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Churches not required to register with FIA

22 Jun 2022

Dissimilitude between the Church and the Registrar of Societies over registration of churches abounds.

While social media is abuzz with suggestions churches will now be required to register with the Financial Intelligence Agency (FIA), the Ministry of Labour and

Home Affairs, in partnership with the agency have refuted the claims.Said Acting Deputy Permanent Secretary Mr Thamsanqa Silitshena: “The changes to the Societies Act are not intended to stop the church from executing its mandate, but rather to supervise and monitor it to minimise the risk of committing financial offences.”

Among the requirements are that anyone with a criminal record who intended to hold office in a church, must seek a pardon for their crime. Only after their record was expunged, could the person hold office, he said. In fact, the requirement was with regard to all societies, and not just churches.

Mr Silitshena said the changes were intended to ensure Botswana’s laws complied with international financial regulations, following its grey listing, and not to take away an individual’s right to join any society, including a church.

He said churches that initially registered under the 10-member dispensation would be allowed to re-register with that number while those registered after the law increased the number to 150

in 2016, would also be expected to provide as many members. He said that essentially, they were giving churches a new lease of life, even those that had failed to update records.

Mr Silitshena therefore advised all churches to re-register. Department of Civil and National Registration acting director, Ms Vuyelwa Segokgo, said the new law was actually designed to protect churches from criminals.

Churches, being not-for-profit, were dependent on donations,which made them easy targets for money launderers, she said. “Our laws were reviewed to regulate financial activities in

churches to ensure that they are not tainted by criminal acts. We want to guard against such practices and ensure that the church continues to perform its duty,” said Ms Segokgo.

She made assurances that they would not cease registering societies.

“Nothing has changed. All wedid was just to strengthen our laws,” she said. She added the new requirements were a call to the churches to engage people with financial acumen and qualifications

to run their monetary affairs. A FIA official, Ms Cathrine Moalosi said societies were not required to register with the agency, but were

rather required, by law, to submit financial reports to it whenever they discovered suspicious financial transactions.

Ms Moalosi said not-for profit organisations such as churches, were often used by criminal groups, including terrorists to launder money. While acknowledging the need for regulation, the Church remains

unhappy over what it has termed an arbitrary decision by the ministry.Even more grievious to the Church, according to chairperson of Botswana Network of Christian Communities Bishop Metlhayotlhe

Beleme, is that the new law negates the very essence of redemption.

“The new law has overlooked the primary mandate of the church, as it does not allow someone with a criminal record to hold a leadership position,” he said.At best, therefore, the law could only serve to counter the work of the church, he said. Bishop Beleme said the new law would constrain people from serving God and preaching the Word.

It also permanently condemned those who once sinned, as it would not allow them to serve the church in whatever capacity without taking them through the rigours of applying for presidential pardon.

“Also serving in the church is voluntary and you do not need to have a certain level of education to understand the laws of Christ and do His service,” he said. The Bishop said had government consulted adequately, the Church would have pointed out ‘these anomalies.’

“I believe some issues would have been ironed out by consulting all stakeholders,” he said. According to Bishop Beleme the ministry only consulted the Church prior to 2016, following concern over mushrooming of church organisations, subsequent to which government introduced the 150-member requirement for church registration.

“In our engagements with the Registrar of Societies, concerning the latest changes, they told us the reason for lack of consultation was because the country was time pressed and had to amend its laws relating to counter-terrorism and money laundering.”

He affirmed the Registrar of Societies had not stopped registering churches, and added that gave hope government would get back to them. Bishop Beleme

nonetheless urged churches to comply with the new law. ENDS

Source : BOPA

Author : Moshe Galeragwe

Location : GABORONE

Event : Interview

Date : 22 Jun 2022