the PS about his thoughts on the request, he agreed that there is nothing wrong and said he would get on it. I only learnt later that even such a letter was addressed to the PS and not me. 

“I had no reason to second guess the request by DIS because DIS is another government department which deals with security matters and what they do with the money is up to them. Whether they followed proper procurement process or not is for them to answer. I also did not find it wrong to agree to the variation of the funds because at that time the funds were already with the DIS,” he said adding the statement by Dr. Obakeng is unfortunately false. 

He said he was never involved in the fund because it was run by the PS who was responsible for appointing the fund managers Basis Point in October 2015 a time which he (Kebonang) was still at Ministry of Trade and Industry.

To support his arguments against his former PS Advocate Kebonang produced letters and minutes which he said the PS failed to produce to the PAC because he is not honest. “People come here, say they are under duress and hide information from you. Some of the things that were said here are outrageous. 

“According to minutes of the committee they last met on 8th November 2016 and was mainly constituted by officials from Energy Affairs Department. The Fund Order indicates that the committee should have officials from my ministry, ministry of finance and a bank Managing Director. 

“One other thing I have to highlight is that according to the minutes of the committee of March 9th 2016 it was agreed that the fund managers in terms of investment should target Choppies Store, Wilderness Safaris, insurance companies and properties. I do not know if any investment has been made in that regard. If you do not have the right person to be in charge of the fund money would be lost. I was never briefed on the investment.”

The MP stated that according to the Fund Order the PS has to manage the NPF but says nothing about qualifications. He said this position might need someone with the necessary skills and knowledge. He further explained that Dr. Obakeng was involved in many boards of parastatals and at most instances during briefing of (minister) he would be briefed by directors because the PS would not be available. 

He said in various correspondences between them there is no mention of the minister but just between the PS, DIS Director General Isaac Kgosi and Khulacho Pty Ltd Managing Director Bakang Seretse. He said Dr Obakeng, Seretse and Kenneth Kerekang went on benchmarking trip but as the minister he was never told the details because half the time he was never briefed. 

He said DIS has indicated that it is in consultation with Finance Ministry to reimburse the funds transferred to DIS through Khulacho following a directive by Cabinet that the P230 million be returned as per the resolution of the meeting of February 7th 2018. DIS boss Isaac Kgosi is expected to appear before the PAC next week.

Botswana has been challenged to embrace adaptation to climate change, given its environmental social and economic circumstances.

Speaking at the Inter-Governmental Panel on Climate Change (IPCC) meeting for authors, Professor Thelma Krug Inter-Governmental Panel on Climate Change (IPCC) vice-chairperson told over 100 international scientists gathered in Gaborone this week that Botswana is prone to climate change due to its fragile environments and semi-aridity.

“Botswana is highly vulnerable to climate change particularly agriculture or livestock, woodlands and forest, water and health,” said Professor Krug at the 4th Lead Author session of the IPCC. She said climate change is likely to add to existing stresses for Botswana causing significant changes in prevalent vegetation and rangeland cover, affecting species types, composition and distribution, as well as those depending on them. “Adaptation to climate change in Botswana is vital given the environmental, social and economic circumstances,” said Professor Krug.

In the Southern Africa region, Botswana is one of the countries affected by loss of livestock under prolonged drought conditions given its extensive rangeland, making it difficult to provide adequate provision of water for livestock production.

Slumber Tsogwane, Botswana’s vice president said the nation needs to effectively respond to the negative effects of climate change. “Botswana is located in a region where the rate of warming exceeds that of the global average.

“The vulnerability of the country to the adverse effects of climate change needs to be better understood, as well as its implications on environmental and socio-economic sectors such as health, water, tourism, infrastructure, agriculture and overall development,” said Tsogwane.

Botswana government has decided to resuscitate the P500 million-credit facility extended to Zimbabwe’s Short Term Emergence Recovery Programme (STERP) in 2009.

This was revealed by Minister of International Affairs and Cooperation, Vincent Seretse this week. Seretse stated that former President Ian Khama expressed the commitment of Botswana Government to resuscitate the credit line.“We had signed on our side but Zimbabwe could not sign because of the challenges that they were facing. When President Emmerson Mnangagwa visited Botswana he made enquiry about it. The then President Khama promised that it would be dealt with and as we speak relevant ministries are busy with it. 

“We are hopeful that in few months’ time everything would be concluded,” said Seretse who was appointed to head the foreign affairs ministry last week. He stated that the draft agreement was submitted to Zimbabwe in April 2011. 

Botswana government would provide a partial guarantee for the lines of credit while Zimbabwe would provide a counter guarantee and indemnity to Botswana for the risk or exposure. In addition, the Export Credit Insurance Company Botswana (BECI) will enter into subsidiary finance guarantee agreements with participating local banks. 

The two countries have reached an agreement that 70 percent of the resources will go towards the manufacturing sector while the remaining 30 percent will go towards other sectors. The Bilateral Investment Promotion and Protection Agreement (BIPPA) was signed in March after the two governments recognised opportunities for increased investment in the two countries and a need to conclude the agreement in the shortest possible time.Seretse who was addressing the media at his office in Gaborone on Wednesday this week said Zimbabwe’s economy has not fully recovered as some international investors have not returned to the country in full force. The minister stated that maybe a major shakeup could be expected after Zimbabwe’s elections expected later this year. Seretse explained that the investors want to see if indeed the elections would be free and fair and observe what would happen there afterwards. “When Mnangagwa was here he explained that everyone is welcome back to Zimbabwe. He promised free, fair and credible elections. That was the highest stake the president has put on the table. He has invited SADC and international bodies to freely come to Zimbabwe and observe the elections. This should motivate investors,” the minister said. According to the minister things are shaping up for Zimbabwe as the country has also been invited to come back into the Commonwealth. It was suspended in 2002 over political violence against opponents of former president, Robert Mugabe regime. Membership of the Commonwealth brings both economic and political support.

BCP challenges President’s powers in court

Masisi’s presidency is unconstitutional - Rantao

Botswana Congress Party (BCP) is expected to approach the High Court on urgency to challenge President Mokgweetsi Masisi’s powers regarding appointment of Vice President and dissolution of Parliament.

The BCP this week wrote a letter to Speaker of National Assembly Gladys Kokorwe challenging Masisi’s powers to appoint a vice president as they believe that section 35 (1) under which he ascended to the presidency does not give him overriding powers to appoint a vice president. The party threatened to approach the courts if the Speaker fails to act on their demands.

By Wednesday evening Kokorwe had not yet responded to the BCP letter. 

Dumelang Saleshando, president of the BCP, told Botswana Guardian that the speaker has until end of Thursday (yesterday) to have executed her duty of convening the National Assembly to elect the President. “If she fails to do that then we would proceed with the litigation,” said Saleshando. Kokorwe could not be reached for comment. This publication is however informed that the speaker has been advised not to make such an undertaking and wait for the litigation.

The letter was copied to the Attorney General Advocate Abraham Keetshabe and titled, ‘Election of the President of the Republic of Botswana’ under Section 35 (4) as read with Section 35 (5) of the Constitution of Botswana. 

The BCP through its lawyers Dingake Law Partners states in the letter that its clients BCP (the party), MP for Ramotswa Samuel Rantuana and MP for Selibe Phikwe West Dithapelo Keorapetse opine that there are four (4) types of Presidents envisaged under the Constitution, and these are; Section 32 President; Section 35 (1) President; Section 35 (2) President; and Section 35 (4) President. 

The law firm indicated that as provided for by the Constitution, only Section 32 and Section 35 (4) Presidents are substantive holders of office with the power to make appointments (revoke the appointment of Vice President) or dissolve Parliament.

Section 32 states; Election of President after dissolution of Parliament. Sub section (1) Whenever Parliament is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament. Sub section  (2) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in Botswana; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons registered as voters for the purpose of elections to the Assembly.

“His Excellency President Mokgweetsi Eric Masisi is neither a Section 32 nor Section 35 (2) President. Further, he did not ascend to the office of President following an election by Parliament. And to this extent, does not qualify as one (President) under Section 35 (4) as read with Section 35 (5) of the Constitution,” the letter states.

BCP argues that therefore President Masisi is, remains and has always been a Section 35 (1) President; and must be treated as such. Section 35 (1) indicates that whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President. The party further argues that the Constitution in terms of Section 35 (3) provides that a Section 35 (1) President “shall not exercise the powers of the President to revoke the appointment of Vice President or dissolve Parliament”.

“Section 35 (4) and (5) provide for a mechanism of transforming a President under Section 35 (1) and Section 35 (2) into a fully-fledged President. Until such a president is fully-fledged their powers are limited to the extend (sic) provided by Section 35 (3) of the Constitution. The process of transforming a Section 35 (1) President shall take place on the seventh (7) day after the office of President becomes vacant, or such earlier day as may be appointed by the speaker as provided for under Section 35 (4) of the Constitution. 

“To the extent that you have not convened the National Assembly on such earlier date for election of the President, our clients demand that you give an undertaking to us in writing, no later than the 11th of April 2018 at 09hrs00min that you will convene the National Assembly for purposes of election of the President under Section 35 (4) of the Constitution no later than the 12th April 2018 at 24hrs00mis,” reads the letter from Dingake Law Partners adding that they hold instruction to approach to approach court on an urgent basis if no undertaking is given and within the requested period of time for an appropriate injunction.

Alliance for Progressives (AP) Youth League says it is lobbying student bodies within tertiary institutions to mount pressure on government to increase students’ allowances.

Young Progressives President Jacob Kelebeng has revealed that his committee is in consultation with Student Representative Councils (SRC) on the matter. “As young progressives we believe it is time something is done about the issue. The cost of living is very high and what the students are getting is too little for them to keep up with the changing and challenging world. We have structures in most of our tertiary institutions and we believe this should make the work easy for us,” said Kelebeng.

Kelebeng who was addressing the media in Gaborone this week said they will get all the SRCs involved to come up with a document that would be presented to Minister of Tertiary Education, Research, Science and Technology on what informs the need for increase of students’ allowances.

“President Mokgweetsi Masisi as the former minister of education we are sure he is aware of the demand on the call of allowance increment by the students due to the current economic status. About eight (8) years ago student allowance were decreased from P1 920 to P1420 on the notion that the country was going under recession. 

“Over the years the cost of living was escalated at a higher rate therefore there is a need for increment of allowance to match the cost of living. As the youth league we have since resolved to mobilise the SRCs, students and all members of progressive student movements to demand allowance increment as a matter of urgency”, he said.

Should government fail to accede to this demand he said they would change tactics to punish government of the day. According to Kelebeng they would mobilise the youth to ensure that Botswana Democratic Party loses the 2019 elections under Masisi. He said Masisi would be the only president to have ruled for a short period of time.

“The BDP led government must know that by refusing to increase student allowances they are unofficially promoting prostitution and blesser syndrome among the student community, thus exposing them to social ills and drug abuse.” 

Makopong Sub-Chief, Kgosi Vincent Phologo has been relieved of his duties, this publication can revealThis follows a protracted dispute between Makopong villagers and the Ministry of Local Government and Rural Development regarding Kgosi Phologo’s ascendency to the village’s bogosi in 2016.  

Some residents approached the High Court to challenge the then minister, Slumber Tsogwane’s decision to appoint Phologo as Kgosi without holding elections. 

In February this year, High Court Judge Michael Leburu ruled that Minister of Local Government, Slumber Tsogwane’s 2016 decision to appoint a Kgosi for Makopong village without following proper procedure should be reversed. Judge Leburu described the minister’s actions as “un-procedural” and must therefore be set aside meaning that Kgosi Vincent Motlhabane Phologo should vacate his seat as Sub-Chief for Makopong village and new elections be called. Last month, just before he was appointed the country’s vice president, Tsogwane told this publication that his ministry through the Tribal Administration is appealing Leburu’s judgment. 

However, it seems the newly appointed minister of Local Government Pelonomi Venson-Moitoi will not go the court route. The minister has since relieved Phologo of his duties. 

In a letter signed by Assistant Minister Botlogile Tshireletso, she explained, regarding the court judgment that, “the judgment then in effect, set your appointment aside and as we all are subjects of the rule of law, we have to see to it that the full effect of the said judgment is realised in practice and spirit.”

The letter which was copied to the Kgalagadi District Commissioner and the Tribal Secretary further reads in part that, “You shall cease to perform your duties as a Sub-Chief effective 9th April 2018. Meanwhile, Minister Venson-Moitoi will address residents of Makopong next week Tuesday to try and resolve the village’s bogosi dispute. The minister confirmed to this publication that she will address a kgotla meeting next week Tuesday to try and solve the matter. 

Phologo was appointed following the death of his father Kgosi Shadreck Hatshelotlhe Phologo. However, residents of Makopong, a village in the Kgalagadi District, were against Vincent Phologo’s appointment arguing that it was un-procedural and unlawful as chieftainship had always been determined through elections in the village. Leburu ruled in the applicants’ favour and ordered that the appointment of Vincent Phologo be set aside. 

It is end of the road for coalition movement Umbrella for Democratic Change (UDC) as key players Botswana National Front (BNF) and Botswana Congress Party (BCP) have resolved to pull out of the marriage of convenience. Botswana Guardian understands that a bilateral meeting between BCP and BNF Central Committees in Gaborone has agreed that the time is now for them to leave UDC. Bilateral meetings are allowed among contracting partners. The last week meeting was attended by all members of the two central committees except for BNF President Advocate Duma Boko who was not in the country. 

Advocate Boko has been accused by his central committee members of always avoiding meetings where critical issues pertaining to UDC are expected to be discussed. Those who attended the meeting have revealed that an agreement was reached to bolt out of the UDC and leave Botswana Movement for Democracy (BMD) and Botswana People’s Party (BPP). It is alleged that there are talks among the BCP and BNF members to find a model of working together going forward without BMD. Others are said to be calling for a coalition by the two parties while others want Alliance for Progressives - a BMD breakaway to be roped in.

Information gathered by this publication suggest that a meeting that was scheduled for Tuesday this week to seal the deal had to be cancelled as BNF and UDC leader Advocate Boko was not available. He is said to have promised to avail himself in the next BNF meeting scheduled for end of this month. The UDC National Executive Committee (NEC) is also expected to meet on the 24th of this month. 

The committee has never met since the February congress. The NEC was mandated to evaluate the congress and its resolutions and report back to its structures as soon as possible. The NEC has ever since the event failed to meet. Things fell apart at UDC following the split of BMD last year. Other contracting partners wanted some of the issues to be revisited especially the allocation of constituencies given the development that happened at BMD. 

Some members especially from BNF and BCP wanted redistribution of constituencies arguing that BMD would not manage to deliver all its 14 constituencies because its numbers have been affected by the split and formation of Alliance for Progressives (AP). BNF Secretary General Moeti Mohwasa confirmed the meeting between BCP and BNF. Mohwasa said this is nothing new but a general principle that bilateral meetings could be held by contracting partners. He however said he would not share contents of the meeting with the media. 

“We cannot share what was discussed at the meeting with the media.  It is up to parties who held a bilateral meeting to decide if they want to share the information with the media or not. So at this point we cannot share that with the media. And whoever shared such information with you was out of order,” said Mohwasa who is also UDC Head of Communications. BCP Secretary General Kentse Rammidi could not be reached as his mobile phone was off.

A recommendation by the Botswana People’s Party (BPP) disciplinary hearing committee to have party chairperson Richard Gudu and additional member Peter Kuchwe permanently expelled from the party has flopped.

This is according to information received by the Botswana Guardian from a reliable source. Peter Kuchwe one of the suspended members alongside Richard Gudu confirmed to this publication that he has received a letter from his party directing him to attend a reconciliatory meeting with the party executive committee. The source who was present during the weekend central committee meeting in Francistown revealed that a resolution was handed to the leadership directing that the two be expelled from the party since they were arrogant during their second hearing. 

“The two were then saved by the party president and other leaders who did not agree with the recommendation but felt that the two be brought before them for reconciliation,” the source said.

 He said the only two people that did not want both men to be forgiven was the party deputy president Mbaakanyi Lenyatso and Secretary General Venter Galetshabiwe who are said to be interested in contesting the Parliamentary elections in 2019 general elections.  Galetshabiwe refused to be drawn into the matter. He said that the resolution regarding the disciplinary hearing of the two is still a secret as it is before the party central committee. Galetshabiwe, who is eyeing Tati East is allegedly developing some goose bumps to face Kuchwe during the primaries in a constituency Kuchwe has so far made strides since he represented his party under the Umbrella for Democratic Change (UDC) during the past elections. 

When contacted for comment Galetshabiwe said he will make his intentions about contenting at Tatii East known at the right time. For his part Lenyatso has said he will contest at Tati West against any candidate to exercise his democratic rights.

As Mochudi East Constituents go to the polls tomorrow (Saturday) to elect their new Member of Parliament, the opposition coalition is tipped to have a better chance of reclaiming the constituency. The constituency with eleven (11) Wards has three (3) key wards in Mochudi that are a deciding factor. The eleven wards are Olifant/Ramotlabaki, Malolwane, Bokaa, Boseja South, Boseja Central, Boseja North, Oodi, Matebeleng, Modimo, Sikwane, Mabalane and Mmathubudukwane.  

The three Boseja wards have proved to be Botswana National Front (BNF)’s strongholds. BNF a contracting member of Umbrella for Democratic Change (UDC) has been given responsibility of the constituency and has fielded Moagi Molebatsi as their preferred candidate. Molebatsi will be up against Botswana Democratic Party (BDP)’s Mpho Moruakgomo and Japhta Radibe who is an independent candidate.

The constituency was won by the UDC in 2014 but last year the area MP, the late Isaac Davids defected with the seat to BDP. Those close to the developments have indicated that the UDC’s loss - if it happens - should be blamed on the BNF leadership which has not been in touch with the rank and file.

Ever since the campaign kickstarted the toxic atmosphere in the BNF Central Committee has hampered the leadership from showing a united force and support for the candidate. Given the numbers from the Botswana Congress Party (BCP) a win is expected as the two UDC contracting partners seem to have rekindled their love. 

The Bakgatla’s unhealed wounds due to the impasse between government and their Kgosi Kgolo Kgosi Kgafela II could also come in handy for the opposition. 

While Vice President Slumber Tsogwane argues that all is well between Bakgatla and government, the ground tells a different story. This has also been one of the opposition’s campaign tools as they remind Bakgatla of what happened to their chief. 

Tsogwane who is also former Minister of Local Government and Rural Development has told Bakgatla in the constituency not to be derailed by this argument by the opposition that Kgafela has been betrayed. However, one of the BDP campaign team revealed to this publication that their chances of winning the constituency are slim. The member who has been camping in the constituency for almost three weeks indicated that the electorates in the core wards of Mochudi East are not moved as they feel the BDP government has betrayed them. 

The BDP activist also decried the lack of presence by BDP leadership who are only now showing face at the last minute this week. The BDP campaign is led by Assistant Minister of Youth Empowerment, Sport and Culture Development, Phillip Makgalemele whose team believe necessary support was not rendered on time. This was evident this past weekend when President Mokgweetsi Masisi together with his deputy was launching the BDP candidate as few people turned up. 

The BDP has pleaded with Bakgatla not to be deceived by the UDC by using Kgafela’s name. It has since emerged that the constituency is no longer a political but a royal battle. When the BDP is banking on using Kgosi Kgolo’s younger brother Mmusi Kgafela to lure votes, UDC fielded Molebatsi who is in the same regiment as Kgosi Kgafela II. In a recent public rally Mmusi accused the UDC of using his brother’s name to lure votes. The UDC is however not moved on its stance regarding the treatment Kgafela II received at the hands of government. Bakgatla Royals have been at loggerheads over who should take over on behalf of Kgafela II in his absence. Kgafela II had made it clear that he preferred Bana Sekai. 

Government has since acceded to his request following lengthy engagement between government and a delegation from Mochudi. The UDC candidate- Molebatsi was part of this delegation. 

Last year during a Kgotla gathering where Kgosi Sekai was officially announced, speakers from the delegation indicated that the road and the engagement with government was not an easy one. It was revealed that some members of the royal family including Kgosi Kgafela II younger brothers and some of the uncles made things even worse as they were not cooperative and opted to work with the enemy (government).

Mangana- Kgafela II’s regiment -was said to have been the one that stood the test of time when they did not give up on the enduring journey. When Molebatsi requested permission from Kgafela II to be active in politics and contest under UDC for Mochudi East, Kgafela II is said to have given him his blessing. Member of Parliament for Mochudi West Gilbert Mangole has said that Molebatsi took the lead for Mangana to intervene when government was persecuting Kgosi Kgafela II. 

According to the UDC legislator Molebatsi is one of Mangana regiment members who fought the former President Ian Khama’s administration on issues surrounding their Kgosi. He said Kgatleng is at peace because of Molebatsi’s contribution over recognition of Kgosi Sekai as Bakgatla’s Deputy Chief. Mangole revealed that Kgafela II would be addressing a Kgotla meeting in South Africa this Sunday (22nd April) and the best present Bakgatla could give him is to vote for Molebatsi. 

According to UDC campaign team, Kgabo (Kgafela II) has made things even a lot easier as the leader still respected by his subjects seems to have been understood to be endorsing Molebatsi to be sent to Parliament. 

They however maintain that better still this is still, their constituency and there is no how the BDP could win the constituency from the BNF or the UDC. The tension within the BNF Central Committee is of less worry to the campaign team. 

When their candidate was launched this past weekend some of the party leadership among them both their President Advocate Duma Boko and Vice President Dr Prince Dibeela were not in attendance as they were said to be engaged in other activities. The candidate was launched by UDC Vice President Dumelang Saleshando who is also BCP President. 

UDC could also be banking on votes from Alliance for Progressives (AP) which would not be contesting. AP has endorsed Molebatsi and called on its members to vote for him. AP, a breakaway from BMD, has stated through its President Ndaba Gaolathe that it would not field candidates in all the 57 constituencies in 2019 and would be supporting like-minded candidates where it has not fielded a candidate.

DISS boss, Isaac Kgosi seems on course to exposing the ignorance of law on the part of Members of Parliament as he appears before the Parliament Accounts Committee (PAC) that is investigating the National Petrol Fund (NPF) scandal.

Through the two days seating, Kgosi remained consistent on three points, that he was sworn to secrecy, he is the custodian of government secrets and that he was bound by the founding statutes of the intelligence body, DISS Act. 

The spy boss would not be intimidated by the MPs’s heckling rising to the occasion in a subtle undertone to score his point: “The Acts of Parliament rank equally; I have a law that governs me on what I do. You have a law that governs you on what you do. It does not mean that your procedures supersede what the DISS Act says”.

Kgosi was also quick to tell the committee that the NPF matter is before the court and therefore subjudice to discuss it,  a matter that frustrated almost all members of the Committee except for Ndaba Gaolathe who maintained his calmness during the first seating on Thursday.

Presiding over the hearing, PAC chairman, Dithapelo Keorapetse - who was himself compromised by reason of recent utterances he had made to the Press claiming that he and MP Samson Guma were targets of elimination by DISS - had his back to the wall. 

And recoiling in an emotional outburst, Keorapetse directed Kgosi to the parliamentary standing orders that empower the committee to compel anybody appearing before it to cooperate and answer its questions instead of telling them on how they should operate. 

But Kgosi would not budge. After a lengthy exchange, PAC agreed to allow him to say his part and his statement hit below the belt particularly on Keorapetse.

“I am aware of recent newspaper articles, radio interviews and comments from some members of this Committee and those that appeared before me, that have sought to portray the DIS as a rogue institution. 

This is unfortunate and I wish to assure you all that the Directorate is law abiding and shall at all times adhere to its founding statute, the Constitution and any other laws in force from time to time in this Republic. 

“To this end I would like to put it on record that the DISS has never made threats to assassinate or cause harm to anybody, or acted outside its mandate. There is no reason for anybody to fear it, whether politicians or members of the public. 

“The security of this country is way paramount to be always subjected to speculative and irresponsible commentary; Botswana is above all of us. On this matter, I want it to be put on record that I will cooperate with this committee to the extent allowed by Law.  

“I would also want it recorded that I am appearing before this Committee in spite of grave allegations that have been levelled against me in person, and the Directorate by some members of this committee as read in the media. I do so in the hope that there will be fairness in the deliberation of the committee”. 

Appeal to Speaker

What PAC stood to gain from Kgosi’s questioning may have been lost forever and the signs of their defeat and frustration was clearly visible on its chairman Keorapetse as he and colleagues Shawn Nthaile, Ndaba Gaolathe, Samson Moyo Guma, Ignatius Moswaane and Mephato Reatile announced that they would be writing to the Speaker of the National Assembly to invoke Section 13 of the National Assembly powers and privileges. 

“In our view there are questions that we feel you must answer which you have indicated the reason why you cannot. At this point, it will be up to the Speaker to cause you to answer or not”. 

Kgosi was bold in his response; “I will wait for the Speaker”.

The Acts

Kgosi drew the attention of the committee to provisions of the DISS Act and National Archives Act on releasing classified documents. The Intelligence and Security Cap. 23.02 says permission to release classified information must come from DISS boss. 

Section 9 (1) of the National Archives and Records Services Act states every person  appointed under or employed in carrying out the provisions of this Act  shall  regard and deal with all public  records which are secret or confidential or to which access may be restricted as secret.  When the Thursday seating collapsed due to lack of quorum subsequent to the departure of MP Nthaile, Keorapetse told Kgosi that since he refused to answer some questions, then they will subpoena the Director of National Archives and Records Services and Permanent Secretary in the Ministry of Finance and Economic Development. 

But there was a change of heart as it seems the Archives Director will be called. On Thursday the proceedings started 45 minutes late than the stipulated time as the PAC and the Attorney General teams were locked in a meeting where it was decided that the committee must appeal to the Speaker. 

But the question is will the Speaker, Gladys Kokorwe order Kgosi to provide the answer? 

The law does not compel her to as it says the Speaker “may” thereupon excuse the answering of that question or production of such paper. 

Directorate of Intelligence and Security Services (DISS) Director General, Isaac Kgosi says he can only account for P118 million from the P230 million that was transferred to his organisation from National Petroleum Fund (NPF).

DISS had requested the sum of P250 million for engineering structures of storage facilities and expansion of strategic fuel storage facilities. 

After being given access to the funds, Kgosi then wrote to the Director of Energy Affairs directing that an amount of P230 million be transferred to Khulaco Pty Ltd on behalf of DISS.

The DIS later diverted the funds towards the purchase of military grade equipment to be used in fighting poaching, human and drug trafficking which are a threat to the country’s economy. 

An amount of P118 million was paid to an Israel company Dignia Systems for the purchase of the equipment. These are the funds that Kgosi owned up to this week when he 

appeared before Parliament’s Public Accounts Committee (PAC). 

The DISS boss could not be drawn to say what happened to the other funds or who should account for them. He said he does not know why he is being asked to return the funds.

Kgosi explained that the consignment that was bought for P118 million from Dignia Systems has not yet arrived in the country. He said he was shocked to learn about a letter from former Acting Permanent Secretary in the Ministry of Mineral Resources, Green Technology and Energy Security Dr Obolokile Obakeng that DISS should pay back the P230 million during a meeting in February this year. 

At the PAC hearing it was revealed that there was nothing that the Auditor General was able to pick from Khulaco Pty ltd as financial statements or money trail for the P118 million. Kgosi stated that he could not comment on where the remaining funds are because that is the same question that would be asked in court. 

It also emerged at the PAC hearing that the Khulaco Pty ltd account to which public funds were transferred, was not sanctioned by Accountant General as the law dictates. Kgosi has told the committee that he knows little about the Public Finance Management Act. 

It was revealed at the hearing that the DISS approached PPADB asking for single outsourcing but the request was turned down and the spy agency was directed to go for public tender. It was following this rejection that the DISS then asked for variation of the funds. 

Kgosi would not be drawn into discussing the dealings between DISS and Dignia Systems. He said he would also not know if the Israeli government knew about the contract between DISS and Dignia Systems. The DISS director also refused to comment if Attorney General Abraham Ketshabe and former president Dr. Ian Khama knew about the contract between DISS and Dignia Systems.

Basarwa from Boteti region have high hopes on newly appointed Vice President Slumber Tsogwane to attend to their plight in the area, When Tsogwane was Minister of Local Government and Rural Development they complained about the ill-treatment they receive at the hands of government officials over the land that they occupy. 

Recently a delegation was sent to Tsogwane who is also Member of Parliament for Boteti West to air their grievances and seek his intervention as local government minister. Now that he has been elevated they have hopes that Tsogwane will use his influence to deal with wayward government officials especially council officials, District Commissioner and land board officials who continue to relocate them from one area to the other and take over their land without consultations.

In an interview with this publication Khwedom Council Public Relations Officer, Banyatsi Salutu said Basarwa are being ill-treated in the only areas they have known for most of their lives. He explained that whenever they try to find answers they are sent from pillar to post.  

He said the council has taken upon itself to ensure that they fight for the rights of Basarwa in Boteti. According to Salutu residents of Makolwane settlement have been forced out of the area to Metsiaela settlement. He said the reason for their relocation has not been communicated to the affected residents.

“We believe some of the relocations are politically influenced. When we ask the council or the District Commissioner we are never given a proper answer. They also want to move residents of Makgama to Mosu. Makgama is located few kilometers from Mosu. 

“These residents are only considered or get attention from government when it is elections time. 

At first they said they were squatters but in the wake of the 2014 general elections their relocation was abandoned and now they are back at it again. They would say they cannot bring developments and other necessities but when it is election time all the resources would be availed,” Salutu posited. He added that they currently do not know where to go because the matter was taken to Office of the President, Ngwato Land Board and Letlhakane Sub-Land Board, but nothing has been done.

According to the PRO, about 400 people have also been moved in Tsutsuga village to pave way for farms for small stock farming. 

The farms are expected to be allocated soon. He said the officials who undertake these exercises never produce any written document but just communicate by word of mouth.  Salutu said if Tsogwane and his government continue to ignore them they would be left with nothing but to boycott next year’s general elections, as they are only known during elections to put people in office.

 Central District Commissioner Berenice Mosime was not available for comment as she was said to be sick.

A fierce face-off is on the cards between Isaac Kgosi- Director General at Directorate of Intelligence and Security (DISS) and defense lawyer in the P250 million National Petroleum Fund (NPF) money laundering scandal case when it goes for trial.

Kgosi has hinted that DISS would give evidence in the matter. Defence lawyer Kgosietsile Ngakaagae has insisted on several occasions at Regional Court (South) said that Kgosi should go into the dock to also answer for the charges of money laundering. 

He had during the past court appearance indicated that as the defense they would make an application before court for review of Directorate of Corruption and Economic Crime (DCEC) decision to charge only his clients and leave out Kgosi and others. 

Bakang Seretse, his company Khulaco Pty Ltd, Botho Felicia Leburu and Kenneth Kerekang are each facing a single count of money laundering contrary to Section 47 (1) (b) of the Proceeds and Instruments of Crime Act.

DISS boss has however this week revealed that the DISS would be giving evidence before court on the money laundering case. When appearing before Parliamentary Public Accounts Committee (PAC) this week, Kgosi indicated that he is not in a position to discuss some issues which are before the court with the committee. He said he cannot discuss Khulaco Pty Ltd and its directorship because such information is before the court (sub judice).

“I am constrained to answer some of these questions. The committee enjoys immunity in this matter, well I don’t. No one would be standing with me in the dock when I am asked to answer. I cannot discuss these issues because they are before court and investigations are ongoing. With these investigations, the DISS would be compelled to give evidence before court,” he stated. 

With DCEC having not expressed its intention to charge Kgosi, it seems the defense team can only have a share of him during cross-examination when giving evidence. Ngakaagae has reiterated on several occasions that he would not stop talking about Kgosi until he is brought before court. “It seems there is this thing of people especially the DCEC and the prosecution fearing Isaac Kgosi such that they do not even want to mention his name. Well I do not fear him and I would not stop talking about him until he is here charged like others,” said Ngakaagae in a recent court appearance. 

Kgosi this week indicated that he is the one who takes decisions at DISS and the buck stops with him as the accounting officer.  He has also revealed that the DCEC has questioned him regarding the money laundering case. He indicated that he is however not in a positon to discuss in detail his questioning.

The issues that Kgosi is referring to are with regards to DISS having requested funds from NPF to be transferred into a Khulaco account. He also did not want to comment on the correspondences between him, Khulaco, Ministry of Mineral Resources, Green Technology and Energy Security. 

In the letters which are already in the public domain, Kgosi in his capacity as DISS Director General wrote to Department of Energy Affairs under the ministry requesting for the P250 million from NPF for DISS to construct strategic fuel storages.  There is a letter also from former Acting Permanent Secretary Dr Obolokile Obakeng giving a go-ahead for DIS to divert the funds from the initial usage to now be used for purchase of military grade equipment in Israel. Kgosi directed through a letter that the sum of P230 million be transferred into the Khulaco account. 

Another letter was from Dr. Obakeng rescinding his decision for the variation of the funds. He also wrote to Kgosi requesting that the DISS should return the funds. All these correspondences, Kgosi said he would not discuss them because they are classified information.

He told the committee that a crime was committed in obtaining of the documents. “There is a clear indication that a crime has been committed. Whoever committed such a crime, action have to be taken,” warned Kgosi.  However, attorney Nchunga Nchunga from Attorney General stated that as long as a government entity followed proper procedure in acquiring documents said to be ‘secret’ there is nothing wrong.

When it created the Directorate of Intelligence and Security Services (DISS), Parliament might have failed to pay attention to the finer details of the monster they were forming.  

Many years later DIS has proved to all and sundry that despite being a creature of statute, its powers are beyond reproach. The spy agency’s Director General Isaac Kgosi this week confirmed what for years has been a subject of speculation: that he is the alpha and omega of the country’s intelligence apparatus and does not answer to any one, not even the president!

Kgosi does not answer to the president of the republic who is the commander-in-chief of the armed forces nor his second in command the vice president, Minister of Presidential Affairs, Governance and Public Administration or Permanent Secretary to the President on matters pertaining to security and intelligence in the country. 

According to Kgosi the buck stops with him at DISS as the Accounting Officer. DISS was established amid controversy shortly after President Ian Khama assumed office in 2008. Funds from Disaster Fund were diverted to help establish the organisation amid strong resistance from opposition MPs and some of Botswana Democratic Party (BDP) backbenchers.

This week the DISS boss told Parliamentary Public Accounts Committee (PAC) which is probing the books of accounts of the National Petroleum Fund (NPF) that the committee cannot dictate to him how to respond to their questions. 

He reminded the committee that as much as they have the law that governs them they should know he also has a law to follow and that the Act of Parliament does not supersede the DISS Act. 

He said that how he spends the funds at DISS is an administrative issue which does not compel him to answer to anybody. He said even the oversight committee and the DISS Council he briefs them when the need arises as he can carry out a project or procurement and notify the committees later. 

The spy chief revealed that he had requested for variation of the funds from NPF for the sake of transparency. According to Kgosi he could have gone ahead with the procurement of military equipment without asking for variation because the funds were already with DISS. 

According to the Fund Order only the president has such powers of varying funds from special funds such as the NPF. Kgosi’s assertions have sent shockwaves throughout the country as to what Parliament could have created for Batswana- an all-powerful government institution that is not answerable to anyone. 

While others believe Kgosi’s statement was meant to protect his principal’s participation or knowledge in the controversial P250 million NPF scandal others contend that the man spoke the truth.

Even within the ruling party MPs have expressed discomfort with Kgosi’s utterances. Those who spoke to this publication have indicated that Kgosi’s principals should contain him as he continues to show arrogance and becomes reckless with his choice of words. 

They argue that the creation of DISS which some of them were hostile about could come back to haunt the ruling party. The BDP used its numbers in Parliament to push for the establishment of the DIS under former President Ian Khama’s administration. 

However, there are some MPs who believe Kgosi has been given too much power by the presidency. They argue that while Kgosi has sensitive information and secrets about almost everyone including those in the highest office it might prove difficult to deal with him in the best interest of the public and reclaim confidence from Batswana.

Botswana Congress Party (BCP) President who is also Umbrella for Democratic Change (UDC) Vice President Dumelang Saleshando says pronouncements by DISS boss that he accounts to no one, not even the president, for funds used by DIS even if the funds were allegedly inappropriately secured, will possibly shock many, including the BDP stalwarts. 

“I think that the stance adopted by Kgosi is a good one for our democracy. At the time when the DISS law was adopted, we cautioned against the creation of an organisation that was going to be a law unto itself,” he stated. 

Saleshando said the DIS Act was not crafted in a manner that allowed for checks and balances. According to Saleshando the thinking of the BDP MPs at that time was that accountability was a threat to national security. This has allowed the DIS to operate above the law, he said adding that this was what BDP and President Khama wanted at the time. 

He posited that the days when state security was an acceptable defence against the need for accountability belong in the past. 

“I think the DISS Act should be repealed, DISS disbanded and all the activities it got involved in investigated. Our security cluster needs to be subjected to a critical review and a decision be made as to how the intelligence community should be restructured. President Masisi needs to start this process by suspending Kgosi to allow for full investigations into his activities that have dominated headlines and attracted the attention of the DCEC,” Saleshando added. 

The former MP for Gaborone Central said if the president is unable to act, it can only mean that like other ministers, he is gripped by fear.

Alliance for Progressives (AP) President Ndaba Gaolathe could not comment on the matter because he is part of the PAC and the committee has not made any finality on its probe. However during the party’s 1st Annual Policy Statement early this year Gaolathe was of the view that, DIS has amassed power to the extent that it literally runs the government of Botswana. 

According to Gaolathe the Intelligence Services is more powerful than the rest of the Government decision making machinery. “DISS has an influential role in deciding appointments to key positions in both government and quasi-government institutions. It is them that re-allocate willy-nilly Government reserves as they did with the National Petrol Fund. They are above the law, and no one is able to find a way for them to face the wrath of the law. 

“Currently Government does not have the interest to bring the DISS to the book, and even if they were willing to do so, the current governance mechanism would not allow them to effectively deal with the ‘rogue’ institution. Our Government system is centralised, and Parliament lacks the institutional capacity to fulfill its constitutional mandate, consequently our system is not one of checks-and-balances; it is a legitimised authoritarian rule,” he told the gathering at Big Five Lodge in Mogoditshane.

Political Analyst Anthony Morima does not buy Kgosi’s story. He does not think that there can be an authority which does not report to another in a higher office. “Even the President is accountable to the nation and the National Assembly. DISS director cannot say he is not accountable to anyone- who request for budget and who appoints the director general? If indeed he reports to no one, then we will be in a state of chaos. It cannot be correct in our law to say that because there has to be checks and balances,” he said. 

According to Morima Kgosi adopted such a stance to avoid answering questions because this could have given the PAC the lead as to who it should subpoena to appear and account. Morima opines that the DISS oversight Parliamentary Committee should be empowered to undertake its duties of checks and balances. The committee has however been dysfunctional after members of opposition pulled out of the committee as they felt the committee is not allowed to carry out its mandate.

World Bank Country Representative for Botswana, Xavier Furtado said they are committed and ready to support reforms on education and learning in Botswana.

This follows the 2018 World Development Report which indicates that countries should not only try to provide education but should consider ways to generate return on investment and skills development.

The report highlights that, even after several years in school, millions of children are unable to read, write or do basic math. “Without these skills, students around the world are being denied opportunities to lead healthy and productive lives while maximising their contribution to national economic development,” states the report.

Furtado said one of the ways in which Botswana can reap the demographic dividend is through the provision of quality education and learning. “The World Bank is committed and ready to support reforms to the education sector so that Botswana can succeed in its transition to a knowledge-based economy and young Batswana have the skills necessary to lead successful and productive lives,” he said.

Botswana’s secondary education system is presently generating a large number of graduates who do not possess the skills necessary for economic development and growth. According to the latest data, 34 percent (87,000) of Botswana’s young graduates are presently unemployed. World Bank indicated that it is critical that the government of Botswana and other education stakeholders improve the quality of learning in Botswana’s public schools to ensure the nation’s future economic competitiveness.

World Bank Group President, Jim Yong Kim said the World Bank Group is already incorporating the key findings of the report into its operations. “We will continue to seek new ways to scale up our commitment to education and apply our knowledge to serve those children whose untapped potential is wasted. For example, we are developing more useful measures of learning and its determinants,” he said.

He said they are ensuring that evidence guides operational practice to improve learning in areas such as early-years interventions, teacher training, and educational technology. “We are making sure that our project analysis and strategic country diagnoses take into account the full range of system-level opportunities and limitations, including political constraints. And we will continue to emphasize operational approaches that allow greater innovation and agility,” said Kim.

According to the report education remains one of the best investments that government and citizens can make and helps countries develop the human capital that will end extreme poverty. Among the key factors highlighted to improve quality of education include assessment of schoolwork, promoting brain development and tailoring teacher training.