01 Feb 2022

Members of Parliament on Monday expressed their reservations on the Real Estate Professionals (Amendment) Bill, saying it excluded rehabilitated ex-convicts.

The amendment aims to align local laws with recommendations of the Financial Agency Task Force (FATF). Presenting the Bill, the Minister of Land Management, Water and Sanitation Services, Mr Kefentse Mzwinila said a new clause on ‘fit and proper’ had been introduced which defines people who should be accepted as real estate professionals.

Real estate practitioners must be ‘fit and proper’, meaning they should not have criminal backgrounds and they should also not hold a management position in a company that has been barred from trading.

Debating the Bill, MP for Kanye North Mr Thapelo Letsholo said while the bill had good intentions it was discriminatory, as it did not allow rehabilitated Batswana to participate in the mainstream economy.

He said people should not be punished for the rest of their lives, adding this was equivalent to double jeopardy as the former convicts had already served their time in prison.

MP Letsholo further said he could not understand why Batswana were barred from having businesses while previously convicted MPs and lawyers were allowed to return to Parliament and practice after serving their sentences. Gaborone North legislator, Mr Mpho Balopi also called for classification of crimes, noting that the Bill was against government’s policy of building an inclusive economy.

He pointed out that Botswana was free to localise FATF recommendations rather than implement laws that disenfranchised citizens.

MP Balopi said as government wanted to build an inclusive economy, it should domesticate FATF recommendations and align them with local situations.

MP Goretetse Kekgonegile of Maun East also supported the Bill; although he was concerned that former convicts would be barred from participating in the economy. He also said he was worried that some people’s image might be damaged by the companies they worked for and be punished for matters they did not participate in.

At the end of the day, the Bill was approved for Committee Stage, where amendments to clauses would be discussed.

Another Bill that passed for Committee Stage was the Precious Stones and Semi-Precious Stones (Amendment) Bill, which Members of Parliament also said made it difficult for Batswana to participate in the mineral sector, especially the diamond industry.

The Minister of Minerals, Green Technology and Energy Security, Mr Lefoko Moagi said the intention was to implement recommendation number 28 of FATF. FATF Recommendation 28 addresses regulation and supervision of designated non-financial businesses and professionals.

MP Sam Brooks of Kgalagadi South said the laws must be with Batswana in mind, and not merely to meet FATF recommendations.He said the Bill was going to make it difficult for Batswana to venture into the diamond industry as it introduced stringent licensing requirements. For his part, Lerala-Maunatlala MP Mr Setlhabelo Modukanele welcomed the Bill, saying it would protect Botswana from briefcase investors.

He said the diamond mine in Lerala had failed to add economic value as it had frequently changed hands and was currently not operating.

MP Modukanele said government must do everything in its power to ensure the country avoided grey listing by the FATF. ENDS