Economist warns against communication interception law
Chakalisa Dube | Monday January 31, 2022 06:00
However, in recent times, the country has been shedding its positive image, raising worries that it will soon be dethroned from its position as one of the best countries to invest in, particularly in Africa.
For example, since he took over, President Mokgweetsi Masisi has been accused of using the law to persecute and harass his political opponents as well as those who do not support him. His government has also often been accused of corruption. The inclinations may have dented the country’s reputation (as a stable country) and has to some extent lowered the confidence of foreign investors.
Now, various stakeholders have warned that business confidence is likely to plummet even further if Botswana’s plan to legalise eavesdropping come to fruition.
Early this week Parliament gave the greenlight for the Criminal Procedure and Evidence (Controlled Investigation) Bill of 2022 to be debated on a certificate of urgency.
The Bill wants to give liberty to law enforcement officers to use undercover tactics to intercept communication, access computers as well as using controlled devices when carrying out investigations in relation to cases of money laundering and related crimes.
They will not have to obtain a court order to do so. But some have expressed worries that the law can be used for non-intended purposes or to spy on innocent people. They have also warned that if used for unintended purposes, intercepting of communication will create instability in the country. Pundits believe that the ruling party members who dominate Parliament in terms of numbers, will do all they can to ensure that the Bill is passed and ultimately turned into law.
Sennye Obuseng, an economist and managing consultant of SPECK Dynamics, is among those who fear that should intercepting of communication be legalised, the move is likely to cause major damage to the country’s efforts to attract Foreign Direct Investment (FDI) and will further weaken the country’s competitiveness in the global marketplace.
“I think the Botswana Investment and Trade Centre (BITC) should be very worried by plans to legalise eavesdropping. If intercepting of communication is legalised, it will lead to further deterioration of the investment climate in the country. Investors in nature want to do businesses in areas where their civil liberties are respected. People value their freedom. They are likely to shun Botswana if intercepting of communication is legalised,” he said.
Obuseng further posited that the country’s rhetoric and overall posture on issues directly and indirectly linked to FDI has not been very pleasing for a very long time. “For example, the debate on the Economic Inclusion Bill, which has since been passed into law, did not portray Botswana as a country that value FDI. One would say that the accumulation of things does not bode well for the country’s efforts to attract FDI,” he said. The economic inclusion law promotes the effective participation of targeted citizens in the economic growth and development of the economy.
Obuseng is also worried that the government seems to be elevating security issues above everything else.
“ My thinking is that the economy should be of paramount importance. There are no jobs and prices of most commodities are going up everyday. My other worry is that intercepting communication can be used for political purposes by the ruling government which can create instability. Political instability would eventually scare away investors.” Business Botswana (BB) president Gobusamang Keebine also expressed reservations about plans to legalise interception of communication.
“For now, it is hard to gauge the impact that will come because of legalising phone tapping or intercepting communication.
But investors value countries that have high regard for civil liberties. They are likely to be discouraged from investing if at all intercepting of communication is legalised. Unfortunately, we were not engaged before the motion was taken to Parliament,” declared Keebine.