Khama s government anti-corruption posture is suspect

47877,Dithapelo Keorapetse,phpDED0.tmp.jpg, | Sunday May 3, 2015 00:00

This Bill is long overdue! The Bill titled Whistleblowing Bill, 2015, Bill No. 11 of 2015 is according to the Botswana Government Gazette dated 19th June 2015 meant to ìprovide for the manner in which a person may, in the public interest, disclose information adverse to the public interest; to provide for the manner of reporting and investigation of disclosures of impropriety and the protection against victimisation of person who make the disclosures; and to provide for related mattersî. 

Part II provides for the type of disclosure which is protected by the Bill, Part III provides for the procedure for disclosing certain information relating impropriety and the action that should be taken and Part IV provides for the protection of persons who make disclosures relating to impropriety. The Bill also provides for the offences and penalties under the Bill and other subsidiary provisions. The Bill will be further unpacked and discussed during its debate or afterwards. However, it is that kind of Bill which seeks to convey a message to the public that the government is doing something about corruption while in actual fact it is not. The Bill, like others seeking to address the issue of corruption, is insipid and doesn’t go all out in addressing the problem.

According to the Directorate on Corruption and Economic Crime (DCEC) annual reports, different types of corruption exist in Botswana. Cases of both bureaucratic and or administrative corruption and political and or grand corruption have been reported with some cases brought before the courts. Cases relating to bribery, conflict of interest, fraud, embezzlement, theft of government assets, money laundering, tax evasion, and abuse of office have been investigated and suspects prosecuted.  Almost all high profile cases involving substantial amounts of money or assets and high profile figures like Ministers, Parliamentarians, senior civil servants and big businessmen have not resulted in convictions at the courts, mostly due to legal technicalities. The DCEC is, contrary to popular believe, fishing in the right waters and does catch big fish. The blame on low conviction rate on high profile cases therefore cannot be placed at the directoratesí doorstep.

The DCEC is key to the countryís anti-corruption strategy. Like other Anti-Corruption Agencies in Africa is also modelled along Singapore and Hong Kong ACAs. It was created in 1994, albeit not out of coercion by Breton Woods Institutions, to combat corruption and economic crime. The institution works closely with other law enforcement agencies and other institutions such as the police, intelligence and security services, the central bank, the Botswana Unified Revenue Services and the Financial Intelligence Agency etcetera.

Numerous laws in Botswana are essentially utilized in the fight against corruption and economic crime. These include, albeit not limited to, Corruption and Economic Crime Act, 1994, Penal Code, Criminal Procedure and Evidence Act, Banking (Anti-Money Laundering) Regulations, 2003, Mutual Legal Assistance in Criminal Matters Act, 1990, Directorate of Intelligence and Security Service Act, 2008, Financial Intelligence Act, 2009, and the Proceeds of Serious Crime Act, 1990 as well as other subsidiary legislation. 

There also exists numerous anti-corruption units, clubs and teams across ministries, government departments and even schools. These initiatives by the DCEC are commendable. However, they can only address bureaucratic, petty and or administrative corruption and cannot address political or elite or grand corruption involving senior officials and huge amounts of money.

Evidently missing on the list of corruption related laws are laws on disclosure of assets/interests and liabilities, insider trading, targeted lifestyle audits, freedom of information, whistle blowing legislation and public funding of political parties. There is also no codified anti-corruption policy in the country to properly inform the broader anti-graft strategy. The government has refused to enact these and other laws for a long time. The non-existence of these laws and other appropriate institutions tell in part the inadequacy of the countryís anti-corruption strategy. It also shows the lack of political will to combat corruption. Most laws and institutions relating to corruption, economic crime and democratic or Parliamentary oversight are pathetic. Many of them are merely public relations exercise by the ruling party; to make it look like something is being done.

Parliament should discuss the Bill to be tabled by Molale within the broader context of  Botswana’s anti-corruption strategy that is mediocre, messy and hopeless. The DIS, which is infested with corruption at a grand scale, is bullying the DCEC, the army and the police. President Ian Khama has repeatedly refused to suspend all corruption suspects in cabinet and at the DIS. He presides over a government and a party that refuses to punish elite corruption.  Khama and his people are not interested in combating corruption for they abet it and at times very much involved.

The coming Bill is nothing but political expediency meant for noisemakers who called for it. Other Bills like the one on assets declaration will also be watered down. MPs should sponsor amendments to these half-baked Bills and frankly debate and make better suggestions on how corruption can be properly fought.