{UAH} State Capture: Lessons For Botswana

State Capture: Lessons For Botswana

Publishing Date : 07 November, 2016

Kesitegile Gobotswang (PhD)
Deputy Leader, BCP

South African Constitutional democracy has once again become an envy of the African continent ahead of old, regressing and tired democracies in countries like Botswana.  Thuli Madonsela the former Public Protector a woman made of steel has delivered another earth shattering report entitled "State of Capture." This comes on the heels of the famous Nkandla report that had far reaching political ramifications. Both reports were based on investigations into perceived corrupt activities associated with President Jacob Zuma of South Africa. 

In the case Nkandla the Public Protector had concluded that certain additional features to the security upgrade at Zuma's home in Nkandla were in fact non-security items. These included a cattle kraal, chicken run, swimming pool, visitors' centre, and amphitheatre.  Consequently the Public Protector issued an order calling for remedial action entailing payment of the tax payer's money spent on non-security upgrades.  

In respect of the Nkandla report the African National Congress (ANC) dominated parliament attempted to undermine the powers of the Public Protector by interpreting her order as just a recommendation with no legal effect and therefore non-binding. Parliament essentially exonerated President Zuma from any liability. The opposition Economic Freedom Fighters (EFF) and Democratic Alliance (DA) took the matter to the Constitutional Court which ruled in their favour.

It was a damning judgement that unequivocally put the three arms of government in their rightful positions as per the Constitution of South Africa. The judges were in agreement that by refusing to comply with the order from the office of the Public Protector, both Zuma and the National Assembly failed "to uphold, defend, and respect" the highest document of the land which is the Constitution. The President of South Africa has since paid back the money as demanded by the Public Protector.

Towards the end of her term of office Thuli Madonzela the former Public Protector took the decision to investigate allegations of state capture by the Gupta family. Before the report could be made public, President Zuma and his associates rushed to the courts to stop the Public Protector from making the report public. On Wednesday November 2nd, 2016 the North Gauteng High Court ruled that the report should be made public by 5pm on the same day. The 355 page report was subsequently made public and also posted on the website of the Office of Public Protector.  Batswana can only look at developments in South Africa with envy and a sense of jealousy.  This is because events unfolding there are unthinkable in Botswana, the so-called shining example of democracy.

The difference between Botswana and South Africa lies in their constitutional framework. While in South Africa the constitution provides for Chapter 9 State Institutions in Botswana we have oversight institutions that are a product of weak acts of parliament. These institutions lack independence and power since they are accountable to the Office of the President instead of parliament or the constitution.  Of all the oversight institutions the Ombudsman is the weakest and most irrelevant.  Most of the citizens would not be in a position to name the current Ombudsman. 

On the other hand the Directorate of Corruption and Economic Crime (DCEC) is a mere tool of the powerful ruling elite that is used to cover up their corrupt acts.  The DCEC spends most of the time and resources chasing the "small fish" with a zero conviction rate of the "big fish." The country has lost billions of pula through corruption at the Botswana Development Corporation (BDC) and the Glass Manufacturing, Morupule B, Seleka Springs's dubious arms deals, Botswana Meat Commission (BMC), Botswana Railways (BR) and yet no one has been held accountable or prosecuted. 

Actually the DCEC is not doing anything that the Police would not do. The Ombudsman has failed to investigate a report by the Botswana Congress Party (BCP) on Mosu Presidential Resort.  Mosu is the Nkandla of Botswana where public resources may have been used for its construction. They also turned the other way when the BCP reported a case involving the use of a Botswana Defence Force (BDF) aircraft by the President at the Rasesa Air Show. All these were also brought to the attention of the DCEC. The DCEC and the Ombudsman are not worth the amount of money allocated to them and must disband to safe the country of the limited resources. 

They should be replaced by a powerful institution that combines both of their functions, to be called the Ombudsman or Public Protector. Such an institution should be a product of the constitution not a piece of a weak legislation.
The country continues to bleed because of dysfunctional oversight institutions. The BCL and Botswana Tourism Organization (BTO) scandals are the latest in a series of national man-made disasters resulting from official corruption.  It can only be in Botswana where a Minister can use previous failures to act on corruption and abuse of office as his defence.  

What is particularly weakening democracy in Botswana is the poor financial capability of the opposition political parties to mount court challenges against government transgressions, corruption and abuse of public office. The trade unions have been relatively successful in this regard. The situation is compounded by the fact that Botswana has an extremely weak and timid private sector that is mostly scared of being associated with a course of action championed by the opposition parties. 

As a result government acts with impunity on a daily basis. For example the Botswana Police Service (BPS) is sitting on a case involving the postponement of the Francistown West bye-election triggered by a petition signed by dead people among others.  Recently Minister Tshekedi  Khama acted in a manner that is clearly an obstruction of justice in a case involving the BTO. In these cases citizens remain helpless and at the mercy of the state.

Although there is a strong case to stop the provisional liquidation of BCL citizens don't have the capacity to challenge this treacherous act by the government of the day.  As for the Electronic Voting Machine (EVM) it would not see the light of day if the opposition parties had the financial muscle.  What the private sector in Botswana does not seem to appreciate is the fact that the EVM may be the last straw that breaks the camel's back.  The EVM may be the source of unimaginable political instability that will not spare capital. Botswana desperately needs a strategic alliance between labour, capital, students, political, and religious organizations to deal with the challenges facing the country today. 

In South Africa the Safe South Africa Campaign rally was graced by high profile individuals in society such as Justice Zag Yacoob (retired Constitutional Court Judge), Sipho Pityana (Anglogold Ashanti CEO and ANC stalwart) etc. We need our own Yacoobs and Pityanas to safe our country from the ruthless "vultures".

Gwokto La'Kitgum

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"Even a small dog can piss on a tall building" Jim Hightower

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