27 Sep 2020

 The Ministry of Defence Justice and Security has dismissed as misleading speculation, a recent article in the Sunday Standard newspaper of September 20-26, 2020 under the headline; Masisi Created his own deep state?.

A press release from the ministry says the article appears to have been intended to peddle distorted information by stating that government enclave is discussing a new law which, according to Sunday Standard, will empower the executive to take full control of Botswana’s mass surveillance state; subvert independent oversight of mass surveillance state; expand the President’s overreach; and close out the Judiciary and Parliament out of the country’s mass surveillance state.

The ministry wishes to dismiss those malicious allegations as completely false, distorted and misplaced, the release says.

The release adds that it is a blatant untruth to suggest that government has any intentions to subvert any oversight institution.

The ministry further states that it is equally false and preposterous to suggest that government may ever consider to subvert the constitutionally entrenched separation of powers or interfere with the independent governance arms of the judiciary and the legislature.

The Constitution, states the release, also protects the entrenched Bill of Rights, which would not permit surreptitious interference by government.

The newspaper’s allegations are hence absurd and mischievous. Entrenched constitutional provisions cannot be amended in a whimsical and capricious manner, says the release.

The ministry also provided a context to the misrepresentation of information by the Sunday Standard newspaper, saying Botswana’s grey listing by the Financial Action Task Force (FATF) is a matter of national concern and importance.

The release states that all stakeholders in government, private sector and non-state entities are currently working around the clock together to reverse this regrettable situation.

The ministry also confirms that the Eastern and Southern Africa Anti-Money laundering Group (ESAAMLG), which is an inter-governmental organization and a FATF–style regional body, reviewed Botswana on her compliance to TATF Recommendations (standards) on anti-money laundering, counter terrorism financing and counter proliferation financing in 2016.

According to the release, the Mutual Evaluation Report (MER) which was approved and adopted by the ESAAMLGG Council of Ministers in 2017, identified a number of deficiencies which Botswana had to address in order to be fully compliant to the FATF Recommendations.

Botswana has therefore developed a national response strategy in the form of a post evaluation Anti-Money Laundering / Counter-Financing/ Counter-Proliferation Financing (AML/CFT/CPF) Implementation Plan to address all the gaps identified in the MER, states the release.

The ministry also clarifies that much effort to reverse the deficiencies continues to be employed through legislative, policy, institutional, structural and other reforms.

Among the deficiencies identified in the 2017 Mutual Evaluation Report on Botswana is one in relation to TATF Recommendation 31 on powers of law enforcement and investigative authorities.

ESAAMLG had among others, observed that “the powers of law enforcement and investigative authorities are limited in scope as they do not extend to recording of witness statements carrying out undercover operations, and asking for all relevant information.”

The release also points out that it is against this background that the ministry is currently engaged in discussions with the Attorney General and other relevant law enforcement agencies to develop the most appropriate legislation for Botswana to address the identified deficiency in order to ensure compliance to the recommendation in question.

It says the action by the ministry is therefore a compliance response to binding international obligations and not a domestic legal initiative.

At this time, a bill does not even exist since no sanction has been granted on the ongoing effort to address Botswana’s identified deficiencies on FATF Recommendation 31.2; neither has any decision been taken on the form, content, appropriate style and context of the envisaged legislative intervention, states the release.

In addition, the release notes that the FATF Recommendation 31 requires that authorities conducting investigations should be able to use a wide range of investigative techniques for the investigation of money laundering, associated predicate offences and terrorist financing, including (a) undercover operations; (b) intercepting communications and (c) accessing computer systems amongst others.

The ministry also explains that the above FATF standards and recommendations are therefore compliance requirements on members of ESAAMLG and the ministry’s actions are designed to address such binding international legal obligations.

They are not home-brewed domestic legal intentions to subvert any law of the land, as alleged by the newspaper.

The release explains that once a bill has been developed it will be published in the Government Gazette in the usual manner for public consideration.

The ministry, states the release, continues to focus on its mandate of overseeing matters pertaining to the defence, justice and security of Botswana.

The release says it is important to ensure that the necessary legislative framework for efficient operations of law enforcement agencies is in place. Such legal frameworks should among others, protect Botswana from security threats, which include money laundering, terrorism financing and proliferation of weapons of mass destruction and its financing, adds the release.

The ministry therefore refutes completely, the malicious attempt by the Sunday Standard newspaper to mislead the public on this subject matter. ENDS