Welheminah ‘utterfly’ Mpheong Maswabi writes: “All the facts deposed to herein are, save as otherwise provided, within my personal knowledge, information and / belief and are true and correct in every respect.
Where I make legal submissions, I do so on the basis of legal advice I received from my attorneys, which I verify believe to be true and correct. I also make reference to what I have been told by my attorney Phatshimo Mphetolang, who has deposed to a confirmatory affidavit. I am an adult female of full legal capacity, presently held at the Women’s Prison at the Village Gaborone, where I am remand prisoner, otherwise I am ordinarily resident in Gaborone, plot 60407, block 7 Gaborone where until my arrest and detention I lived.
I am employed by the Directorate of Intelligence and Security Services as a senior intelligence officer. I bring this application to seek the reliefs set out on the notice of motion. In particular, I beseech the court to rescind and set the Remand order issued on the 18th October 2019 by court a quo. The basis for the challenge stems from a violation of my sacrosanct constitutional right to legal representation.
On the 17th of October 2019 at around 1515 hours, I was in staff meeting at my work place when I was abruptly summoned out of the meeting by investigating officer who indicated that I am under arrest and that they had a warrant of my arrest which empowers them to take me away into custody. They immediately took away my personal belongings, in particular my hand bag which contained my mobile phone, house keys, car keys and my wallet that contains my bank cards and national identity cards.
At that point I requested to contact a family member and my attorneys and I was informed that I will get a chance to contact them after I have been charged. I was then ushered into a police into a driven at a high speed to the Criminal Investigation Division (CID) in Gaborone. On our way there I insisted on talking to my lawyer and family member. Even upon arrival at the CID I reiterated my request to make contact with my attorney or any member of my family. I was vehemently denied the opportunity to do so. Instead, I was told that I am a difficult person and that they were forewarned about my difficult disposition. They didn’t say by who.
I was kept at the CID for questioning form the time we arrived until 2000hrs and the entire time I was grilled with unending questions by several officers among the being Mr Mashabile, Mr Mabona, Mr Gaotingwe, Mr Hobona and Ms Seretse. Afterwards I was taken to Naledi Police Station where I was put in a holding cell overnight. Even at that point I requested to contact my lawyer or family member to no avail.
I was not surprised at the refusal by the Police because when I arrived at Naledi Police Station, the above officer who handed me over to the police officers were strictly instructed, in my presence and hearing, that I should not be assisted with anything. More specifically not to be given access to a phone or have any contact with anyone outside Police station.
On the morning of the 18th October 2019, at around 0730hours, I was taken from Old Naledi Police Station by the investigating officer, I was taken to my work place where a search of my office was conducted as well as a my personal motor vehicle albeit without search warrant. Afterwards, I was then immediately whisked away to Broadhurst Magistrate Court. Even on my way to court and at court, I made the request to talk to my lawyer, It was refused. When we arrived inside the court room that is when I was serve with a copy of charge sheet dated the 17th October 2019. Immediately afterwards, court was in session and the proceedings began. The magistrate was ushered into the courtroom and the matter was called up by the Court bailiff.
It is crucial to note that the proceedings by the magistrates were forced to halt momentarily as I was still reading the charge sheet as I was only having sight of it then. When court began, I openly made a request to call a lawyer so that they can represent me. Instead, the prosecuting officer summited that the matter is one which required to be held in camera/ private and away from the public. I then inquired as to whether this excludes the attendance of my attorney and I did not get an answer and instead the matter nonetheless proceeded I also made the request to engage a lawyer after the charge were read to me and after my right were explained to me that I have a right to legal representation. Despite the fact that I had made it clear that I want a lawyer to represent me, court proceedings did not halt, instead an order for my remand was issued and I was informed that I will detained at the Women’s prison in pursuance thereof for 14 days.
Immediately thereafter, I was whisked away to police headquarters in Central Business District (CBD). When we arrived there, that is when a phone was availed to me by one Mr Mashabile to call my lawyer’s office at around 1430 hours. I informed them that I have been arrested and being taken to Women’s Prison and they should come quickly. From there I was taken to women’s Prison to be received by the prison officials. Immediately after being checked in I was the escorted out by the same investigating officer to be taken to my residence in Block 7, Gaborone where I was informed that a search is going to be conducted.
As we were exiting through the gates of Women’s prison, my attorney Phatsimo Mphetolang and my nephew Sean Maswabi were waiting outside the gate. I quickly handed my attorney a copy of the charge sheet and told her that I am being taken to have my house for searching where she shortly arrived behind us.
When my attorney proceed to inquire from myself within earshot of the investigation officer of the investigation officers into details of the charge sheet and my arrest to engage with me, she was lashed at the investigating officers and fearfully told that she is obstructing justice and interfering with police investigation and demanded to leave the residence. She left, but returned a few minutes later to observe the search. The search was concluded at around 1730 hours and I was taken to CBD later on to Women’s Prison at around 1900hrs.
I only managed to consult and speak to my attorney on the Saturday morning. 19th of October 2019 after the fact. My lawyers verily inform me hat on the 21st October 2019 they attended at the Broadhurst magistrate Court to secure copies of the court record detailing all that transpired leading to the issuance of the granting of court order for my remand. They inform me that they managed to secure a copy of the court as I had not been furnished with it by the prosecuting team after it was granted against me.
They proceeded to request for a formal record of proceedings from court to confirm my assertions made in the affidavit herein and at the time of making this application it was still made available to them. Annexed hereto is a copy of letter making the request marked “WHM 1-3.” My attorney informs me that she met with the court reporter, Ms Baleseng who verify informed her that she will be away from the office from the 22nd October 2019 onwards as she is an election officer in the upcoming 2019 general elections and will only assist with the transcribed record after the elections when she has reported for duty bearing in mind that the 23rd, 24th and 25th of October 2019 has been declared public holidays and she will not be working.
My attorney proceeded to draft the urgent application and came to see me to go over the court documents together for my input around 1500Hours. Count 1, I am accused of having pecuniary resource disproportionate with my present or past known sources of income. I have not been questioned about my assets and means and even if I had being, the prosecution does not need me in jail as I believe they would have already investigated to come up with such charge.
I submit that the first element of the charge is clearly not met as I have not been given the opportunity to explain my assets, which would have would have been the first logical thing to do as demanded by the law. I find it strange that u could be said to have amassed wealth or asserts disproportionate to my means when I do not even have a house to my name or hefty bank account to myself. Firstly, I am accused of transferring money to Isaac Kgosi on the date unknown, the date in my view should be easy to establish from the documents or whatever instrument that gave rise to the charges.
Secondly, I do not have an offshore account in the names given or any other name. Thirdly, I have no knowledge of Blue File (PTY) Ltd and have never been a signatory to its account. I was then handed the affidavit to me in my prison cell by Ms Makula. I am advised that the prison official refused to commissioner of oaths to see me in a person in order to depose to the affidavit as required by the law. No amount of persuasion helped and I am told Ms Makula telephoned Ms Nfila who apparently is the boss and ask if they can open the cell for me to meet the commissioner of oaths and that she refused.
I am advised that my attorney Ms Phatshimo Mphetolang, Mr Uyapo Ndadi, together with Mr Maswabi had to turn back at around 2000hrs and arranged with Ms Makula to come the next day and were informed that the earliest opportunity to see me is at 0830hours. The refusal by the prosecution to allow me legal representation has greatly prejudiced me. It is also unclear that my efforts to seek redress from the court are also frustrated by the authority’s refusal to assist me with commissioning my affidavit.
With respect to the Third count, I do not have to be incarcerated for it as the charge clearly states the nature and specifics of it.” If I had been given the opportunity to engage a lawyer, it would have come out that the passport was used for one intelligence mission abroad which details I am happy to share with the court in camera and was at the behest of my employer, being the DIS and Mr Mabuse Pule, the head of the Immigration Department at the time. The name was my operational name as it is customary in the intelligence field.
After completing the mission, I personally handed over the passport to the director General at the time, and I saw him put it on the safe. I have no knowledge of what he did with it afterwards. But I can confirm to the court that I never had to use it again afterwards.” Uyapo Ndadi who is also representing her in this matter said, “the court postponed her bail application to the 29th October 2019, at 830am.
In summary, she details how she was denied contact with her lawyers and family upon arrest and that she was only allowed to talk to her lawyers after the court issued an order detaining her. After that, the prison officials refused to commission her affidavit saying they have been instructed not to do so. This meant she could not approach court earlier. Her lawyers had to bring another lawyer from outside to assist with the commissioning of documents so that she can then apply for bail.”
From time immemorial the church was seen as a sacred haven for weary souls and those who need rest from worldly aches and pains. This is even written in the Holy Bible; “Come to me, all you who are weary and burdened, and I will give you rest.
Take my yoke upon you and learn from me, for I am gentle and humble in heart, and you will find rest for your souls. For my yoke is easy and my burden is light,” Matthew 11:28-30.
This being said, anyone would be forgiven to think that the first place to run to would be the church. Time has however changed this.
The atrocities perpetrated by the church and their pastors or those who have been called upon to ‘lead the flock’ have not only distorted their mission, they have caused followers immeasurable pains.
Adorned in the finest regalia in church, the so called men of God are nothing but wolf in sheep’s clothing as they lurk in church corners to prey on the innocent and vulnerable in a place where victims thought was their ‘Father’s house’.
Behind every monster are those who clean up after it and in this case, these are church followers who are alive to the inhumane acts caused by the very men of God whom they have put on pedestals. These followers, more often than not are Elders in the church or those in the revered pastor’s inner circles. These followers would, in an attempt to shield their ‘man of God’, portray the victim as a Jezebel, and shield their pastor and the church’s reputation, forsaking the trauma inflicted upon the victim.
The author of ‘Sex on the Alter’, Kaelo McCoffee was inspired to pen down his book after seeing the endless and unreported incidents that occurred within church walls.
“It’s like a play, a drama based on true stories of how “men of God” abuse women sexually, use them and dump them. Not just that, but it addresses how desperate women are for marriage and relationships, resulting in pain. This is covering ill activities happening in the church,” said McCoffee.
“The purpose of this book is to open someone’s eyes, not just ladies, even guys, that church might be seen or recognised as a good place to be, that might be true yes, but people shouldn’t feel comfortable because they are in church. They should be aware of the dangers that can happen to them in church, like I talked about abuse. I wrote this book to bring awareness, mostly to women because they’re the ones always going through such mostly.”
If one is to look at the grabbling GBV cases within Botswana that occur on a daily basis, one would expect the church to intervene. Not this time around, seeing as how the church is marred with such cases.
“I’ve seen young girls being used because they fell in love with the guy in a nice suit, they get deceived by material things, they get lied to, “I’ll marry you” but after sleeping with them, they leave them, young girls end up reporting cases of rape, yet the truth is they were in love, but because the promises weren’t fulfilled there’s always drama. Some get paid to be silent. I won’t mention anyone by names, but this is what has been happening in many churches, hearts are being broken in the name of the “anointed one”. I’m not saying every man of God, I’m talking about things I know of and I’ve heard happening,” he said.
“And to God it’s an abomination to drag His name into sin and claiming to be righteous, if God has promised in His word that His servants will even face more punishment for diverting His people into wrong doings then they deserve to be punished, they’re humans and they are not even doing what they preach. If the men of God in the Bible got punished for such doings what more of these guys who mess with our sisters.”
In an Interview with WeekendPost, the founder of Epistle of Power International Church (EPIC), Duncan Katse confirmed with this publication that these devious acts are very much present within churches and orchestrated by the so called ‘pastors’.
“It is true and one thing that makes it true is that we have got a lot of pastors who are not really trained in the area of becoming a pastor and there was no discipline instilled. Young ladies also trust their pastors and spiritual mentors with their all; their lives, their bodies. So when these pastors notice that they are highly regarded they can do anything. If there is no alignment in the mentorship, it is easy for the pastor to manipulate the congregants with spiritual things.”
“Some would say ‘God wants us to have our moment alone’, they will start manufacturing funny prophecies to make the person comfortable to relax with them. Sometimes in private spaces, which becomes very dangerous for a young lady. Not all the ladies who go to church have the intension of sleeping with the man of God. Most women do not report these cases because some judge themselves and are afraid to be accused for falsely accusing the man of God,” said Katse.
How women are raped in church
According to close sources, these so called ‘men of God’, threaten young girls after sleeping with them and that they will be cursed should they decide to speak out. Some will be threatened with the infamous line; ‘touch not my anointed.’
“They use their spiritual and prophetic authority to manipulate these women into raping them. There is also an oil called ‘do as I say’ and most of the girls who became victims will tell you, after being raped, they did not know how the rape occurred. Once they apply that oil, whatever they say you are going to do it whether you like it or not. That is why most of these girls are raped and left sick because most of these men of God are sick. They are sick of HIV/AIDS and STI’s. Before raping these women they prepare them emotionally by taking them out for dinners and they end up raping them.”
Botswana Council of Churches responds
“Sexual violence and abuse has been an enormously painful and common feature of our collective past. No sector of society, churches included, has been immune to the problem of sexual violence. It is horrible. Whenever we have seen sexual violence, it has always been an offence to God, and a shattering of God’s good, redemptive hopes for the human story. Sexual abuse is clearly a shattering of God’s intentions for our humanity,” said Bishop Metlha Beleme from Botswana Council of Churches
“When God’s ways are honoured, there is love, because love – the Scriptures tell us – is the very nature and character of God. When you think about it, sexual violence does all the opposite of 1Corinthians 13:4-7, which talks about love. God wants us to experience love. So, apart from the laws of the land, the Church also has Canon law and the Church court for the trial of such offences as Sexual Immorality.”
Beleme further highlighted that; ‘‘there are other healing processes that follow e.g. forgiveness and reconciliation, counselling. Amongst other things we can confess that Church Leaders and Pastors are sinners too, and must be held accountable,” he said.
Maybe when all is said and done, the long arm of the law will forever elude churches as evidenced by the many cases internationally regarding the Catholic church and the cases of paedophilia and child molestation that have been ongoing for years on end. And very rarely in Botswana do pastors face criminal charges in court for sex offenses and that may also be because very few women come forth for fear of being ostracised by both church and society.
Every five years, a cohort of newly elected Members of Parliament (MPs) gather at parliament buildings to take a symbolic oath to assume new role as rarefied individuals who make Botswana’s laws — as prescribed in the constitution — for the good governance of Botswana. Staff Writer ALFRED MASOKOLA observes an abdication of responsibility that has become a new normal in the business of parliament.
Few days before President Sir Ketumile Masire cleared his desk at Office of the President to end an eventful and successful 18 year presidency, his apparent heir, Festus Mogae was reaching out to opposition legislators in a bid to solicit for support for his choice for Vice President.
Since 1997 constitutional amendments, parliament has been mandated with the responsibility of endorsing the Vice President before assuming office.
Mogae was scheduled to ascend to the highest position in the land in wake of series of events in the ruling Botswana Democratic Party (BDP) that made him the only viable candidate. Beleaguered by factions, Mogae could not count on his polarised party.
As many noted, Mogae was relatively a new entrant in the BDP politics. Though he was an accomplished technocrat, he was not a political power horse and was without the charisma that the likes of Daniel Kwelagobe, Ponatshego Kedikilwe and the late Lt General Merafhe had.
Luckily for Mogae, his choice for Vice President was a likeable figure — Lt Gen Ian Khama — and accepted across factional divide, and even more remarkably, by some in opposition ranks. The name was endorsed by all BDP MPs, and the cherry on top; by additional two opposition MPs.
The build-up to this accomplishment however highlighted one major thing that Mogae never took for granted — the legitimate power of MPs.
Even in his presidency, Mogae sought to use parliament caucus for the purpose of achieving consensus rather than imposing his own will. Throughout his presidency, Mogae had to navigate through the hostile factions that kept him on his toes.
In 2003, Mogae in what proved to be naïve, publicly endorsed his Vice President- Khama, in the party chairmanship race against Kedikilwe, the co-leader of what was then known as Kwelagobe/Kedikilwe faction, and later Barataphathi.
Inevitably, Khama won the chairmanship — a development that saw Barataphathi losing control of the Central Committee, for the first time since 1981. With victory in 2003, emerged a rebranded faction called A-Team, led by Merafhe and Jacob Nkate.
The faction will come to dominate both the Central Committee and cabinet after 2004 general elections. Mogae had left out Kwelagobe, Kedikilwe, and GUS Matlhabaphiri out of cabinet after 2004 general elections, inadvertently strengthening the backbench which closed ranks with opposition MPs to subject the executive to scrutiny.
At the height of exercising their power, the backbench blocked and rejected government policies and other pieces of legislation brought before parliament.
By 2006, cabinet found it difficult to pass bills, including the Judges Pension Bill and the crucial intelligence bill which created the DIS in 2007.
Faced with a rigid backbench, Mogae reshuffled his cabinet in 2007 restructuring ministries to accommodate members of rival faction in cabinet. Thereafter, the relationship between cabinet and backbench became cordial.
“I am fully aware that the MPs, both the former ministers, the cabal of some new MPs and the rest of the House, can make and unmake me politically,” Mogae famously said at 2001 BDP Congress in Palapye, as he deliberated on some of the demands brought forward by MPs.
Like anywhere else in democratic dispensations, MPs hold their own and are not pushovers, even in instances where the executive belongs to the same political party that controls the legislative house.
Mogae had accepted that MPs have their own responsibility and that their power was legitimate. Throughout his presidency, his modus operandi was to consult MPs through caucus whenever an important decision was to be made in parliament.
The approach was also the tradition during the presidency of Masire, the founding father of both the BDP and the nation. Masire considered therisanyo paramount prior to any decision making and was described by Mogae during his memorial as, “consultative, collaborative and patient.”
In 2008, things started to change. In recent years, BDP caucus has become increasingly powerful. Unlike in the past, instead of seeking consensus, MPs have been forced to support decisions of the cabinet, even when MPs are not in agreement.
“Caucus has always been there and it is part and parcel of parliament in democracy. Caucus can be flexible depending on leadership. Some issues are allowed conscience debate if caucus cannot reach consensus,” said a high ranking BDP member who served as MP under both Mogae and Khama.
“Mogae was liberal and allowed MPs to use their conscience when there was no consensus. Caucus only became a contentious issue during Khama [Ian] presidency and today.”
In 2011, weeks after civil servants called off strikes that lasted nearly three months, and crippled the economy, then junior minister in the ministry of Local Government, Kentse Rammidi resigned from the cabinet amid a position taken by the party.
In trying to deal with power of civil servants, cabinet brought before parliament a Bill that sought to prevent a number of cadres in the civil service including teachers from participating in industrial action by making them essential service.
Rammidi, who had sympathised with workers during the strike chose to quit the party after BDP caucus forced MPs to support the bill which was to be brought to parliament by then Minister of Labour and Home Affairs, Peter Siele.
The development set had ushered in a new era in the governance of BDP, with the Executive effectively rendering Parliament — which by all intent and purpose is meant to prove checks on it — a rubber stamp.
The BDP caucus effectively derives its mandate from President as the head of executive.
The latest victim of the domineering caucus is Jwaneng-Mabutsane MP, Reggie Reatile.
Two months ago, the maverick MP was slapped with suspension for abstaining instead of voting alongside agreed party caucus positions.
In the build-up to his suspension, Reatile had on numerous occasions voted against the BDP on the Parliament floor. Reatile also abstained when voting was called on the Botswana Defense Force (BDF) Amendment Bill meant to create the position of Judge Advocate General.
Reatile was also the BDP black sheep that voted against Speaker of Parliament, Phandu Skelemani’s decision to suspend Leader of Opposition (LOO) Dumelang Saleshando, from parliament last month.
Prior to Reatile, maverick Ignatius Moswaane, Francistown West legislator, was also suspended. Moswaane has also proved to be a thorn in the flesh of the ruling party as he consistently refused to toe the party line, instead following his conscience.
Moswaane has since resigned from the BDP in favour of Umbrella for Democratic Change (UDC).
The insistence on block voting have seen parliament being ultra-polarised, and inadvertently at the expense of the public and good governance.
Despite the country grappled with rising incidence of Gender Based Violence (GBV), the ruling MPs rejected a motion tabled by Mahalapye East MP, Yandani Boko, following a caucus decision.
Boko had tabled a motion on urgency calling for parliament to request President Mokgweetsi Masisi to set-up a Commission of Inquiry on Gender Based Violence (GBV) and other Sexual Offences.
During the BDP caucus, it was agreed that the motion should not be agreed upon, but instead be countered with a suggestion that the duty be referred to an Inter-Ministerial Committee.
Commissions of Inquiry Act empowers the President to set-up a commission and to set its terms of reference.
The motion was however withdrawn by the mover following lack of support from BDP majority.
The rejection of the motion is part of many that have not survived the might of BDP caucus.
In the run-up to 2019 general election, Masisi promised to repeal the infamous Media Practitioners Act passed during his predecessor’s administration. The promise was buttressed in the BDP 2019 election manifesto.
However, when Selibe Phikwe West lawmaker, Dithapelo Keorapetse, brought before parliament the same bill, the ruling party caucus tore it apart. In brief; it was rejected.
The constitution of Botswana, adopted in 1966 following independence, vests legislative powers in parliament. Parliament, through its committees is empowered to provide oversight.
Parliament, indirectly elects the President and also has power to dissolve parliament through a pass of motion of no confidence on government supported by simple majority.
Parliament also approves national spending and also entitled to amend certain provisions of the constitution, save for entrenched provisions.
In giving parliament the legislative duties, the constitution also gives the President the power to ascent to bills passed by parliament or return them to parliament if not satisfied. Nevertheless, if parliament insists on not making any amendments, the President is compelled to ascent to the Bill failing which parliament will lead to the dissolution of parliament, necessitating new elections.
With so much power at its disposal why is parliament abdicating its true responsibility?
The latest edition of the International Labour Organisation (ILO) Monitor shows the continuing and devastating impacts of the pandemic on jobs and labour income since early 2020, and the massive disruptions in the labour market that will persist into the fourth quarter of this year.
ILO analysts argue that policymakers will need to maintain support to employment and incomes over the coming months and well into 2021, and to address key challenges.