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The threat of counterfeit goods

In recent months, this column has raised many interesting discussions about some national security threats that Botswana faces ranging from money laundering, trafficking of drugs, proliferation of small arms and light weapons and a host of other security issues.

However, the threat of counterfeit goods to public safety is an important security issue that has received little attention in Botswana whenever national security issues are discussed.

The recent busting of a large cache of boxes of cigarettes and alcohol by state security agencies in Gaborone as well as the flooding of the black market with large bales of pasta has raised some concerns about proliferation of counterfeit goods in Botswana.

The proliferation of counterfeit goods in Botswana is a national security issue as it impacts on almost all the seven dimensions of human security. The act of counterfeiting not only harms consumers but also imparts a massive blow to the economy of this country. It has an adverse impact on the economy because the majority of the counterfeit products are illegally smuggled into Botswana by organised criminal syndicates through ungazetted points as Botswana has very porous borders with many ungoverned spaces.

In addition, there are also the challenges of connivance between some members of state security agencies and criminals where bribes are exchanged so that counterfeit products/goods can be smuggled into Botswana. As a result, Botswana loses millions of pulas annually in potential tax revenue. Sadly, this is the money that the country needs to provide socio-economic services to the people such as healthcare, education, housing, social security and provision of better infrastructure. In simple terms counterfeiting has a direct effect on government expenses and tax revenues.

When it comes to the dimension of health security, fake products are manufactured in unregulated conditions, using low-quality materials, and do not go through mandatory quality checks. Many counterfeit products such as medicines, electrical and electronic accessories, toys, food items, car parts, pose a serious threat to the consumers’ well-being. It is very common in Botswana to find people selling some pharmaceutical products in the black market.

These products range from contraception/abortion pills to skin-care products that are sold outside the regulatory framework of the medical authorities. Some people have lost their lives while others have suffered some serious medical conditions after using these counterfeit pharmaceutical products. Furthermore, during the COVID-19 lockdowns, there was massive smuggling of counterfeit alcohol that really posed a health security risk to many of those who consumed this counterfeit alcohol.

The dangers posed by these products and the reported fatalities from their consumption are real. For example, the World Health Organisation (WHO) estimates that more than a quarter of the medicines in Africa are counterfeited. Their use leads to failure to provide treatment and in some cases, the emergence of drug resistance strains of diseases. When the drugs are adulterated with toxic chemicals, this results in serious injury or death. Sadly, 45 million counterfeit anti-malarial courses valued at $438 million were sold in West Africa in 2008.

Also, several incidents of counterfeited food products with fatalities have been widely reported in the media recently. A good example that comes into the picture is the recent circulation on social media of counterfeit pasta that is sold in the black market in Botswana. The health security concerns about the counterfeit pasta even forced the Ministry of Health to release a public statement warning the public to desist from consuming such a product due to associated health risks.

All in all the production and trafficking of counterfeit goods poses a significant health and safety threat to consumers. It also impacts the economic growth of legitimate businesses and consumers through lost revenue, downtime, and replacement costs. Paul Orhii describes the crime of smuggling counterfeit products as “an act of economic sabotage and terrorism against public health which should not be condoned.” Hence systemic challenges aside, the major test for African countries such as Botswana is how to identify the crucial and appropriate shortcomings in order to effectively address counterfeiting and piracy.

There is a huge need for state security agencies to engage in inter-agency collaboration to fight the flooding of Botswana markets with harmful counterfeit products especially those life-threatening pharmaceutical products. Of utmost importance is for Botswana to have a very robust border security management strategy to close all the loopholes that make it easier for counterfeit products to be smuggled into Botswana. For example, Botswana should establish a fully functional Border Security Management Agency whose main responsibility is border security management. The agency must be fully resourced with the latest technology to enable it to perform to its maximum best.

In addition, there is need to combat and root out the corrupt symbiotic relationship between some members of state security agencies and organised criminal syndicates involved in the smuggling of counterfeit products. Botswana needs to be proactive than reactive when dealing with the threat of smuggling of counterfeit products. In other words, smuggling of counterfeit goods should be securitised or made one of the national security priories where all efforts and resources are channeled into combating this glaring threat. Without doing so, we might live to regret for not taking appropriate action against the smuggling of counterfeit products.

In summation one can safely argue that the proliferation of counterfeits and pirated goods pose widely differing threats.

This should assist governments such as that of Botswana to prioritise and determine the most suitable response. There is also a pressing need for a sober debate on the effect of the crime on African consumers. Without a doubt, life should always trump profits, thus any strategy to combat counterfeiting and piracy should not be done at the expense of African consumers’ basic needs.

Further, fighting the crime should be done alongside other policies. African governments themselves give counterfeits a drive when they impose substantial taxes on essential life saving medicines, for instance. Therefore, it is vital to counter the spread of counterfeits and pirated goods with the right tools to avoid losing the current momentum.

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