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BSE lifts Collins Newman suspension

Botswana Stock Exchange (BSE) has re-admitted local law firm Collins Newman & Company into the list of its registered advisers after suspending the legal practice early this year. In a circular made public on the 28th of March 2019, the Thapelo Tsheole led stock market officially announced the suspension of the law firm.

Collins Newman, run by prominent lawyer Parks Tafa, was this year entangled in court cases as it fought for its blood, following a decision by the Law Society of Botswana (LSB) not to award the legal practice with a license for this year. LSB further made an application to have the firm placed under curatorship.

Consequently the Master of the High Court appointed a curator to take control and administer the trust funds under Collins Newman & Co. The Deputy Registrar and Master of the High Court of Lobatse, Takura Charumbira then appointed George Simanga, a certified auditor of the Abson Partners, as curator to take control and administer the trust accounts of Collins Newman.

Tafa and his law firm then moved an application to be put back on the legal practitioners’ roll as well as be issued with Practicing Certificates and Fidelity Fund Certificates, prior to being struck off the roll by LSB insisting that they had failed to produce audited reports. In a case before Lobatse High Court Judge R.N.M Lekorwe, Collins Newman and Company were represented by Advocate Paul Kennedy by instruction of Attorneys Ms Makati-Mpho and Ms KT Kebotse, while the Law Society of Botswana was represented by Advocate John Peter with Advocate M Garebatho under instruction of Attorney Mr K Botlhole.

The court then ruled that the decision of the third respondent refusing to issue Collins Newman and Company and Parks Tafa with Fidelity Fund Certificate(s) be reviewed and set aside. Law Society of Botswana was then ordered to issue Collins Newman and Company with Fidelity Fund Certificate(s) for the year ending 31st December 2019.The Sixth Respondent was also ordered, upon presentation of the Fidelity Fund Certificate(s) and payment of the prescribed fees, to issue Practicing Certificates to the First Applicant/Collins Newman and Company and restore the applicant’s names to the register/roll in terms of Section 32 (5) of the Legal Practitioners Act.

Judge Lekorwe further ruled that the order issued by Takura Charumbira in his capacity as the Deputy Registrar and Master of the High Court on the 4th July 2019 be set aside. The First, Second and Third were also ordered to pay all costs for  application and those associated with the defective curatorship proceedings jointly and severally, the one paying the other(s) to be absolved.

BSE this week in a circular dated 17 December 2019, announced that in terms of the High Court Judgment dated 30 August 2019, in which the Registrar of High Court was ordered to issue Collins Newman with practicing certificates, the latter’s suspension has been lifted consequently re-admitting the firm into the List of BSE Registered advisers as it is now fully compliant.


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Gov’t shy to shame failing ministers

22nd February 2021
Morwaeng

Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.

Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.

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Bokamoso, Gov’t in P10M womb removal suit

22nd February 2021
Bokamoso

Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.

The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.

According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.

Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead.
According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.

“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.

The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.

What are fibroids?

Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.

The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.

Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.

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Masisi warned against a sinking Botswana

22nd February 2021
Ndaba GAolatlhe

The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.

Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty.  “Our young people have lost the fire to dream about what they could become,” he said.

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