Wednesday, August 26, 2009

This Week in Parliament

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"


D1) 18/8/09: RESPONSE BY THE HON. MINISTER FOR PRESIDENTIAL AFFAIRS AND PUBLIC ADMINISTRATION PARLIAMENTARY QUESTION NO 875 ASKED ON BY MR. I. S. MABILETSA, MP (KGATLENG EAST)

QUESTION: To ask the Minister for Presidential Affairs and Public Administration:-

i) whether the Constitution or other laws of Botswana permit the Head of State to appoint more than one person to a ministerial office, as is the case with the Ministry of Finance and Development Planning presently, where one Minister is acting for four months whilst the other is on sick leave;

ii) would it not have been more prudent and cost effective to drop one Minister and keep the other;

iii) whether both of them draw a full salary; and

iv) was the salary provision for the second Minister approved by Parliament.

ANSWER: Mr. Speaker, the Constitution of Botswana and other laws of Botswana do indeed permit the President to appoint more than one person to a ministerial office. The President is empowered by the Constitution to appoint persons to the offices of Minister and Assistant Minister. The Constitution further provides that if a holder of an office is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of an office, in this case, a ministerial office, the President may appoint a person to act in or perform the functions of that office.

The Ministerial Offices (Maximum Number Act, Cap 02:02) provides that the number of offices of Minister of the government of Botswana shall not exceed 16. This remains the case, as the President has not created a 17th ministerial office, but has appointed Mr. Matambo to act in the existing office of Minister of Finance and Development Planning. Therefore, Mr. Speaker, in this context, the law does allow the appointment of more than one person to one office, as is the case with the Ministry of Finance and Development Planning. The substantive Minister Hon B. Gaolathe is indisposed and has been granted sick leave and Mr O. K. Matambo has been appointed to act in that office.

Mr. Speaker, the issue of dropping Hon Gaolathe has not arisen. He is indisposed and it would be inhumane to do so. Instead he has been granted sick leave on full pay. Similarly Mr. Speaker, it is a well established system that when an incumbent of an office is granted sick leave, the person appointed to perform the functions of that office is remunerated accordingly, and such funds are not extra-budgetary.

I thank you, Mr. Speaker.


D 2) 12/8/09: RESPONSE BY THE HON. MINISTER FOR PRESIDENTIAL AFFAIRS AND PUBLIC ADMINISTRATION TO PARLIAMENTARY QUESTION NO 855 ASKED ON BY MR. P.P.P. MOATLHODI, MP. (TONOTA SOUTH)

QUESTION: To ask the Minister for Presidential Affairs and Public Administration to confirm that female parliamentary staff purchase new outfits at their own expense to use during ceremonial occasions such as Budget or State of the Nation Address; if so:-


i) why can't the said staff have their outfits purchased by the National Assembly as is the case with other Government departments; and

ii) when shall the said staff be reimbursed for amounts disbursed by them to date for such ceremonial attire/outfits.

ANSWER: Mr. Speaker, I am informed that female Parliamentary staff in the past purchased outfits for use at their own expense. On other occasions, they simply agreed on the colours to be worn. They do this voluntarily as there is currently no requirement for them to be in uniform during any occasion. Given this position Mr. Speaker, there is no basis upon which reimbursement can be made. Secondly, I really do not believe that we should interfere with initiatives of this nature, which the staff may wish to undertake voluntarily. And I believe that staff itself is not complaining about this situation.

I thank you, Mr. Speaker.



D3) 21/8/09: RESPONSE BY THE HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO 878 ASKED BY Mr. P.P.P. Moatlhodi, MP(Tonota South)

QUESTION: To ask the Minister for Defence, Justice and Security:-

i) If it is correct that, during the ongoing merger of the Botswana Local Police Service into the Botswana Police Service, six (6) members of the Botswana Local Police Service were shown their application forms (PSM 2) which they filled when they joined the civil service;

ii) If so, why was this required of only these six (6) officers from the Botswana Local Police Service and not from the rest of their counterparts; and

iii) Why were members of the Botswana Police Service treated differently and exempted from the completion of such forms.

ANSWER: Mr. Speaker,

i) I am not aware of any specific or particular six (6) members of the Botswana Local Police Service who were shown their application forms (DPSM 2) which they filled when they first joined the civil service.

ii) All members of the Botswana Local Police Service went through the process of completing Form DPSM 2 as it is required for the purpose of security vetting.

iii) All members of the Botswana Police Service also complete Form
DPSM 2 without exception.

I thank you Mr. Speaker



D4) 19/8/09: RESPONSE BY THE HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO 880 ASKED BY HON. P.P.P. Moatlhodi, MP (Tonota South)

QUESTION: To ask the Minister for Defence, Justice and Security if he can confirm whether during the ongoing merger of the Botswana Local Police Service into the Botswana Police Service, six (6) Botswana Local Police Officers reported at the Botswana Police College in Otse on 30th July, 2009 for interviews and medical examination; if so:-

i) Is he aware that all six were informed that they will not be recruited on account of their obesity;

ii) Is there any law applicable to the police cadre that disqualifies obese persons from obtaining employment in the Botswana Police Service; and

iii) Have any members of the Botswana Police Service been subjected to similar treatment, if not, why.

ANSWER: Mr. Speaker, I am not aware of any specific or particular six (6) Botswana Local Police Service officers who reported at the Botswana Police College in Otse on 30th July 2009 but I am aware that the process of attestation was going on that particular day. I am however, aware that there were some members of the Local Police Force who were declined for attestation to the Botswana Police Service by a medical doctor due to severe obesity, and that it would not be medically safe for them to take part in any form of physical training.

Mr. Speaker, the Botswana Police Act (CAP 21:01) Section 8(b) gives the Commissioner of Police power to appoint fit and proper persons into the Botswana Police Service and these people were not fit to be appointed into the Botswana Police. All officers in the Botswana Police Service undergo this process upon their attestation and they are therefore required to maintain a level of fitness commensurate with the demands or the Police Service; failing which they are subjected to a Medical Board.

Thank you Mr. Speaker.



D5) 18/8/09: RESPONSE BY THE HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO 713 ASKED BY Mr. M.M. Goya, MP.(Palapye)

QUESTION: To ask the Minister for Defence, Justice and Security whether indemnity notices such as "vehicles parked here are at owners risk", displayed on some commercial and public premises are legal and further say what measures have been put in place to explain their consequences to the public.

ANSWER: Mr. Speaker, the disclaimer notices referred to by the Honourable Member are legal instruments used by many commercial operators to limit their liabilities and are commonly referred to as "limitation of liability clauses". In cases that have come before the courts involving such clauses and notices the courts have demanded that such should be put in full view of the customers so that customers be able to see them and take the risk either deliberately or negligently or recklessly as the case may be. In implementing the Consumer Protection Act (CAP 42:07) the Ministry of Trade and Industry through the Consumer Protection Unit holds seminars and workshops for both business and customers and amongst others, highlight the consequences of such notices.


I thank you Mr. Speaker.

SADC Parliamentary Forum in collaboration with the SADC Tribunal and the National Assembly of Botswana to hold a workshop to discuss HIV/AIDS

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"


C4) 20/8/09: SADC Parliamentary Forum in collaboration with the SADC Tribunal and the National Assembly of Botswana to hold a workshop to discuss HIV/AIDS related legislation in Gaborone:

The SADC Parliamentary Forum in collaboration with the SADC Tribunal and the National Assembly of Botswana will hold a workshop between 27 and 28 August in Gaborone, Botswana to discuss HIV/AIDS related legislation in the region with a view to establishing consistency and compliance with human rights law and commitments across domestic jurisdiction.

Participants to this workshop will primarily be legal professionals that include judges, magistrates and lawyers as well as key legislators who include the Speaker of the National Assembly Hon Patrick Balopi. The meeting will be officially opened by the Hon Margaret N. Nasha, M.P Minister for Presidential Affairs and Public Administration and will be closed by Attorney General, Dr Athaliah Molokomme.

Discussions will revolve around -but will not be limited to - an overview of the HIV/Epidemic and emerging public health concerns; the Southern Africa HIV/AIDS Model law and the extent to which it is consistent or in conflict with national laws; challenges in ensuring a rights-based approach in the war against HIV/AIDS; and case law on HIV/AIDS on rights of marginalized populations; disclosure of status; forced sterilization and mother-to-child transmission.

The relevance of the Model Law as well as contentious provisions in bills and laws being proposed in various parts of the region will also come up for debate.

At the 24th Plenary Assembly session of the Southern Africa Development Community Parliamentary Forum in Arusha, Tanzania, 20th - 27th November 2008, 14 Presiding Officers and 59 Members of Parliament representing the parliaments of Angola, Botswana, Democratic Republic of Congo, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe unanimously adopted the Regional Model Law on HIV.

The Model Legislation is aimed at assisting member states - in particular policy makers and legislative drafters to address all the relevant areas in need of legislative reform without usurping the authority of national legislatures. An important benefit of the Model law is that it builds on the collective experiences of other legislatures, providing a pool of wisdom from which a particular legislature may select and adapt provisions to suit its own circumstances and needs.

The specific goals of the workshop are to:

* Discuss the various legal issues that surround the fight against HIV/AIDS in the SADC region, including reference to current national laws that conflict with human rights provisions and effective evidence-based HIV measures;

* Examine the role of the Model Law as a regional 'soft law', in terms of both domestic legislative adoption and regional jurisprudence, especially with respect to judicial decision making by the SADC Tribunal;

* Consider strategic alliances between legal/judicial actors and state level legislators in advancing domestic adoption of the Model Law in a form relevant to each state's existing legislative framework, including reference to a direct engagement by judicial/legal actors with Parliamentary Committees;

* Consider more effective linkages towards this end between SADC PF , Parliamentary Committees, SADC and judicial/legal actors; and

* Identify actions that may strengthen the engagement of legal professionals in the fight against HIV/AIDS in collaboration with parliamentarians and civil society.

For more information, please contact:

Ms Boemo Mandu Sekgoma, HIV and AIDS Policy Advisor
Southern African Development Community Parliamentary Forum SADC House
Parliament Gardens, Love Street Private Bag 13361 Windhoek, Namibia

Website www.sadcpf.org
Contacts- +264 61 2870010/+264 61 220784 Cell +264 81 214 3770/ +264 81
122 5976 Cell Botswana; +267 72712083 or + 267 72661593 Fax +264 61 254
642/+264 61 247 569

Boundless Southern Africa

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"


C2) 20/8/09: H.E. the President joins regional Leaders in promoting the "Boundless Southern Africa" Route Brand Yesterday, H.E. the President, Lt. Gen. Seretse Khama Ian Khama, joined other regional leaders in the Namibian mining town of Oranjemund to give his support to the branding launch of the Boundless Southern Africa Route.

The other regional heads who attended the event were its host, President Hifikepunye Pohamba of Namibia, along with President Robert Mugabe of Zimbabwe, Prime Minister Barnabas Dlhamini of Swaziland and Prime Minister Pakalitha Mosisili of Lesotho. The leaders were further joined by regional Ministers responsible for environment, wildlife and tourism, along with some 3,000 other visitors, in the normally quiet mining town of 8,000.

The Boundless Southern Africa Route passes through nine Southern African countries, running from Durban on the Indian Ocean to Oranjemund on the Atlantic. Along the way it connects a total of 7 Trans-Frontier Conservation Areas and 30 National Parks and Reserves, as well as adjacent communities.

In addition to Botswana, the nine participating countries in the branding campaign are Angola, Lesotho, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe.

Yesterday's Brand launch coincided with the final leg of the three month long "Boundless Southern Africa Expedition" across the entire route, which was led by famed National Geographic "explorer" and conservation advocate Kingsley Holgate.

The Boundless Southern African Route and branding campaign was originally conceived as a way of marketing the SADC region's conservation areas as favourable destinations for tourism and investment ahead of the 2010 FIFA World Cup in South Africa.

Speaking at yesterday's event, President Pohamba congratulated Holgate's team for promoting the route, which includes 51 packaged investment opportunities in the seven Trans-Frontier Conservation Areas, ranging from small and medium lodge type developments to larger development projects.

It is anticipated that the branding campaign will further organize an international investor conference and introduce additional marketing campaigns to sell the pre-packaged investments.

At yesterday's event the regional leaders collectively endorsed the Boundless Southern Africa brand as having enormous potential to market the SADC region as a single destination offering a wide array of tourism products.

While the region is endowed with numerous tourist attractions, the Boundless Southern Africa Brand will be focusing on Trans-Frontier Conservation Areas. These include the Kavango Zambezi Conservation Area between Botswana, Angola, Namibia South Africa, Zambia and Zimbabwe and the Greater Limpopo Trans Frontier Conservation Area between Botswana, Mozambique, South Africa and Zimbabwe.

According to its promoters the Boundless Southern African campaign will highlight three components, namely nature, culture and community.

Among the campaign's associated initiatives are invitations to various football teams to camp in their respective countries before World Cup 2010.

2009 Public Service Convention opens on Sunday

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"


C1) 21/8/09: 2009 Public Service Convention opens on Sunday

The Minister for Presidential Affairs and Public Administration, the Honourable Dr. Margaret Nasha, will officially open the 2009 Public Service Convention on Sunday evening (23/8/09) at a working dinner hosted by the Permanent Secretary to the President, Mr. Eric Molale ( beginning @ 1700 hrs @ GICC).

The event will also feature a keynote address by the Convention's special guest, Mr. Frans Kapofi, who is the Head of the Public Service and Secretary to Cabinet in Namibia.

The three day Convention will be an opportunity for senior civil servants to come together as a team in order to strategise on ways to better achieve the Botswana Public Service's common vision to "provide a world class service that is efficient, effective, caring and responsive to local and global challenges."

In fulfilling its mission the Public Service is mandated to continuously implement performance improvement initiatives and maintain Public Service Standards in order to create a sustainable and conducive environment for quality service delivery.

As H.E. the President, Lt. General Seretse Khama Ian Khama, observed in his 2008 State of the Nation Address:

"If Government is to be truly for the people, its public service must be efficiently staffed with men and women who appreciate that their vocational existence is premised upon the expectations of their customers, the public. In this way the Public Service will have the mindset to act as a facilitator, rather than bottleneck, in our broader efforts to realise sustained economic growth and social development."

All members of the Public Service are thus expected to cultivate a mutually supportive culture at the workplace that is customer focused, rewards performance and empowers the nation.

In this context, the theme of this year's Convention is "Transformational Leadership for Customer Focused Delivery - From Rhetoric to Consolidation and Effective Execution."

The Convention is thus expected to examine current performance in the context of local best practice examples with further reference to the Public Service Standards and latest customer service surveys.

General topics areas to be work-shopped will include Process Reengineering, Management Strategies and Decentralisation. Additional areas of focus will include bringing services closer to the people through E-Government and forging partnerships for improved service delivery.

The Convention will conclude on Tuesday afternoon (25/8/09)

Address to the Assembly of the United Congregational Church of Southern Africa by H.E. The former President Sir Ketumile Masire

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"

B5) 20/8/09: ADDRESS TO THE ASSEMBLY OF THE UNITED CONGREGATIONAL CHURCH OF SOUTHERN AFRICA BY H.E. THE FORMER PRESIDENT SIR KETUMILE MASIRE, AT KGARI SECHELE SECONDARY SCHOOL, MOLEOLOLE

The UCCSA President, Mr. Andre September UCCSA General Secretary, Rev. Dr. Prince Dibeela Officers of the Denomination Members of the Assembly

1. I am most delighted to have been invited to speak at the opening of this 35th Assembly of the United Congregational Church of Southern Africa (UCCSA). I have been associated with the UCCSA all my life; my parents were members of this Church, and my faith was nurtured at an early age in the UCCSA, then known as the London Missionary Society. I am an old Tiger; I did my studies at the Tigerkloof Institute where I qualified as a teacher.

2. I cherish very much not just the education I got from Tigerkloof, but the character formation I got from there too. Our education system was very encompassing. Yes, we devoted our time to a high standard of academic education, but our educational experience also involved a number of vocational programmes such as horticulture, piggery, milk production, sports and public speaking. At the end of one's education one did not just have a certificate but one also had practical and life skills with which one could readily face the challenges of life.

3. This is quite a contrast to the way the education system has gone these days. I wish to challenge you, the UCCSA, to consider how you can partner with Government in re-modelling our education system such that we can educate the next generation for life and not just for prestige.

4. You currently run schools such as Moeding College and Maun Secondary School in Botswana, Indanda Seminary in South Africa, Dombodema, Inyati and Hope Fountain in Zimbabwe. Is it possible for us as a Church to raise the level of discipline and diversity of programmes and create pride in our students at these Institutions? In the past our region benefited greatly from Mission education and I implore us to revitalize that legacy as we tackle the many challenges that face us today.

5. Members of the Assembly, when we were at Tigerkloof Institution we had varied experiences, which have had an indelible mark on me as a person. We had to have regular prayers and a time of worship was part of the structure and the life of the school.


6. I, along with others had the privilege of belonging to the Young Christian Association and very much enjoyed the opportunities of preaching in the school Chapel and visiting the neighbouring farming communities to share the word of God. These experiences left within me a value system that would inform how I would do things later in life; especially as Vice President and later as President of the Republic of Botswana. I credit my success as a person to the upbringing

7. I received from my parents but also from the spiritual formation that was part of my educational experience. I am therefore convinced that head knowledge on its own is not sufficient for anyone of us. We also need spiritual attributes such as fear of God, respect for ourselves, others and their property, hard work, determination and humility in what we do. These attributes are inculcated through training. They don't just fall on us.

8. Members of the Assembly, the Theme of the Assembly is "In Christ there is a Future, hope in the midst of an economic crisis." We welcome you to our humble land Botswana where we have in the past few months experienced this 'economic crisis' first hand. As you would know our economy is heavily dependent on mining, especially diamonds. However, this economic meltdown has led to a decline in the sales of diamonds globally. The result is that our mines have had to slow down production and in some cases layoff workers or shut down completely.

9. The impact of this has been astronomical as in most cases the miner has a few people who depend solely on that one salary that the miner gets. We are therefore delighted that your theme speaks to this crisis, but also that it calls us to place our hope in Christ.

10. We cannot afford to fold our arms and feel sorry for ourselves, we have to probe and search for alternative ways of how to feed our children and continue with life.

11. I have always been a farmer, even though I have only had to do it part-time whilst I was on national duty. I believe that the earth has more potential for our livelihood than we realize. It is my conviction that we have enough land to feed our nations as the people of Southern Africa. Whilst the mining sector has served us well, this 'economic crisis' is a wake-up call to all of us to go back and till the land, rear cattle, sheep, chickens, ostriches and other livestock.

12. We have to get our pride back and not look to the overseas markets to start normalizing before we return to life as we know it. God has given us brains, hands, land and other resources to feed our communities, our nations and ourselves. I appeal especially to the young who aimlessly roam our cities and towns whilst our fields lie fallow for years without any production on them. You have the capacity to change our reality of hunger, unemployment and despair. With the grace of God, you can do it.

13. When I was President I had an incident which tested my faith, and to which I look back to with much gratitude to God. We were flying over Angola going to a Southern Africa Development Community Meeting when our flight was shot at. You will remember that at that time Angola had a civil war between Savimbi's rebel group and the government of President Edwardo Dos Santos.

14. As you can imagine it was a very traumatic experience and I was injured in that incident and had to spend a considerable amount of time seeing various doctors and specialists to help me recuperate. However, the amazing thing about this experience is that our pilot was able to find a strip of land wherein he landed the plane. I knew then as I have always known that God's love and grace is amazing, and is renewed towards us mortals every morning. We were rescued from what could have been certain death. I even remember the President of Angola saying to me "even though I do not believe in God, I do not know what this is if not a miracle that you have lived to tell the story".

15. Members of the Assembly, when I retired from public life in 1998 my friend and colleague the late President Julius Nyerere told me that I was going to be busier than when I was President. Well, he was correct. I have been involved in many international missions to Rwanda, the Democratic Republic of Congo, Lesotho and many other places. In these places, I have mostly been involved as a facilitator in peace talks but also shared experiences on democracy and good governance issues, from our perspective as Batswana. I thank God that he has given me good health to continue to offer my humble service to my country and the people of Africa. I am also thankful to my wife and my entire family for their support and partnership all these years. I thank you.

Presentation of the Constitution Amendment Bill by the Hon. Dr. M.N. Nasha, PH, MP, Minister for Presidential Affairs and Public Administration

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"

B4) 17/8/09: PRESENTATION OF THE CONSTITUTION AMENDMENT BILL, 2009 (NO.7 OF 2009) by the HON. DR. M.N. NASHA, PH, MP, MINISTER FOR PRESIDENTIAL AFFAIRS AND PUBLIC ADMINISTRATION

Mr. Speaker, I beg to move that the Constitution (Amendment) Bill, 2009 (NO.7 of 2009) be read a second time.

1. The object of this Bill, is to amend Section 58 (2) (b) of the Constitution of Botswana, in order to provide for an increase in the number of Specially Elected Members of Parliament, from four (4) to eight (8).

2. Mr. Speaker, there was a drafting error in the Bill when it was first presented to this house on 22nd June 2009. In addition to amending Section 58(2)(b), the Bill also sought to amend Section 42(3)(i) of the Constitution, which should not have been the case. I must say therefore, that I intend to move an amendment at Committee stage to correct that error, and I would therefore urge members not to focus their debate on it. My apologies to Honourable Members for this error.

Mr. Speaker, I propose:

* that Section 58 (2) (b) of the Constitution be amended by substituting for the words "four specially elected members" which appear therein, the words "eight specially elected members", and

* that the first schedule to the Constitution be amended by substituting for the words "four" the words "eight" wherever it appears.

Two main reasons have been advanced for the proposal to increase the number of Specially Elected Members:

(i) That the number 4 has been in place for 44 years although the number of elected MPs has been increasing gradually from the original 30 in 1965 to 57 to-date, as a result of the delimitation exercises that have taken place since then. As Honourable Members may recall the number of elected MPs then, was inclusive of the Prime Minister, Seretse Khama who was then Member of Parliament for Serowe North. And the first group of 4 Specially Elected Members which brought the total number of MPs to 34, composed of 4 gentlemen - J. P. Morgan, Ramsy D. Molefe, James Haskins & George Sim.

(ii) Secondly, there has been enormous pressure, from many quarters, to increase the number of Specially Elected MP positions, and use them to appoint women, youth and people with disabilities, all of whom have so far had difficulties being voted into Parliament, not because they are in any way less capable or less intelligent.

Given the opportunity, all these categories of people can and have in the past proved their mettle. But over time, it has proved rather difficult for them to break through the political glass ceiling for various reasons. The following are just a few of those reasons:-

a) lack of resources to run a campaign, since they are, generally speaking, not in control of even the property that they themselves could actually have accumulated and created.

b) The traditional practices and beliefs, which have so far impeded women and youth from participating in leadership, have also led to lack of support for their candidature.

c) the electoral system currently in place in Botswana, good as it is, in terms of providing leadership that the electorate can easily identify with and turn to in times of need, does not provide a window for deliberate inclusion of any of these categories of people;

d) the electoral processes employed by all political parties in this country, also tend to be exclusive in their nature, and the Parties themselves have not been amenable to change.

Mr. Speaker, we continue to need this provision in order to cater for certain critical skills and expertise that we otherwise are not able to bring into Parliament through a general election, and Botswana is not alone in this regard. There is need to ensure that the marginalised sections of our society who are unable to get representation in Parliament through a normal election process are catered for. In this regard, it is my sincere hope that this provision will be put to good use to ensure that historically disadvantaged groups are accommodated.

3. Mr. Speaker, this Bill was referred to Ntlo ya Dikgosi in accordance with Section 88(2) of the Constitution. Copies of the Ntlo ya Dikgosi Resolution, made at it's 9th Meeting held from 7th to 9th July 2009, have already been made available to Honourable Members. Dikgosi, as would be expected, raised some observations prior to resolving on the bill, and I wish to take just a few minutes to comment on those.

a) At paragraph 3.1 Dikgosi opined that the increase of the number of specially elected members would be so significant as to distort electoral outcomes.

I beg to differ, Mr. Speaker, and as I have indeed demonstrated in this presentation, the number of elected Members of this Assembly has almost doubled since 1965 and the proposal to do likewise with specially
Elected Members, is timely.

b) At paragraph 3.2, Dikgosi expressed fears that the positions would be used to benefit ruling party members, especially those who lose elections. Mr. Speaker, we need to appreciate that unlike in other Parliaments where specially Elected MPs are chosen by the President, our system is much more open, transparent and democratic. Specially Elected MPs are elected by elected Members of Parliament, and the process is provided for in the First Schedule of our constitution. In any event Mr. Speaker, we have to appreciate that there are many reasons why people lose elections, and that loss of elections has nothing to do with their ability to perform if given an opportunity to serve this nation.

At paragraph 3.5 of the Ntlo ya Dikgosi resolution, Dikgosi felt that the proposed amendment should be subjected to greater public debate through a referendum. I am sure that Honourable Members are aware that the constitution is quite explicit as to which amendments should be subjected to a referendum, and this is not one of them.

Mr. Speaker, I am happy, to report that after this lively debate, Members of Ntlo ya Dikgosi resolved "to endorse the amendment of Section 58 (2) (b) of the constitution, to increase the number of Specially Elected Members of Parliament from four to eight. In addition, that the First Schedule of the constitution be amended by substituting for the word "four" the word "eight" which appears in the schedule"

4. In conclusion Mr. Speaker, I am aware of the concerns which have been expressed by Members both in this House, and at Ntlo ya Dikgosi, regarding the issue of gender imbalance in Parliament. May I say Mr. Speaker, that I am amenable to introducing an appropriate amendment at Committee stage of this bill, to address these concerns.

5. With that Mr. Speaker, I move that the Constitution (Amendment) Bill, 2009 (NO.7 of 2009) be read a second time. I thank you.

H.H. Lt.Gen.Mompati S.Merafhe.MP, Vice President of the Republic of Botswana on Bilateral Relations and Cooperation between Botswana and Namibia

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"


B3) 17/6/09: REMARKS MADE BY HIS HONOUR LIEUTENANT GENERAL MOMPATI S.MERAFHE.MP, VICE PRESIDENT OF THE REPUBLIC OF BOTSWANA ON BILATERAL RELATIONS AND COOPERATION BETWEEN BOTSWANA AND NAMIBIA

The Right Honourable Nahas Angula, Prime Minister of the Republic of Namibia, Honourable Helmet K. Angula, Minister of Works and Transport of Namibia, Honourable Johnnie K. Swartz, Botswana's Minister of Works and Transport, Senior Officials, Ladies and Gentlemen,

1. Let me thank you on behalf of my delegation for accepting my request to come and meet with you to discuss matters of mutual interest between our countries, in particular those areas that require intervention at our level. The cordial relations that exist between Botswana and Namibia are naturally binding due to our shared boundary and are further enhanced by the need to continue implementation of the regional integration programmes some of which are coordinated by SACU and SADC while others are pursued bilaterally.

2. In growing these relations, regional initiatives such as the recently signed Cooperation and Capacity Agreement on the West Africa Cable System (WACS) have been undertaken. Since Botswana does not have direct access to the sea, under the WACS Project, Botswana Telecommunications Corporation (BTC) has partnered with Telecom Namibia and agreed to contribute an amount of USD37.5 million each for this project.

3. In education, we have 156 students studying in Namibia, 103 at the University of Namibia and 53 at the Polytechnic of Namibia.

4. We continue to cooperate closely in animal disease control strategies as both countries benefit greatly from marketing beef to the European Union.

5. In the area of infrastructural development which is crucial for facilitating trade and tourism between our two countries, a number of projects are envisaged.

6. The Trans Kalahari Rail line once completed will for the first time provide a rail connection between Botswana and port facilities on the Namibian Atlantic Coast. The Pre-feasibility Study to be funded by the World Bank which will start in September 2009 will among others enable our countries to appropriately scope the project before soliciting the participation of the private sector. I must indicate that even before the scoping exercise starts we have had interest expressed from the private sector to finance, implement and operate the project. Our view however is that the alignment of the rail line should not only serve business interests but also assist in alleviating transport problems currently experienced in the remote areas of the western part of Botswana and the eastern part of Namibia. There can be no doubt that such a railway line will have a positive impact in enhancing people to people contacts.

7. Another mutually beneficial project is the Kazungula Bridge which has progressed well despite previous setbacks. As SADC Member States we are engaged in a noble project of constructing a Southern Africa that is economically integrated and prosperous. That is the only way in which our region can be globally competitive, create jobs and improve the living standards of its people. We are therefore not only brothers and sisters, friends and neighbours, but are also strategic partners in development. We are together involved in fighting poverty, unemployment and disease. We have a common past and a shared future.

8. Regarding the Kazungula Bridge, Namibia has indicated her interest in exploring the possibility of linking up Impalila Island to the Kazungula Bridge and in this regard will inform Botswana and Zambia on the outcome of her internal consultations on the matter as well as the modalities of her participation in the project.

9. Information on the project has been forwarded to the SADC Secretariat with a request that it be relayed to the Government of Namibia. This is because as you are no doubt aware, Prime Minister, this is a SADC Project. I have deemed it appropriate to informally hand over the documents to you today, just in case they have not yet reached your office. But you can consider them officially delivered!

10. The third most important matter is the Dry Port facility at Walvis Bay which is yet another example of practical and mutually beneficial co-operation between Botswana and Namibia. Following the signing of the MOU in February 2008 in Windhoek, negotiations on the lease agreement started. The negotiations on the lease agreement between officials of NAMPORT and Botswana Government have so far progressed well save for two areas; escalation of the lease rental and the payment of the Stamp Duty. Our views on these two issues were communicated to NAMPORT on the 7th August 2009.

11. Right Honourable Prime Minister, I am particularly delighted to say that last Friday we received a very positive response from NAMPORT on the issues I have just alluded to which indicated that we have now reached agreement with NAMPORT on the two issues that have been outstanding. I would therefore like to seize this opportunity to warmly convey through you our sincere thanks to the Government of the Republic of Namibia for her considerable understanding and the facilitative role she has played in bringing this matter to finality.

12. This is a win-win situation. Our officials can now work on mutually convenient dates for the signing of the Agreement. The signing of this agreement will allow us to award the tender for the feasibility study which has hitherto awaited conclusion of the agreement. This is a project which is of enormous importance to both of us and we should be closely monitoring its implementation.

13. Once again, Right Honourable Prime Minister, thank you for the warm welcome, friendship and hospitality extended to me and my delegation since our arrival. The conclusion of the Agreement on the Dry Port facility demonstrates the excellent relations that exist between our two countries, the goodwill and readiness to work together for the good of our people. I thank you.

Speech delivered by his honour the vice president, lt. Gen. Mompati merafhe, mp, delivered at the bdp women's wing workshop on women empowerment

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"

B2) 19/8/09: SPEECH DELIVERED BY HIS HONOUR THE VICE PRESIDENT, LT. GEN. MOMPATI MERAFHE, MP, DELIVERED AT THE BDP WOMEN'S WING WORKSHOP ON WOMEN EMPOWERMENT

[Salutations]...Ladies and Gentlemen

1. I am happy to be with you this afternoon to witness yet another effort through which the Botswana Democratic Party seeks to empower its women. My information is that the BDP Women's Wing has put together a comprehensive programme to empower women candidates ahead of the 2009 elections. Through this workshop, women would be equipped with the appropriate set of skills that they would need to compete with their male counterparts in the coming general elections.

2. As Vice President, I am only too delighted to be associated with an initiative such as this one because I sincerely believe that there is desperate need to have more of our women in decision-making structures and processes. Following Hon. Tshireletso's motion, government came up with a bill to increase the number of Specially Elected Members of Parliament from four to eight. As an indication of how much support there is for this bill at executive level, the President has told a BDP gathering like this one that he will ensure that of the eight Specially Elected MPs, four are women. This affirmative action policy would give women a greater stake in decision-making at a national level.

3. This workshop is evidence of your own determination as women to claim greater space in the political arena. In order to realise your goals, I urge you to traverse the length and breadth of this country and aggressively mobilise the women vote.

4. If we are to attain the goals of the Millennium Development Goals (MDGs), we have to promote gender equality and ensure women actively participate in the decision-making for the successful implementation of those MDGs. The significance of this workshop is that it would give participants an opportunity to wrap their minds around issues of gender and local governance which are directly linked to broader national issues. It would also enable participants to draw strength from each other, as well as to forge appropriate strategies to increase women participation in governance.

5. If we are ever going to be able to address the stark imbalances in the political power structure, we ought to have political will which will be translated into an appropriate framework. The road ahead will be long but that challenge should strengthen your resolve to rise above adverse circumstances you find yourselves in. Time has also come for you to put aside your differences and fight as a united force. That is how all major battles are fought and how major victories come about.

6. Director of Ceremonies, the one other importance of this workshop is that it would serve as a vehicle through which the views of women would be fine-tuned and relayed to the Party leadership. I will therefore be eagerly awaiting the final report of this workshop.

7. Bagaetsho, one of the reasons our party has grown from strength to strength is because we hold near and dear to our hearts the notion of therisanyo - consultation. Holding this workshop reaffirms our commitment to therisanyo. The Party is currently grappling with a host of challenges but even under such circumstances, relegating women's issues to the back seat could never be an option.

Director of Ceremonies, Distinguished guests, Ladies and gentlemen,

8. With those few remarks, it is my distinct honour to declare the Botswana Democratic Party Women Wing Workshop officially opened. I thank
you.

Statement by H.E. President of the Republic of Botswana Lt.Gen.Seretse Khama Ian Khama on the Current Affairs of the Botswana Democratic Party

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"

B1) 21/8/09: STATEMENT BY HIS EXCELLENCYTHE PRESIDENT OF THE REPUBLIC OF
BOTSWANA LIEUTENANT GENERAL SERETSE KHAMA IAN KHAMA ON THE CURRENT
AFFAIRS OF THE BOTSWANA DEMOCRATIC PARTY

[NB: some additional notes on references made in the speech appear at the end of the document]

1. Bagaetsho, I have decided to take what I consider to be the necessary step to inform you - the nation at large - and of course, to deliver this message to fellow democrats, on the subject about the current events pertaining to the affairs of the BDP.


2. It is with regret that my relationship with one or two members of the Central Committee is very strained at the moment. The level of trust, and the required degree of confidence which should exist between them, as senior members of the Party leadership on the one hand, and me on the other, as their Party Leader, is not good at all for now.

3. On the evidence of recent events, all signs indicate that this state of affairs could deteriorate even further, if no meaningful intervention takes place.

4. The BDP is the government of the day, and has been the trusted custodian of the lives of all Batswana, and of the entire nation's affairs for an uninterrupted period of forty four (44) years. This has not come about by accident - it is because of the very able, highly disciplined and selfless dedication to the interests of the people of Botswana and to the cause of this country, provided by all categories of leaders of the BDP of the present and past generations.

5. I am stating this because of the tendencies of some of our BDP leadership to forget, and take things such as peace and stability, for granted. The affairs of the BDP as the ruling Party are intertwined with those of the general population. Accordingly, any state of affairs within the BDP that could become turbulent would translate into a source of concern and anxiety to all.

6. It is against this background that faced with the mounting unacceptable behaviour from certain quarters in our Party, including
certain individuals in the Central Committee, I have in my capacity as the Leader of the BDP, decided that it was indeed time for me to take some decisive action, and thereby prevent the Party from being beset with indiscipline.

7. I have therefore suspended as a member of the Party, Mr. Gomolemo Motswaledi - elected recently in Kanye as the Secretary-General of the BDP, for a period up to sixty (60) days, pending internal party disciplinary action in accordance with Article 34.1.5 of our Party Constitution.

8. There has been a series of events where Mr. Motswaledi abused his position as Secretary-General of the Party by engaging in conduct that has severely compromised Party discipline, the integrity and the good image of the Party, and were done not in furtherance of the best interest of the Party.

9. It appears that some of his actions were deliberately intended to test my resolve as the Leader, as well as inspired by wrongful motives, calculated to challenge and undermine my authority in open public. These have brought nothing but shame and embarrassment to the BDP, the very organisation, he was meant to be one of the custodians of.

10. Perhaps the following background is important, especially what transpired soon after the Kanye National Congress. On Monday 3 August 2009, I convened the inaugural meeting of the new Central Committee. I seized this opportunity to combine this into an extraordinary meeting (never done before) of both the Central Committee and all its working Sub-Committees, which I had just appointed in terms of Article 33.1 of our Party Constitution.

11. I summoned this extraordinary meeting for two (2) primary reasons:

* Firstly, because of the key message which I wanted to deliver to the Leadership of the Party. As I had been recently, elected for the first time in my own right as the President of the Botswana Democratic Party, it was my desire that such message should be received first-hand, and then disseminated to the rank and file of the democrats spread across the length and breadth of this country; and

* Secondly, because I was going to present a road-map to the Party Leadership, of which the Sub-Committees were a critical auxiliary structure.

12. At the meeting of Monday 3 August 2009, I addressed the new Central Committee and the members of the Sub-Committees as follows:

* I outlined that our Party had gone through some difficult times during the months, weeks and days leading to the Kanye National Congress and it was important to forget the past and work together as one team;

* I appealed to all to accept with humility the results and the outcome of the elections in Kanye and the Sub-Committees which I had appointed, and to embrace the new Central Committee and its Sub-Committees as the new leadership of the Party for the next two (2) years;

* I stated that it was extremely important to recover as quickly as possible and emerge as a united front from the wreckage and harm that the events leading up to the Kanye Congress had inflicted on the Party and on relationships, and that I, as the Party Leader, was determined to work together with every democrat in the spirit of harmony;

* I called upon the new Central Committee and its new Sub-Committees to resist the temptation to fall back on the same factional pettiness and immaturity that have poisoned our internal Party politics for so long. Instead, I implored them to work very hard towards rebuilding unity - one key asset of our set of values, as the basis of Kagisano and Botho;

* I asked them to make the forthcoming General Elections the sole centre of attention without other distractions, and that these things cannot happen without a new spirit of service, and a new spirit of sacrifice, where we put the interests of the Party, the people and the country first, and above our own personal interests as individuals;


* I emphasized that we belonged to the same Party - and therefore, we are not enemies but friends, who should re-dedicate their efforts to fighting the opposition parties;

* I reminded everybody of the BDP time-honoured set of values and the duties and membership responsibilities as enshrined in Articles 6, 12 and 13 of the Party Constitution; and that the BDP was founded on the values which required members, and in particular its Leadership to uphold high political and moral qualities, as well as selfless dedication to the cause of the Party;

* I was categoric that under my leadership, there would be zero-tolerance to any form of indiscipline, and that appropriate and timely action would be taken against anybody regardless of their status or position in the Party.

* I cautioned members of the Central Committee and its new Sub-Committees to refrain from making harmful statements which have engulfed certain sections of our media on internal Party affairs and those that were directed at me personally and that were disparaging and portrayed me and the rest of the Party Leadership in bad light contrary to Resolution 2 of the Kanye Congress.

* I then assigned duties to the Sub-Committees and crucially deployed members of the Central Committee to regions with instructions to engage in important preparatory work of the Party towards the General Elections, in such a manner those teams would comprise of members across the factional divide.

* The Sub-Committees were then scheduled to report back to the Central Committee this past Friday, 14 August 2009, after carrying out their respective audits of the Party organs and structures, as well as, an audit of the progress of the election campaign and our preparedness for the General Elections country-wide, which they did.

13. Sadly, before any of the above initiatives could be given a chance to bear fruit, and before, as their Leader, I could have an opportunity to know and be acquainted with my colleagues in the new Central Committee, serious trouble was already emerging elsewhere. As the newspaper reports would bear testimony - this was fast developing into a real turmoil, and into ugly scenes in the public arena.

14. Certain individuals in the new Central Committee - clearly led by Mr. Motswaledi, have resorted to using the media as a springboard not only to launch personal attacks against me as the President of the Party questioning actions I have taken, but also to pursue conduct and objectives which are not in the best interests of the Party - particularly on the eve of the General Elections.

15. Without addressing any of the concerns they may have had on these issues directly with me through dialogue or at the Central Committee meetings, Mr. Motswaledi and some of his colleagues, have decided that it was better to go to the media on internal party matters, and show their mark of disapproval, criticize and portray my actions, as one of a leader who was dictatorial, prone to acting illegally and in an unconstitutional manner. Clearly, in my view, this type of conduct is misguided and is damaging to the Party. It is also sowing seeds of instability.

16. I have to note that before I decided to suspend Mr. Motswaledi, he had recently embarked on a number of unauthorised activities, behind my back and without sanction or formal approval of the Central Committee. One of such was a letter written to lawyers dated 5 August 2009, in which he brought into question my conduct and motives.

17. That letter was one of the subjects of the emergency Central Committee meeting held on Tuesday 11 August 2009. Whilst the Central Committee did not dwell on merits or substance of the letter in question, almost everyone at the meeting expressed shock at the tone and language of Mr. Motswaledi's letter, and the remarks or accusations which he has directed at me personally. The contents were couched in the most disrespectful, and offensive language.

18. Mr. Motswaledi did tender a verbal apology to me at the said meeting - and the Chairman of the Party also expressed regret on his behalf. I did accept the apology in good faith - but cautioned him to refrain from similar type of behaviour and I urged Mr. Motswaledi to show a mark of respect and courtesy to others, even if he disagreed with their views or opinions.

19. The following day - Wednesday 12 August 2009, it was brought to my attention that Mr. Motswaledi had given an interview to the Botswana Gazette newspaper, questioning the constitutionality of appointments I had made in respect of the affairs of the Party, and implying that those decisions were going to be reversed. He was reported to have said I had acted unlawfully and had contravened the BDP Constitution.

20. In the light of this, I approached the Official Lawyers of the Party, the Law Firm, Collins Newman & Co, to carry out an assessment and a review of all my decisions and actions taken since the Kanye Congress. The Party Lawyers confirmed to me that I had acted lawfully and within the limits of the powers given to me by the Party Constitution.

21. In the exercise of my prerogative as the Principal Spokesperson of the Party in terms of Article 34.1.1 of the Party Constitution as Party President, I authorised the Party Lawyers, Collins Newman & Co, to make their legal opinion and assessment of my actions and decisions known to the democrats, and the general public. I felt strongly that they had the right to know what was happening inside the ruling Party.

22. A day or two (2) later, on Thursday and Friday 13 and 14 August 2009, Mr. Motswaledi unilaterally issued his own Press Statement and some interviews to the media, revoking, reversing, countermanding and annulling the earlier Press Statement, issued for and on behalf of the Party, on Wednesday 12 August 2009, by the Official Party Lawyers, Collins Newman & Co.

23. His actions in this regard, were directed to publicly perpetuate the misconception in the minds of the public that I was a President who is acting in violation of the Party Constitution and to challenge and undermine my authority as Leader of the Party.

24. In very strong language - he has also embarrassed the Party and brought its good name into disrepute by accusing the official legal representatives of the Party, in the Press Statement in question, of unprofessional and unethical conduct, when they were simply doing their job as delegated by me as Chief Spokesperson of the Party.

25. As against the a foregoing narration of events, I have come to a conclusion, as the President, that we cannot go on like this forever, and that the time had come for me to make firm decisions for the greater good of the Party.

26. Finally, I wish to appeal to the nation and all democrats to remain vigilant, calm and thoughtful during this period. Moreover, I promise, and in fact, I am determined that, during my term of office as the Party President and Botswana's Chief Executive Officer, to restore order, respect, dignity and discipline to our society and to the BDP. As long as it is a political Party which remains relevant to our lives as Batswana and all inhabitants of this country, its leaders must have integrity and lead by example.

Additional Notes: Below please find some background on the Articles of "The Constitution of the Botswana Democratic Party", as well as the Press Statement by the Party's Lawyers, which are referred to in H.E. the President's Statement. Additiional relevant documents can be found on the Party's official website www.bdp.org.bw:

Paragraph 7 - Article 34 of the Party's Constitution defines "Powers and Functions of the [Party] President". In this context Article 34.1.5 specifically empowers the Party's President to:

"Have the power in exceptional circumstances, as specified in the Disciplinary rules of the Party, to suspend any member of the Party for up to 60 days on the grounds of such member's behaviour pending action by the Disciplinary Committee."

Article 34 in full reads as follows:

"Article 34 - Powers and Functions of the President

"34.1 The President of the Party shall:
"34.1.1 Be the principal spokesperson of the Party on National and International affairs.
"34.1.2 Convene meetings of the Central Committee.
"34.1.3 When the Party is in power, be State President
"34.1.4 Preside over meetings of the Central Committee.

"Give instructions on any matter to any Official of the Party and empower any member of the Party to exercise any powers or specific functions for and on behalf of the Party or Central Committee as may be valid and lawful.

"34.1.5 Have the power in exceptional circumstances, as specified in the Disciplinary rules of the Party, to suspend any member of the Party for up to 60 days on the grounds of such member's behaviour pending action by the Disciplinary Committee.

"34.1.6 Preside over the proceedings of the Final Disciplinary Committee comprising four members of the Party appointed by him/her to hear appeals from the Disciplinary Committee of the Central Committee. These members shall not include members of the Central Committee. The decision of the Final Disciplinary Committee shall be final and binding."

Paragraph 10 - Article 33 of the Party's Constitution defines "Committees of the Central Committee". In this context Article 33.1 states:

"There shall be working committees of the Central Committee whose members shall be appointed by the President of the Party from among members of the Party in good standing. The President may also appoint an Advisor to each working committee."

Paragraph 12 - Articles 6, 12 and 13 of the Part's Constitution read as follows:

"Article 6 - Membership Responsibility

"Membership of the Party entails a heavy responsibility that demands high political and moral qualities as well as selfless dedication to the cause of the Party which is the cause of the people."

"Article 12 - Duties and Obligations

"A member's duties and obligations are:

a) He/She shall be selfless in the interests of Botswana and the Party and be prepared to accept human rights and freedom of all inhabitants of Botswana, without regard to tribe, race, colour, sex or religious beliefs.

b) He/She shall not use official position or Party membership for personal or private gain or benefit or practice favouritism contrary to the purpose for which office is held within the Party, or for the purpose for which any other public office is held.

c) He/She shall not engage in corrupt practices or participate in any activities contrary to Party policy, or interests of the Party, or the Interests of Botswana."

Article 13 - Rights of Members

Subject to Article 10 [on Fees] above, and subject to the Disciplinary Rules of the Party and any steps taken there under, a member of the Party shall enjoy the following rights:

a) To exercise any right of election or vote which the member might have in terms hereof, or in terms of any other statute, regulation, ordinance, by-law or other legal provision;

b) To be elected or appointed, under the Party Banner, to any position of leadership, or any office, within the Party or any other lawful institution which is not in discord with the objects and policies of the Party;

c) To participate freely at meetings of the Party at which member is otherwise entitled to attend, in any discussion on Party matters and policies and to present proposals or seek clarification on any question on the activities of the Party;

d) To question or criticise, within the institutional frame work of the party and within the bounds of decency and courtesy and not in any selfish, subjective or malicious manner the activities of any member of the Party, Party Officials or the actions of the Government and administration of Botswana;

e) To defend Party policies, subject to what is set out in article 28(d) below regarding public statements and statements to the press;

f) To request the Party at all levels, up to and including the National Congress, to consider any question or petition provided that the prescribed procedures are followed.

Paragraph 20 - STATEMENT PREVIOUSLY RELEASED TO THE PRESS BY THE BDP
LEGAL ADVISORS - COLLINS NEWMAN & CO. DATED 12 AUGUST 2009

In our capacity as the principal legal advisors to the BDP we would like to react to the needless ongoing public row concerning decisions taken by His Excellency, The President, Lieutenant General Seretse Khama Ian Khama, in his capacity as the President of the BDP, subsequent to the National Congress held recently in Kanye ("the Kanye National Congress").

The BDP exists as a body and a political Party created by its Constitution.

The Constitution gives executive and decision-making powers to the President as the Party leader as it does define the functions of other Party Organs and Structures, including the Central Committee.

As long-standing Party lawyers we have reviewed all the decisions, steps and instances where His Excellency, the President can exercise his power and discharge functions with regard to the affairs of the BDP after the Kanye National Congress.

We categorically pronounce for the record, that the President has acted, in each instance, in accordance with the BDP Constitution and within the confines, parameters and limits of the authority conferred upon him as the leader of the Party by the said Constitution.

We trust that this will bring an end to the unfortunate and unjustified personal attacks in open public, on His Excellency, the President, especially by certain members of his own party. This has in our view done little credit to the BDP and to us as a country. Finally, the BDP legal and administrative framework is, and has always been well equipped to handle the resolution of internal diversions of opinion and differences without bringing the institution itself into derision. The current state of affairs should be no different.

Paragraph 21 - reference to Article 34.1.1 - see above under Paragraph 7.

Monday, August 17, 2009

Botswana listed among top ten non-European destinations for UK expats.

source: Republic of Botswana (16/8/09): TAUTONA TIMES no 21 of 2009
The Electronic Press Circular of the Office of the President
“Democracy, Development, Dignity and Discipline”


D6) 12/8/09: Botswana listed among top ten non-European destinations for UK expats.

With more people in Britain looking to work or retire outside of the euro zone, in order to take advantage of the exchange rate, the Sun (UK) newspaper and Expatriate Healthcare website have published a top ten list of preferred non-EU locations.

Botswana placed ninth on the list on the basis of nature and conservation schemes, which are described as ideal for an environmentally aware expatriate, as well as overall quality of life. It was the only country in Sub-Saharan Africa to make the list.

Other preferred locations, in the order of their appearance on the list are: Turkey, USA, Canada, Bahrain, Venezuela's Isla Margarita (described as a Caribbean haven "set outside the hurricane zone"), Egypt, Malaysia, Brazil and Thailand.

Response by Hon. Minister for Defence, Justice and Security to Parliamentary Question No.844, asked by Hon. Mr. M.M. Goya, MP for Palapye

source: Republic of Botswana (16/8/09): TAUTONA TIMES no 21 of 2009
The Electronic Press Circular of the Office of the President
“Democracy, Development, Dignity and Discipline”


D5) 12/8/09: RESPONSE BY HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO.844, ASKED BY HON. Mr. M.M. Goya, MP for Palapye

QUESTION: To ask the Minister for Defence, Justice and Security:

(i) What measures have been put in place to ensure that citizen owned and controlled companies are not marginalised in the Botswana Police Service facility, which is under construction in Palapye, notwithstanding that the main contract has been awarded to a multi-national company; and

(ii) Why the digging of trenches/loading and collection delivery of backfill, sand and gravel cannot be reserved for citizens with the help Citizen Entrepreneurial Agency (CEDA)

ANSWER: Mr. Speaker, the new Palapye Police Station project was awarded pursuant to an open tender. In the ITT, there was no stipulation as to what content of citizen participation was required as a pre-requisite for award of contract. It therefore, remains that any structure/process of citizen empowerment would be that as stipulated under various government instruments such as Cabinet Directive Cab. 37/95 which directed that 30% of government projects in the construction business should be set aside for citizen contractors. It is my belief that all citizen empowerment considerations were made by the PPADB in accordance with the ITT, Government Policies and the PPADB Act. May I also note that a citizen empowerment policy will soon be prescribed to Cabinet by the Ministry of Finance and Development Planning for consideration. This is the policy that will layout the general framework of citizen empowerment in Botswana with regard to government projects. I thank you Mr. Speaker.

Proposed Radiation facility to ensure public safety, promote development:

source: Republic of Botswana (16/8/09): TAUTONA TIMES no 21 of 2009
The Electronic Press Circular of the Office of the President
“Democracy, Development, Dignity and Discipline”


D4) 13/8/09: Proposed Radiation facility to ensure public safety, promote development:

The Department of Radiation Protection would like to allay any possible public concerns that may have been raised as a result of reports about the proposed radiation source storage facility in Pilikwe area.

The proposed facility has been specifically designed to ensure that disused or spent radiation sources are kept in a safe and secure manner. The facility will thus serve the nation by preventing spent radiation sources from entering the public domain or being used in illicit activities.

In accordance with Radiation Protection Act 2006, it is the mandate of the Department of Radiation Protection to provide for the safe use of nuclear technology to protect the public, environment and users against adverse effects of radiation.

Radioactive sources, equipment and material are currently being used in a number of industries in Botswana, such as at mines, hospitals, research institutions, construction sites, and breweries. Used sources from such facilities need to be kept in a secure and safe environment before they can be can be disposed of, which will be the purpose of the proposed facility.

In identifying Pilikwe as the site of the proposed facility the following factors were taken into consideration:

• its location close to the Botswana International University of Science and Technology, and
• its access to Martin’s Drift Road, which will make it easier to transport sources outside of the country for disposal or reconditioning.

It is anticipated that residents of Pilikwe and the surrounding villages will benefit during both the construction and operational phases of the proposed project through employment creation and infrastructure development.

Finally, it may be noted that nuclear technology has become a key component in the advancement of health, agriculture, industry, and research development in modern economies.

For further enquiries please contact:
Public Relations Office,
Ministry of Communications, Science & Technology,
Tel: 3612004/3907230

Final Communique of the Southern African Judges Forum

source: Republic of Botswana (16/8/09): TAUTONA TIMES no 21 of 2009
The Electronic Press Circular of the Office of the President
“Democracy, Development, Dignity and Discipline”


D3) 12/8/09: FINAL COMMUNIQUE OF THE SOUTHERN AFRICAN JUDGES FORUM

1. The Southern African Judges Forum was held in Kasane, Botswana, on 7-8 August 2009, under the theme “Sustaining the Rule of Law to promote Socio-economic Development in the Eastern and Southern African Region”. The Forum was attended by Chief Justices and Judges from Angola, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia, Zanzibar and Zimbabwe.

2. Also attending the conference was Hon. Sanji Monageng of the International Criminal Court, the President of the SADC Tribunal, Mr. Justice A. G. Pillay, the Attorney General of Botswana Dr. Athaliah Molokomme, and resource persons from within the SADC region and outside. Representatives of the Venice Commission, the Open Society Initiative for Southern Africa, Konrad Adenauer Stiftung, the office of the United Nations High Commissioner for Human Rights and the International Commission of Jurists and the International Commission of Jurists also attended the Conference.

3. The official opening of the Conference was performed by the President of Botswana, His Excellency Seretse Khama Ian Khama, who welcomed the convening of the Conference in Botswana. His Excellency expressed the hope that interaction between the region’s top legal personalities would contribute to the development of the judicial systems of the region, and improve their efficiency. The President observed that socio economic development can only take place in the context of a robust, transparent, predictable and enforceable legal framework. He challenged the delegates to consider ways in which the legal fraternity and the judicial system can work together with other sectors of the economy to make a positive contribution to economic development.

4. The Chief Justice of Botswana, and host of the Conference, Honourable Mr. Justice Julian Nganunu, welcomed delegates to Botswana. The Chief Justice informed the delegates that meetings of the Southern African Judges Forum are meant to provide an opportunity for judges to consult, exchange views and information on the state of the Rule of Law in each member state and the region. At such meetings, Chief Justices take stock of the capacities of the courts of their judiciaries to deliver services to their communities, and suggested improvements in this regard. Chief Justice Nganunu also used the opportunity to share some of the strategic reforms that the Botswana judiciary has introduced in its quest to improve service delivery.

5. A vote of thanks at the official opening session was delivered by the Chief Justice of Namibia, Honourable Mr. Justice Peter Shivute, who expressed gratitude to His Excellency the President for his opening speech. He noted that the opening speech had laid the foundation and would serve as an inspiration for the deliberations of the Conference. He thanked the Venice Commission, the Open Society Initiative for Southern Africa, Konrad Adenauer Stiftung, the United Nations High Commission for Human Rights and the International Commission of Jurists for their support and sponsorship. He pledged that members of the SAJF are alive to the true functions of law in their countries, which include being an instrument of social engineering, the promotion and maintenance of democracy, good governance, the rule of law and respect for human rights.

6. The Conference received presentations on subjects including:

• Constitutionality, the rule of law, socio-economic development;
• Separation of powers and judicial independence;
• Judicial review; and
• Judicial reforms.

7. Following rich discussions on these topics, the Conference agreed to the following resolutions:

a. Courts in Africa should continue to refer to international and regional human rights instruments and the decisions of foreign courts in interpreting their own constitutions where appropriate. However, African judiciaries should make wider use of each other’s decisions and infuse African values such as human dignity, equality and non discrimination.

b. Development of international human rights law and comparative law by international bodies and some African courts in the Region show that the judiciary can increasingly play an important role in the protection of economic and social rights. Judicial protection of economic and social rights does not necessarily mean an infringement of separation of powers. The African Charter on Human and Peoples Rights provides a holistic framework within which human rights in the continent should be understood.

c. There is a need for separation of powers and responsibilities to be constantly respected. The roles of the Judiciary, Executive and Legislature invariably overlap, but what is important is that each organ respects the responsibilities of the other as determined by the Constitution. Co-operation between the arms of the state is vital in the exercise of their constitutional obligations.

d. Judicial accountability is a key complement to judicial independence. Accountability must be at a personal and institutional level, and it is important that the judiciary should have the confidence of the public. Any loss of confidence in the judicial system due to perceptions of a lack of independence and impartiality is extremely damaging to the justice system.

e. Judicial review of administrative action is an important vehicle for the protection of human rights and the rule of law. Administrative law is an important tool in the protection of human rights, and the courts must uphold their constitutional duty to protect fundamental rights.

f. There is need to institute and continue judicial reform of the legal system to ensure that the judiciary delivers services to the public in an efficient and speedy manner. This can be achieved by the increasing use of information technology, reform of rules of procedure, training, increase in the number of legally trained personnel working for the courts and the establishment of special courts. Countries shall exchange experiences in this regard by sending judicial officers to benchmark in other jurisdictions.

g. The Executive Committee of the SACJF was mandated to consider the establishment of a Committee of Chief Justices whose mandate will be to promote and protect the independence of the judiciary. This shall be done through carrying out support missions in the region to deal with threats and potential threats to the rule of law, strengthening the judicial organ by making appropriate recommendations.

8. At the end of the Conference, the SACJF held their Annual General Meeting, at which they elected their new committee, which is constituted as follows:

Chairperson - Honourable J. M. Nganunu, Chief Justice of Botswana
Vice Chairperson - Honourable Ernest Sakala, Chief Justice of Zambia; and
Committee Member- Honourable Benjamin Odoki, Chief Justice of Uganda.

9. The AGM also thanked Gianni Buquicchio of the Venice Commission for his consistent support in the creation and progress of the Forum as he leaves his function as Secretary General.

10. The AGM also acknowledged the role played by its outgoing Chairperson, Honourable Chief Justice Langa of the Republic of South Africa, and expressed its sincere gratitude for his unflinching commitment and exemplary service to the Forum.

11. The official closing remarks were delivered by the Chief Justice of Malawi, Honourable L. G. Munlo. He thanked His Excellency the President Lt. General Seretse Khama Ian Khama, Chief Justice J. M. Nganunu and all who contributed to the success of the conference.

His Honour the Vice President on One Day Official Visit to Windhoek, Namibia on August 17th 2009

source: Republic of Botswana (16/8/09): TAUTONA TIMES no 21 of 2009
The Electronic Press Circular of the Office of the President
“Democracy, Development, Dignity and Discipline”


D1) 13/8/09: His Honour the Vice President on One Day Official Visit to Windhoek, Namibia on August 17th 2009

His Honour the Vice President, Lt. Gen. Mompati S. Merafhe will visit Windhoek, Namibia on Monday 17th August, 2009 for official talks with the Prime Minister of Namibia, The Right Honourable Nahas Angula.

The two leaders are expected to discuss a number of areas of mutual interest to the Governments of Botswana and Namibia with a view to advancing bilateral cooperation between the two countries.

His Honour will be accompanied by the Minister of Works and Transport, Hon. Johnnie Swartz and senior government officials.

The Vice President and his delegation are expected to return to Gaborone later on the same day.

Special Focus: Hillary Clinton’s Africa Tour and Botswana

source: Republic of Botswana (16/8/09): TAUTONA TIMES no 21 of 2009
The Electronic Press Circular of the Office of the President
“Democracy, Development, Dignity and Discipline”

C. SPECIAL FOCUS: HILLARY CLINTON’S AFRICA TOUR AND BOTSWANA

C1) Summary

Over the past two weeks the U.S. Secretary of State, Mrs. Hillary Clinton, has undertaken a well covered high profile seven nation tour of the African continent.

Throughout the tour, which took her to Kenya, South Africa, Angola, the Democratic Republic of the Congo, Nigeria, Liberia and Cape Verde, Botswana was repeatedly cited by the U.S. Secretary of State as a model of democratic stability, good governance, economic prudence and transparent resource management.

Mrs. Clinton’s accolades in favour of Africa’s oldest multi-party democracy were made in formal and informal remarks at various media opportunities and other public events, notably including a globally televised CNN “Town Hall” interview at the University of Nairobi and in her address to the Liberian National Assembly, which was broadcast, live by various international news networks.

At the CNN event, which was moderated the Newsweek Editor and prominent international commentator, Fareed Zakaria, Mrs. Clinton observed that all too often in Africa and elsewhere extractive industries do not leave sustainable economies and environments unless there are rules that are enforced. In this content she went on to add:

“I often use an example that I think is a good model – Botswana. At the end of the colonial period in Botswana, the people of Botswana will tell you it was very fortunate because the colonialists – in that case, it was Britain – left right before diamonds were discovered right? And there was enlightened leadership in Botswana who said, ‘We have diamonds. What shall we do with them?’ And what they did was to create a mechanism so that funding and revenues from the exploitation of the diamonds went to build the infrastructure. So those of you who have been to Botswana know they have a very good network of roads, they have potable water everywhere. I mean, they invested in their people.”

In her speech to Liberia’s legislators, the U.S. Secretary of State similarly observed:

"When diamonds were discovered in Botswana, the Botswana Government, the then-president and the legislature, decided that they were not going to let outsiders or corrupt insiders exploit what was the natural right to the riches of their country of the people. So they created a legal framework, and they required that any company wishing to do business in the diamond industry had to provide significant revenue for the Government of Botswana. They then put that money into an airtight fund. And if you have ever been to Botswana, you can drive anywhere. The roads are in excellent shape. You can drink cool water anywhere, because every time you buy a diamond from DeBeers, some of that money you spend goes to pave roads in Botswana. That's what I want to see for Liberia.”

As to the importance of highlighting the continent’s best practice benchmarks to the wider world, Mrs. Clinton echoed the sentiments of many Africans and friends of Africa when she noted at a Business Forum in Johannesburg that for the sake of progress:

"…we need to tell the positive stories, the South Africa story, the Botswana story. I mean, we need to tell the story of places that have really created positive conditions, and then we need to work as hard as we can to try to improve the conditions elsewhere.”

The U.S. Secretary of State began her tour with an address before the 8th Forum of the African Growth and Opportunity Act (AGOA), in Nairobi. In her remarks to the gathering she stressed the new American administrations commitment to building a new relationship between Africa, the US and other global stakeholders, including those in the private sector, based on “partnership”.

Mrs. Clinton’s emphasis on the theme of partnership at the AGOA conference and thereafter has been generally welcomed in Botswana as it clearly dovetails with a widely circulated statement jointly issued on the eve of her tour by President Seretse Khama Ian Khama, along with Presidents Ellen Johnson-Sirleaf of Liberia, Paul Kagame of Rwanda and Abdoulaye Wade of Senegal.

In there statement the four African Presidents have explicitly called on the Obama Administration to adopt a new approach towards Africa based on "Partnership not Patronage" [below].

The joint statement was originally drafted in response to last month’s [11/7/09] historic address by President Obama in Ghana, which also called for a new approach, while affirming that ultimately "Africa's future is Up to Africans". In the same address the U.S. President further observed that:

"…ultimately, it will be vibrant democracies like Botswana and Ghana which roll back the causes of conflict and advance the frontiers of peace and prosperity [on the continent]."

AGOA Forum

Botswana was represented at the 8th AGOA Forum that took place between the 4th and 6th of August by a delegation headed by the Minister of Foreign Affairs and International Cooperation, Phandu Skelemani, which also included the Assistant Minister of Trade, Duke Lefhoko and Senior Government Officials.

The AGOA Forum is an annual high level event which allows officials from AGOA eligible countries, such as Botswana, and officials from the United States of America to review implementation of AGOA and further articulate their views and concerns in order to build closer economic ties for mutual benefit.

AGOA was introduced in 2000 and has so far played a significant role in facilitating trade and investment between the US and Sub-Saharan African countries.

Also below please find for convenient reference: C2) further Examples of Clinton/media comments on Botswana and C3) the full text of the open statement "Partnership, Not Patronage" by Seretse Khama Ian Khama, Ellen Johnson-Sirleaf, Paul Kagame and Abdoulaye Wade

C2) Sample of Clinton remarks and associated international media comment on Botswana:

Listed below are samples, from over a hundred monitored articles, of U.S. Secretary of State Clinton’s recent remarks about Botswana and associated media references.

C2a) AFP - 15/8/09: Clinton came armed with examples she repeated throughout the trip -- pointing to India as proof that democracy works in developing countries and hailing Botswana for ensuring its mineral wealth funds a first-class infrastructure.

C2b) 13/8/09: U.S. Secretary of State Hillary Clinton in Liberia, addressing a joint session of the country's legislature:

"There are examples of this around the world, but let me use one example from Africa: Botswana. When diamonds were discovered in Botswana, the Botswana Government, the then-president and the legislature, decided that they were not going to let outsiders or corrupt insiders exploit what was the natural right to the riches of their country of the people. So they created a legal framework, and they required that any company wishing to do business in the diamond industry had to provide significant revenue for the Government of Botswana. They then put that money into an airtight fund. And if you have ever been to Botswana, you can drive anywhere. The roads are in excellent shape. You can drink cool water anywhere, because every time you buy a diamond from DeBeers, some of that money you spend goes to pave roads in Botswana. That's what I want to see for Liberia."

C2c) 12/8/09 U.S. Secretary of State Hillary Clinton responding to a question on how corruption on the continent can be tackled at Press Q/A in Nigeria with Nigerian Foreign Minister Ojo Maduekwe:

CLINTON: This is an area that I want to work on with the minister and with the government. I’ll just give you a quick example. It’s one that I’ve used across Africa, because it’s an African example, and that is the country of Botswana. Botswana, as you may know, has a very vibrant democracy. It’s a very stable country. And it has used the revenues from its natural resource, which, in its case, happens to be diamonds, and put it into a fund, protected that fund from exploitation by foreigners and exploitation by citizens. It said to the countries that were exploiting the diamonds, and to their companies, you have to have an agreement with us that leads to investments in the people of Botswana.

So for example, when you buy a diamond from De Beers, part of that money still today goes to help build and maintain roads and clean water systems in Botswana. You can drive anywhere in that country and you can see services that have been paid for by a legal framework, strong regulations, and a national consensus that the money from the earth and its riches should be spent on the people of Botswana. Now, companies still make a profit doing business there. Individuals still do well. But they have protected their national patrimony, and I think it’s an example for the rest of the continent, and I think we will explore some of these ideas, and of course, it is up to the people of Nigeria to determine what is best for you. But I want to be sure that I do what I can to put forth ideas that will protect the natural resources of Africa for the African people.

C2d) From 12/8/09 PANA report: On corruption, Clinton said other African countries could learn from Botswana, which ``has a vibrant democracy and a stable economy". She said Botswana had developed a legal framework that ensured that money from its export, diamonds, was spent for the benefit of the people.

``Being a sovereign nation, it's left to you, Nigerians, to decide whether to learn from Botswana" example or not. But we will do our best to put measures in place to ensure that Africa’s natural resources are used for the benefit of the people" Clinton said.

C2e) 12/8/09 CNS News Feature on Clinton, Congo and Botswana - "In Congo, Hillary Clinton Suggests Government Ownership of Industry Would be a Good Thing" - By Adam Brickley (full text), along w/ (C2f) additional published comment posted by Dr. Jeff Ramsay:

In a television interview Monday in the Democratic Republic of the Congo (DRC), Secretary of State Hillary Clinton suggested that it would be a good thing for the government to take an ownership interest in industry.

“How can you help this country?” Christian Lusakueno of the Congolese television station Raga TV asked Clinton.

“The future of this country is up to the Congolese people,” said Clinton. “The choices as to what direction you go are truly yours to make. “For example, the country has an extremely rich reservoir of natural resources,” she continued.

“Right now, the benefits from those resources are not ending up broadly developing the country. They are either being taken out of the country or they are ending up in the hands of a very few people. There are models for what has worked elsewhere. The model that Botswana used when it discovered diamonds--it made sure there was a trust fund created for the country so that all of the money didn’t leave the country. In order to let a company like De Beers exploit their diamonds, they said we want to own 20 percent of the company. And as a result, if you go to Botswana, you see good roads, you see clean water, because the people and their leaders said we’re not going to be exploited and we’re not going to let the benefits end up in a very few hands.”

Brett Schaefer, a fellow in International Regulatory Affairs at the conservative Heritage Foundation, said of Clinton’s statement: “Her phrasing was extremely clumsy.”

“I think it’s probably a mistake to urge the government to have a control, or a controlling stake, in these types of industries because government historically, especially in Africa, has been particularly prone to corruption and mismanagement,” said Schaefer.

Botswana has indeed been successful in the diamond industry, said Karol Boudreaux, a senior research fellow at the Mercatus Centre at George Mason University and the head of that organization’s Enterprise Africa Project. Boudreaux noted, however, that while Botswana has had success in the diamond industry, it history and political culture also makes its distinct from other African nations.

“I think we should be really careful about recommendations like that because we’re assuming that that government will be a good manager and a transparent manager, and an accountable manager--the way the Botswanan government has been,” said Boudreaux. “The way it works there is that the government is actually in a 50 percent-50 percent partnership with the De Beers Company, and so they jointly control this company called Debswana,” said Boudreaux. “Originally the government had a 15 percent share in that company, when diamonds were first discovered back in the late 60s and the government has increased its ownership share over time.”

Boudreaux also said that while the Botswanan government owns half of Debswana, it does not own any shares of the De Beers Group. According to Boudreaux, Botswana is also unique for the strict spending controls that the government places on itself. “One thing that’s really unique about Botswana’s national development plans is that, once they’re passed by the parliament … they cannot be amended,” she said. “They cannot go back and adjust the plan, even if their diamond revenues increase substantially. So, putting that kind of constitutional constraint on yourself is a very unusual thing to do in Africa.”

Asked to contrast Botswana with the Democratic Republic of the Congo, where Secretary Clinton made her remark, Boudreaux said: “There’s just no comparison.” The Democratic Republic of the Congo, she said, has a “history of just incredible corruption, tyranny, et cetera.” While noting that the Congolese government is making efforts to “get a handle” on mineral production in the nation’s war-torn East, Boudreaux said it is also “benefiting substantially” from illegal mining in the area. As for a Botswana-style venture, she said, “How should I put this? It’s not clear that there’ll be an initiative to extract minerals in a transparent fashion in East Congo any time soon.”

Schaefer concurred that most African nations are not like Botswana. “What you see in African countries,” he said, “is a pattern of corruption, a pattern of poor governance, a pattern of countries not using the resources that they have for the long term interest of the people. And so, while Botswana is an exception, I don’t know if it can be applied as a rule to follow for countries unless you address this critical lack of good governance.”

Boudreaux said Botswana had an advantage in that it had avoided diverting significant resources to a military establishment. “They had no standing army until very recently,” she said, “so the monies that they were generating through the diamond sector wasn’t really going to support an army, like it would be, say, in Nigeria or Angola.”

“I think, in fact, it’s very difficult to use the Botswana example and suggest that countries that have very different historical experiences can basically do easily what Botswana’s done, because I don’t think that they can,” said Boudreaux. “One thing that’s kind of unique about Botswana that you’ll hear when you visit--that I’ve certainly heard when I visited there--is that people talk about their founding fathers just the same way that Americans talk about our founding fathers,” she said. “And so they are very aware that they had a unique group of people who set up their government, who placed limits on the powers of government, and then who themselves abided by those limitations.” “That’s not a story that you hear in many other African countries,” she said.

C2f) Additional comment by Dr. Jeff Ramsay, published by CNS:

As a citizen of Botswana I appreciate and concur with most of Karol Boudreaux's analysis. But, as a matter of detail, it may be noted that the Botswana government currently has a 15% stake in DeBeers, as well as a shared 50/50 stake with DeBeers in the local diamond mining company, Debswana.

While Government has equity in the companies, it allows them to run as commercial operations, earning revenue through resulting dividends as well as royalties etc. It is also not true that our National Development Plans cannot be amended; they can but only with Parliament's consent. Over the years our planning procedures, combined with executive prudence, has indeed ensured spending restraint.

The Botswana Defence Force has been in existence since 1977. Unlike elsewhere it has remained under effective civilian control. While there are some ex-soldiers, including our current President, in political leadership positions; in each case they left the military before taking up politics.

C2g) The Vanguard (Nigeria) newspaper, August 12, 2009: Mrs. Clinton had, at the weekend, criticised Nigerian leaders for the continuous importation of refined petroleum products while occupying the position of world’s number six crude oil producer. She said it was a sign of bad leadership in the country.

“Nigeria is the 6th largest producer of crude oil but the country still imports fuel,” Clinton said at the weekend during her seven-nation tour of Africa, adding that this was a sign that the nation has poor leadership,” she was quoted as saying.

On the other hand, she praised the Southern African nation of Botswana which she described as a good example for Africa because her leaders judiciously utilized that country’s resources. The US Secretary of State had warned, “Investors will not be attracted to states with failed or weak leadership, crime and civil unrest or corruption that taint every transaction and decision.”

C2g) From Interview of US Secretary of State Hillary Rodham Clinton by Christian Lusakueno of Raga TV in Kinshasa, Democratic Republic of the Congo, August 10, 2009:

SECRETARY CLINTON: Well, I think there are several things. As President Obama also said in Ghana, the future of Africa is up to Africans. The future of this country is up to the Congolese people. The choices as to what direction you go are truly yours to make.

For example, the country has an extremely rich reservoir of natural resources. Right now, the benefits from those resources are not ending up broadly developing the country. They are either being taken out of the country or they are ending up in the hands of a very few people. There are models for what has worked elsewhere. The model that Botswana used when it discovered diamonds – it made sure there was a trust fund created for the country so that all of the money didn’t leave the country. In order to let a company like De Beers exploit their diamonds, they said we want to own 20 percent of the company. And as a result, if you go to Botswana, you see good roads, you see clean water, because the people and their leaders said we’re not going to be exploited and we’re not going to let the benefits end up in a very few hands.

So there are ways that the government of the DRC could be doing things differently. I think also in terms of transparency and accountability, many institutions in the world, like the World Bank, would be very willing to come in and help in this country. But they want to make sure that whatever help they give doesn't end up in a very few hands. I mean, you know that the human rights issues, the corruption issues are very serious. The impunity of people who commit either financial corruption or abuses of human rights means that the investors around the world don’t come unless they think that they can get their investment secure. So there’s a lot to be done, but a lot of the decisions really depend upon the government of this country and the desire of the people.

C2h) Hillary Rodham Clinton, Secretary of State, at International Development Corporation Business Event, Johannesburg, South Africa, August 7, 2009:

"So I think that we need to tell the positive stories, the South Africa story, the Botswana story. I mean, we need to tell the story of places that have really created positive conditions, and then we need to work as hard as we can to try to improve the conditions elsewhere. And that’s something that is not just to be left to government. I think investors making it clear that they would go into some places under these conditions will help to give a push to the political leadership. You need outside pressure oftentimes, and so I hope that together we can make some of those changes happen."

C2i) From Globally televised CNN Forum moderated by Fareed Zakaria of CNN and Beatrice Marshall of KTN, University of Nairobi, Nairobi, Kenya, August 6, 2009

SECRETARY CLINTON: Thank you. Look, I think that’s one of the most important questions for Africa. Africa historically has been exploited during colonialism and post-colonialism by corporations and by your own leaders so that the fruits of this richness that exists in the earth, in the waters of Africa, have not gone to the people. And it is one of the biggest concerns that I have, because there is so much money being made right now, and it’s not any one country; it’s not any one corporation. But it is unfortunately aided and abetted by poor governance that doesn’t realize that the money needs to go back to the people in very tangible ways to build the economy, to build the infrastructure, to create sustainable employment. Because extractive industries do not leave sustainable economies and environments unless there are rules that are enforced. And I often use an example that I think is a good model – Botswana. At the end of the colonial period in Botswana, the people of Botswana will tell you it was very fortunate because the colonialists – in that case, it was Britain – left right before diamonds were discovered – (laughter) – right? And there was enlightened leadership in Botswana who said, “We have diamonds. What shall we do with them?” And what they did was to create a mechanism so that funding and revenues from the exploitation of the diamonds went to build the infrastructure. So those of you who have been to Botswana know they have a very good network of roads, they have potable water everywhere. I mean, they invested in their people.’

C2j) From 6/8/09 US State Dept. Press Release: "Clinton cited Botswana as a good model country that developed well after its independence, discovering diamonds just after the British granted the country its independence. She said insightful leaders there made the decision to set up a mechanism to funnel diamond revenues into public accounts to aid the public, and that is why "they have a very good network of roads ... potable water everywhere. They invested in their people."

C3) 3/8/09: "Partnership, Not Patronage" by Seretse Khama Ian Khama, Ellen Johnson-Sirleaf, Paul Kagame and Abdoulaye Wade*

Just three weeks after President Barack Obama's triumphant return from Africa, the real challenge to achieving strategic change lies in Secretary of State Hillary Clinton's own upcoming visit. Left unsaid as the president boarded Air Force One is the fact that Africa seeks not patrons but collaborators who will work "with" rather than "for" the continent. If the Obama administration wishes to truly make a difference, it must do so as an equal partner, addressing several low-cost, high-impact priorities.

To start, developed partner countries must curb corruption abroad. Efforts by African governments to strengthen democracy and governance are weakened if money stolen from the continent can find safe havens in secret accounts in the West.

Chillingly, major OECD countries have yet to prosecute a single defendant for fraudulent and corrupt practices overseas. Poorly enforced international covenants won't deter collusion and bid-rigging in large African infrastructure contracts.

Economic equations need to change as well. Since 1970, Africa's share of global exports has declined from 3.5% to 1.5%. To reduce poverty and sustain growth, Africa must reverse this decline. Secretary Clinton has an opportunity to secure a quick win while in Nairobi, Kenya, for the Africa Growth and Opportunities Act forum this month. Expanding AGOA--the showpiece of America's trading relationship with Africa--to include a larger number of agricultural and processed commodities will help.

But if Clinton does not address U.S. agricultural trade subsidies that distort the forces of the marketplace AGOA will never realize its potential--nor will Africa be able to trade its way out of poverty.

The global recession has hurt Africa. The surge in private capital flows to the continent, driven by efficiency gains from policy improvements, has helped fund badly needed infrastructure development. Since the economic crisis, however, these private flows--which topped $53 billion in 2007, exceeding foreign assistance for the first time--have fallen by 40%. There remains an annual $40 billion infrastructure financing shortfall.

The deficit can be quickly addressed by catalyzing private partnerships to raise equity finance and by increasing funding to companies that want to invest. In addition, only a quarter of Africa's population has access to electricity. Public-private investments in hydropower would offer a carbon-neutral solution.

Loan guarantees by the U.S. Export-Import Bank for American firms wishing to invest in Africa amounted to $400 million in 2007. That year, China's Export-Import Bank guaranteed loans of $13 billion to Chinese firms investing in Africa. Closing this gap would do much to project Africa as an investment-grade destination.

In extractive industries, U.S. companies should be encouraged to change the practice of building extensive private rail, power and port assets that remain detached from the host country's often sparse infrastructure network.

Ultimately, Africa's quality of life will depend on the health of its citizens. The centrepiece of U.S. support for HIV/AIDS in Africa--the President's Emergency Plan for AIDS Relief--has helped expand life-saving treatment. President Obama has an opportunity to make PEPFAR more effective by moving from emergency to long-term support--as in the Millennium Challenge Corporation's five-year partnership model, with each country taking ownership of the design of its programs.

Finally, we need more effective and predictable development lending. The U.S. remains the main exception to the common donor practice of channelling development assistance through financial systems of recipient countries. Done with sufficient safeguards, this strengthens country ownership, responsibility and accountability. The U.S.'s reluctance to embrace shared multilateral approaches limits the impact of its foreign assistance.

President Obama's charisma, oratory and heritage have excited Africa as never before. Now substantive action that realizes the promise of his visit needs to be on Secretary Clinton's agenda during her visit to seven African countries.

* Seretse Khama Ian Khama is President of Botswana; Ellen Johnson-Sirleaf is President of Liberia; Paul Kagame is President of Rwanda and Abdoulaye Wade is President of Senegal.