Inside LEGABIBO and Pride of Africa Gaborone’s muddles
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Gay pride or LGBT pride is the promotion of the self-affirmation, dignity, equality and increased visibility of lesbian, gay, bisexual and transgender people as a social group. Pride, as opposed to shame and social stigma, is the predominant outlook that bolsters most LGBT rights movements.
Pride has lent its name to LGBT-themed organizations, institutes, foundations, book titles, periodicals, a cable TV station and the pride library. Ranging from solemn to carnivalesque, pride events are typically held during LGBT pride month or some period that commemorates a turning point in a country’s LGBT history, for example Moscow Pride in May for the anniversary of Russia’s 1993 decriminalization of homosexuality.
Some pride events include LGBT pride parades and marches, rallies, commemorations, community days, dance parties and festivals. Common symbols of pride are the rainbow or pride flag, the lowercase Greek letter lambda, the pink triangle and the black triangle, these latter two reclaimed from use as badges of shame in Nazi concentration camps.
Botswana has never had a gay pride before, and this year, it seems like things are in order to debut one. Well, by the look of things, it is going to be a rough start, sad but true! Gay prides are buoyed by many organisations, and in particular those that work closely with LGBT persons. It won’t be the case for this inaugural pride, as LEGABIBO has decided not to be part of this implausible event. Wow! One may be conjecturing why this is so, as it is a bit eccentric. I mean, I was on tenterhooks to see the organization come on board to succour with whatever assistance that may be looked-for, but it is what it is, it won’t be happening, at least for at this instant.
Lesbians, Gays and Bisexuals of Botswana LEGABIBO is a Botswana human rights advocacy group with the primary objective of seeking legal and social rights for the LGBT community in Botswana. It is the first LGBT focused organization to be registered in Botswana after years of official opposition. The organization aims to reduce discrimination of LGBT individuals and advocate the recognition of same sex couples for the purpose of adoption, accessing social benefits and same-sex marriage.
Few years back, LEGABIBO posed a question at the High-Court, asking if indeed all persons, irrespective of ethnic origin, gender, possessions race and religion are treated equally and without prejudice in this country. Few individuals applied for LEGABIBO to be legally recognized as a society by the Registrar of Societies and the application was rejected a few days later on the basis that the Botswana Constitution does not recognize homosexuals.
Another reason given was that the objectives of the organization are contrary to section 7(2) of the Societies Act. Following that miserable encounter, the organization launched an appeal with the Minister of Labour and Home Affairs, who also rejected their application. I swear it was hot in the kitchen! From one rejection to another but LEGABIBO did not give up nonetheless. The organization then filed a case before the High Court seeking a review of the Ministry’s refusal to register it as a society.
They won the case on 14th November 2014. Just few months ago, Botswana’s High Court thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. People who broke the law had faced the threat of a seven-year prison sentence.
The case was brought by a young activists who said Botswana’s society had changed since sections of the country’s penal code were enacted, banning the ‘’carnal knowledge of any person against the order of nature’’. The court agreed.
‘’A democratic society is one that embraces tolerance, diversity and open-mindedness’’ Justice Michael Leburu said. Discussing the broad costs of discrimination, he added ‘’ societal inclusion is central to ending poverty and fostering shared prosperity. The justices ruled that the law violated constitutional rights by denying dignity, liberty, privacy and equality to Botswana’s lesbian, gay, bisexual and transgender citizens. As for what the ruling could mean for her community and for Botswana, LEGABIBO Coordinator Mmolai-Chalmers said that in addition to legal affirmation, the change will open new space ‘’for addressing public health issues more efficiently and effectively.’’
So this past week, Olivia Maswikiti who is a Chairperson of the Pride Committee that organises the pride of Africa Gaborone was on a local radio station, giving listeners an assurance that LEGABIBO is part of the event, slated for the last Saturday of this month, November 30th at the Three Dikgosi Monument at the CBD. It turned out that that was a blue…if not white lie! LEGABIBO is not part of this event, so they say!
When speaking on radio, she said that Pride of Africa Gaborone is about being inclusive and proud of whom they are as LGBT community. She argued that LGBTIQ persons need to be heard and seen, as they are here and they are proud. That is right, and I absolutely support this ambition. But, I wonder why she lied about LEGABIBO being on board, or perhaps there is something we not being told here. Well, I had to do something, I had to tête-à-tête to few associates I am acquainted with from LEGABIBO to find out which is which and before sharing that with you, there was a vast, elongated statement from LEGABIBO following that radio interview, responding to allegations that they are part of the pride, or maybe they were throwing shades, we will never know!
The statement reads…’’LEGABIBO would like to inform the public that is it not part of nor was it engaged during the inception and planning of the up-coming Pride of Africa Gaborone. It has been further elaborated that the planned pride is said to be done in collaboration with Pride of Africa and it’s slated for later this month. We strongly believe in the meaning and history of pride and what it represents.
Our believe is that pride is deeply rooted as a space that in inclusive and cognisant of the various political issues such as capitalism, class, equality, autonomy, race among others. We have noted that lack of appreciating the above mentioned issues causes divisions within the movement and has erased the history and ownership by those who birthed the concept of pride on the continent. In our view, there is need to be aware of the advocacy and organising of the LGBTIQ community within the Botswana context and how the same issues could affect the processes that has gotten our movement to where it is’’
So basically, this pride has been forced to take place without proper agreements on certain issues that are paramount to the essence of having pride and is unsubstantiated? Oh, I see why LEGABIBO decided to desert it. It further reads ‘’In the spirit of therisanyo and puisanyo, LEGABIBO membership and some members of the LGBTI community gathered for a puisanyo in June 2019 to discuss future of national pride. The consensus from the engagement was that pride should be scheduled well in advance to allow Batswana from across the country to plan for their participation since that will come with transport and accommodation costs. June was also chosen as the month to recognize as pride for two reasons:
The first pride, or Stonewall Riots of 1969 which started as protests against the police brutality targeted towards the LGBTI community in New York City is commemorated annually in June, the commemorations are about the freedom of the LGBTI community. Botswana’s decriminalization victory also came in June 2019. These heavily constituted the liberation of the LGBTI community in Botswana. For these reasons, LEGABIBO membership and the LGBTI community who formed part of the puisanyo had committed to engage further on future pride with attention to the decriminalization case. Therefore, LEGABIBO Secretariat as the implementing body for membership’s wishes cannot go against their wishes.
We have communicated the consensus from the puisanyo to the organisers of Pride of Africa Gaborone and we further stated that should they be open to suggestion, we could all join forces as Botswana LGBTI community bearing in mind that we need to afford all Batswana to attend including those from faraway place without any unplanned financial inconvenience.
Ok this is serious! I have been trying to get hold of Pride of Africa Gaborone organizers to get to understand what’s going on, or at least to respond to this statement. I mean, something has to be said if indeed the content of the letter is factual, if indeed LEGABIBO was never engaged or it’s just hoopla. It’s such a phenomenal feeling to see organizations with one mandate work together towards a common goal, so if they go detached, then I guess that’s off beam.
In an exclusive interview, LEGABIBO Communications and Documentations Officer Bradley Fortuin said ‘’LEGABIBO has never been approached in terms of working together with Pride of Africa Gaborone, however, we were offered an opportunity to have a stall at the event and looking at the time frame, and pre-planned engagement, there was no one to do so. Also, to be a part of it, LEGABIBO would have to go back to its members and get a consensus from the membership’’
He further indicated that ‘’LEGABIBO is not against individuals doing events, this is what we are looking towards; the ability for LGBTIQ to self-organize and we won’t be participating at the event because it was not in our plans and all our officers are out implementing hence no one to be at the pride event’’
So, LEGABIBO concluded their statement saying ‘’we however wish Pride of Africa Gaborone a safe and meaningful pride.’’ I wish both parties could put pride aside and meet to discuss how best they can go about this one. It’s clear that some stones were left unturned, yet at the same time pride is going to take place nonetheless. I think I have said lot of stuff, without any pride so I’m out of here.
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BPS, Mosala Funeral Parlour butt heads over SA national remains
A squabble has broken out between Pule Mosala Funeral Parlour and the Botswana Police Service (BPS) over the remains of a South African national who has been in the Mosala mortuary for more than nineteen months. The deceased was one of 10 suspects who were controversially shot dead during a lengthy shootout with law enforcement authorities in Gaborone’s Phase 2 early last year.
The deceased individual’s family based in Soweto, has encountered difficulties in repatriating the body which has been in the care of Mosala Mortuary Services. Following the incident, it has emerged that all 10 bodies were transported to PFG mortuary in Lobatse for a brief period while the police attempted to locate their next of kin. Â It is reported that the families of the deceased were eventually identified and informed to come and identify their loved ones, including other South African nationals who were part of the criminal group. These families also witnessed the autopsy procedures conducted at Princess Marina Hospital in Gaborone.
Except for the family from Soweto, nine of the bodies were claimed and taken by their separate relatives. The Soweto family claims they lack the resources to bring the body back to South Africa and has made it known that they are looking for money. To end the supposed verbal agreement over the body’s storage for repatriation, Mosala Funeral Service has filed a case against the police at the Lobatse High Court.
According to Keakantse Mmotlhana, the company’s Sales and Marketing Manager, 10 people who were killed in Phase 2 by gunfire were all temporarily transferred to one of PFG’s branches in Lobatse by the police while efforts were made to find their next of kin. She expressed outrage at the statement made by the Minister of Defense and Security, recently.
After Assistant Police Commissioner Dipheko Motube called her office to apologize for giving the Minister wrong information during a news conference, she confirmed that they had accepted the apologies. He made it clear that one of the victims was still at Pule Mortuary in Lobatse.
Bushie Mosala, the director and owner of Mosala Funeral Services, confirmed that the body of a South African national has been in his mortuary for the past nineteen months. He expressed his desire for the police to remove the corpse from the mortuary, characterising the situation as a “nightmare.” He has instructed his legal team to file a lawsuit against the police in the Lobatse High Court concerning the body.
Mosala urged the acting Police Commissioner to come forward and apologize to the nation for the situation, asserting that the public has the right to know the truth regarding the body of the South African national, w
C -002Bhich was preserved by the police as evidence.
The South African High Commission in Gaborone had not responded to queries from Weekend Post at the time going of going to press.
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BOSETU frustrated by Gov’t new dispute winning strategy
Botswana Sectors of Teachers Union (BOSETU) has expressed alarm over a troubling trend by the government. Tobokani Rari, Secretary General of the BOSETU, stated that it appears that these days, whenever there is a dispute between workers and the government, the administration is fast to run to the courts to attempt and muffle unions.
“This is quite disturbing development, we have seen it with the Botswana Doctors Union, there was a disagreement over the shift allowance, government rushed to court, they indeed got order that was saying the doctors should go and do the work. We have seen it with the nurses, they rushed to court they got the order, we are now seeing it with the teachers, they rushed to the court and they got what they wanted,” said Rari, who also served as the Secretary General of BOFEPUSU.
Rari raised concerns that the government’s enforcement of teacher’s work, through a court order will result in reduced classroom productivity and morale. Rari added that this situation would negatively impact labour relations and teachers emotional wellbeing due to dissatisfaction in their work places leading to persistently poor academic outcomes.
“You can get an order that forces people to work, but what happens at work, it heightens emotions, it destroys relationships and the morale goes down and productivity does. Courts and judgments don’t solve productivity issues. Productivity only comes when people are satisfied at the workplace, so if you force them to work through a court order then you may not get the maximum out of the working population,” said Rari
MESD vs BOSETU COURT CASE
“As you are aware, the Ministry of Education approached courts and they were demanding three things from the court in this case between BOSETU and the ministry. First, they were demanding that the joint letter that was written by BOSETU and Botswana Teachers Union (BTU) asking members to stop doing course work because there was no agreement be declared unlawfully and BOSETU should write to its members and withdraw that letter within 24hrs. The second thing that they were looking for, was to interdict BOSETU from further issuing any instructions to that effect going forward. Lastly was that court should hold BOSETU to pay the cost of the lawsuit on a punitive scale,” Rari said.
Rari stated that the court decided to rule in favour of the Ministry of Education on all three relieves sought, that the savingram should be declared unlawful, that BOSETU should withdraw the contents savingram within 24hrs.
Court also said BOSETU should not issue any of such instructions going forward up until the case of contempt that BOSETU has taken to court, the contempt of the 2009 judgment has been decided. Court also awarded cost to the ministry on a punitive scale.
“BOSETU is a law abiding citizen and therefore we are bound by any laws and judgments that are there in Botswana and arise on the courts of Botswana hence we have complied with the order. On the 31st after the court case, we wrote to all our members and told them that the contents of that savingram as far as coursework is concerned has been withdrawn,” said Rari.
Rari said what happened in this case is that the judge decided to listen to the urgency without the responding affidavits of the opposing party, BOSETU, and went on to rule the merit of the case, which surprised the union.
“However we have been in discussion with our lawyers because if we leave things like this, we feel like we cannot leave that unchallenged. We have taken a decision to appeal the judgment,” Rari confirmed.
2023 COURSEWORK AND INVIGILATION AGREEMENT
“We would like to make our members aware that the following day after the judgment, we were able to meet the Ministry of Education and we have arrived at a conclusion that we signed an agreement that coursework rates will be increased by 5%. If court had ruled that coursework is the duty of the teachers’ means it wouldn’t have been any agreement after the court case, it tells you that the issue is still open and it is on the table. We have arrived at an agreement that there is going to be an increment on all components of coursework and invigilation,” Rari pointed out.
Rari further explained that Article 2 says union party is to submit detailed proposals on the intensity of the coursework for further engagement. Intensity of coursework means where the coursework payment starts in terms of varying from different subjects. He said the outcome based subject that are taught Maun Senior Secondary School and Moeng college which are agriculture and hotel and tourism is that ministry have agreed and acknowledge that there are some peculiarity in their coursework and  therefore should be paid in line with the peculiarities that are contained in their coursework.
CONGRESS RESOLUTION
Rari pointed out the resolutions taken at the conference where the issue of application of corporal punishment was addressed.  “BOSETU will issue out a memo to their members to advise them that they should not apply corporal punishment, they should leave it to be applied in line with the Education Act.”
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BMC sees red as mass buffaloes disrupt plans to supply schools
The Botswana Meat Commission (BMC) which had struck a deal with the Ministry of Education to supply some schools in the northern part of the country is counting losses as mass migration of buffalos jeopardize the Commission’s plans.Â
Information reaching this publication shows that the beef exporter was recently given the greenlight to supply government schools with beef. According to documents seen by this publication, as a result BMC had scheduled to buy and collect cattle in the Nata-Gweta and Boteti constituencies from 11 to 17 September.
This was after BMC and the Ministry of Education struck a deal for the former to supply government schools with beef. Letters exchanged between Ministry officials state that it has been recommended to the ministry to support BMC by allowing it to supply schools with beef products.
The Ministry indicated that it was aware that some schools have contracts that are currently running with suppliers such as local butcheries.
The Ministry revealed that at the same time BMC has 256 tins of frozen quality meat at its Maun Plant.
The Ministry requested the Director-Regional Operations to appoint an officer to manage the procurement of meat for schools that do not currently have running contracts. The Ministry further stated that Modalities of collection will be arranged between the region and the schools identified.
According to the Ministry, a list of schools including the condition of their cold rooms and their number of deliveries and kilograms per week they buy should be compiled. The Ministry also requested its officials to share the list with headquarters and the acting director-Basic Education, and engage BMC accordingly to procure.
But this plan ran into trouble after it emerged that between 300 to 500 buffalos migrated from the buffalo fence area to Nata, Dukwi and Mosetse areas.
The Department of Veterinary Services sprang into acting by revising movement protocol for cloven-hoofed animals with immediate effect following buffalo sightings in zone 3b which covers Nata/Sowa, zone 3c which is around the Dukwi areas as well as zone 6a, which covers the Mosetse area, which fall under zones, 3b, 3c, 5,6a and 8.
The Department of Veterinary Services indicated that as a result, movement of live cloven-hoofed animals and their products out of zones 3b, 3c, 5, 6a and 8 were prohibited and that movement of live cloven-hoofed animals within and into these zones is only allowed for direct slaughter at licensed slaughter facilities under veterinary movement permit issued through BAITS.
The department also indicated that the movement of fresh products derived from cloven-hoofed animals such as raw milk, skins and fresh meat into these zones is also only allowed under a similar arrangement.
Movement of live cloven-hoofed animals into these zones for rearing and other purposes will not be allowed, and farmers and the general public is requested to continue being vigilant and report any buffalo sightings to the nearest veterinary office, the police or the Department of Wildlife and National Parks, the department said.
Meanwhile the Ministry of Agriculture has stated that following the press release on prohibition of movement of live cloven-hooved animals and their products in and out of Zones 3b, 3c, 5, 6a & 8, the acting Minister of Agriculture Karabo Gare, his counterpart Acting Minister of Environment, Wildlife &Â Tourism Mabuse Pule, acting Permanent Secretary in the Ministry of Agriculture Mr. Joshua Moloi, Director of Veterinary Services Dr Kefentse Motshegwa and other government officials visited the areas of Sepako and Dukwi respectively on a mission to consult with communities regarding the invasion of the places by buffalos.
Minister Gare alluded that they have been sent by the President of Botswana, who is equally worried by the current situation. He noted that the affected areas have a total of around 300000 cattle and if the situation goes unchecked, there might be detrimental effects on the economy of this country.
He encouraged the communities to help government going forward by reporting any spotted buffalos in their areas, emphasizing that buffalos are dangerous and can kill people and that care should be exercised at all times.
The Director of Veterinary Services mentioned that they closed the above mentioned zones to allow for testing of buffalos & cattle for foot & mouth disease. The wildlife department’s Director Mr. Moremi Batshabang assured farmers and the community that they will eliminate small clusters of buffalos found within communities and translocate larger clusters to ensure their safety.