The United Nations World Report on Drugs 2019 says more than a quarter of a billion people use drugs. In 2017, according to the report, an estimated 271 million people worldwide aged 15-64 had used drugs at least once in the previous years. This corresponds to 5.5 per cent of the global population aged 15-64, representing one in every 18 people.
The report noted that in 2009, the past-year prevalence of drug use globally was estimated to be lower, at 4.8 per cent. Between 2009 and 2017, the estimated number of past-year users of any drug globally changed from 210 million to 271 million, or by 30 per cent, in past as a result of global population growth. Data show a higher prevalence over time of the use of opioids in Africa, Europe and North America, and in the use of cannabis in North America, South America and Asia. It should be noted, however, that any comparison of estimates over time should be taken with caution, given the wide uncertainty intervals of the estimates.
Over the last decade, the report says, there has been a diversification of the substances available on the drug markets. In addition to traditional plant-based substances- cannabis, cocaine and heroin- the last decade has witnessed the expansion of a dynamic market for synthetic drugs and the non-medical use of prescription medicines. More potent drugs are available and the increasing number of substances, and their potential combinations, poses a greater risk.
The report stressed that in recent years, hundreds of NPS have been synthesized. The majority are stimulants, followed by cannabinoids and an increasing number of opioids, with unpredictable and sometimes severe negative consequences, including death. The non-medical use of pharmaceutical opioids is of increasing concern. In North America, the use of synthetic opioids such as fentanyl resulted in the continued dramatic increase in opioid over-dose deaths in 2017.
In other sub regions, such as West and Central Africa and North Africa, based on seizures, the market for the non-medical use of tramadol has grown considerably. The first, large scale national drug use survey conducted in Nigeria, in 2017, found a high prevalence of the non-medical use of prescription opioids, mainly tramadol, which was second only to the use of cannabis, with a past-year prevalence of 4.7 per cent.
Further, the report indicated that among the estimated 27 million past-year users of any drug, some 35 million, or almost 13 per cent, are estimated to suffer from drug disorders, meaning that their drug use if harmful to the point where they may experience drug dependence or require treatment. This corresponds to a prevalence of drug use disorders of 0.71 per cent globally among the population aged between 15 and 64.
Between 2009 and 2016, the report noted that the prevalence of drug use disorders remained essentially stable globally, with the number of people suffering from drug use disorders changing over that period in line with population growth. However, in 2017, the prevalence of drug use disorders was higher than previously estimated, corresponding to a change in the estimated number of people suffering from drug use disorders from 30.5 million to 35.0 million. This higher prevalence is the result of the findings of drug use surveys conducted recently in two highly populated countries, Nigeria and India. Given the wide uncertainty intervals of the estimates, comparisons over time should be taken with caution.
Worldwide, there were estimated 188 million past-year users of cannabis in 2017, corresponding to 3.8 per cent of the global population aged 15 and 64. The annual prevalence of the use of cannabis is highest in North America at 14 per cent, Oceania 11 per cent, West and Central Africa at 10 per cent. In 2010, cannabis use, particularly among young people, was reported as stabilizing or declining in countries with established cannabis markets, such as in Western and Central Europe, North America and parts of Oceania, but that trend was offset by increasing consumption in many countries in Africa and Asia. While cannabis use in Europe is still reported as stabilizing, it has increased considerably in the Americas, Africa and Asia.
It was reported that opioids are a major concern in many countries because of the severe health consequences associated with their use. For example, in 2017, the use of opioids accounted for 110 thousand of the 167 thousand deaths attributed to drug use disorders. The opioid crisis continues in North America, reaching new highs in the number of opioid overdose deaths in the United States of America and Canada, with the increases largely attributed to the use of fentanyl and its analogues.
There were estimated 53.4 million past-year users of opioids globally in 2017. This corresponds to 1.1 per cent of the global population aged 15-64. The number of past-year users of opioids globally is 56 per cent higher than the previously estimated 34 million in 2016. The change is the result of an improvement in the understanding of the extent of drug use based on recent surveys conducted in Nigeria and India. The sub regions with the highest past-year prevalence of use of opioids were North America at 4 per cent, Oceania 3.3 per cent, the Near and Middle East and South West Asia at 2.3 per cent as well as South Asia at 1.8 per cent.
While global estimates are not available, the non-medical use of pharmaceutical opioids is reported in many countries, for example, in West and North Africa and in the Near and Middle East, and in North America. There are also signs of increasing non-medical use of pharmaceutical opioids in Western and Central Europe, reflected in the increasing proportion of admissions to treatment for the use of those substances. The results of the first large-scale nationwide drug use survey conducted in Nigeria in 2017, the most populated country in Africa, highlighted a considerable level of past-year non-medical use of prescription opioids with an annual prevalence of 6 per cent among men and 3.3 per cent among women.
Among users of opioids, 29.2 million were past-year users of opiates, that is heroin and opium in 2017, corresponding to 0.6 per cent of the global population aged between 15 and 64; the number of past-year users of opiates globally is 50 per cent higher than the previously estimated 19.4 million in 2016. According to the report, use of amphetamine, especially methamphetamine, is increasing in parts of Asia and North America. In 2017, there were an estimated 28.9 million past-year users of amphetamines, corresponding to 0.6 per cent of the global population aged between 15 and 64, 15 per cent lower than the previously estimated 34.2 million in 2016. The highest prevalence among the population aged between 15 and 64 was in North America at 2.1 per cent and Oceania at 1.3 per cent.
Globally, an estimated 18 million people were past-year users of cocaine in 2017, corresponding to 0.4 per cent of the global population aged between 15 and 64, according to the report. Past-year use of cocaine is high in Oceania, North America, Western and Central Europe and South America. In 2010, stable trends were reported in the use of cocaine in Central America, South America and Europe, while decreasing use of cocaine was reported in North America. More recently, in Western and Central Europe, waste water analysis and survey results in some countries suggest an increase in cocaine consumption in the sub region.
In North America, following a decline in cocaine use between 2006 and 2012, there are signs of an increase; there have also been reported increases in cocaine use in some countries in South America. In addition, the use of cocaine base paste, previously confined to cocaine-manufacturing countries, has spread to countries further south in the sub region. In parts of Asia and West Africa, increasing amounts of cocaine have reportedly been seized, which indicates that cocaine use could potentially increase, especially among the affluent, urban segments of the population, in sub regions where such use had previously been low.
In June 2019, a case involving the Attorney General was brought before the High Court, in which the applicant Letsweletse Motshidiemang challenged Sections 164 (a) and 167 of the Penal Code. The applicant contended that these sections are unconstitutional because they violate the fundamental rights of liberty and privacy.
The applicant argued that these sections violated his right and freedom to liberty as he was subject to abject ignominy. These laws subjected the LGBTIQ community to brutal and debasing treatment through social control and public morality. On the 1st of November 2017, the Botswana High Court further allowed Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) to join the case as amicus curiae.
However, in July 2019, the respondents, in this case, i.e. the Government, filed an appeal against this iconic High Court ruling seeking re-criminalization of homosexuality. Human Rights Group has criticized this move of the Government all over the world. The appeal was heard before five judges at the Court of Appeal on Tuesday. The State was represented by Advocate Sidney Pilane, while LEGABIBO and Letsweletse Motshidiemang were represented by Tshiamo Rantao and Gosego Rockfall Lekgowe, respectively.
Non-Governmental Organizations advocating for the LGBTIQ+ community joined the two parties at the Court of Appeal during this case. They argue that the minority group should enjoy their rights, especially the right to privacy and health. Botswana Network on Ethics, Law and HIV/AIDS (BONELA) Chief Executive Officer, Cindy Kelemi says the issues being raised by LEGABIBO are that as individuals belonging to the LGBTIQ community, they have and must share equal rights, including the right to privacy, which also speaks to being able to involve in sexual activities, including anal sex.
“Those rights are framed within the constitution, and therefore a violation of any of those rights allow them to approach the courts and seek for redress. We do not need the law to be regulating what we do in the privacy of our homes. The law cannot determine how and when we can have sex and with who, so the law does not have any business in that context. What we are saying is that the law is violating the right to privacy,” she said on the sidelines of the decriminalization case in Gaborone on Tuesday.
The first case involving the homosexual act was the Utjiwa Kanane vs the State in 2003. Contrary to section 164(c) of the Penal Code, Kanane was charged with committing an unnatural offence and engaging in indecent practices between males, contrary to section 167. The conduct at issue involved Graham Norrie, a British tourist, and occurred in December 1994. (Norrie pleaded guilty, paid a fine, and left the country.)
Kanane pleaded not guilty, alleging that sections 164(c) and 167 both violated the constitution. The High Court ruled that these sections of the Penal Code did not violate the constitution. Kanane then appealed to the Court of Appeal. BONELA CEO recalls that in its judgment then, the High Court indicated, Batswana were not ready for homosexual acts. Twenty years later, the same courts are saying that Batswana are ready, she says.
“They gave the explicit example that shows that indeed Batswana are ready. There are policies and documents in place that accommodate people from marginalized communities and minority populations. The question now is that why is it hard now to recognize the full rights of an individual who is of the LGBTI community?” She further says intimacy is only an expression. The law that restricts homosexuality makes it hard for LGBTIQ members to express themselves in a way that affirms who they are.
“We want a situation where the law facilitates for the LGBTIQ community to be free and express themselves. The stigma that they face in communities is way too punitive. They are called names; some have been physically violated and raped at times. It shows that the law doesn’t not only prevent them from expressing themselves, it also exposes them to violence.” The law on its own, Kelemi submits, cannot change the status quo, adding that there is a need for more awareness and education on human rights and what it means for an individual to have rights.
“As it is now, it is very tough for some to do that because of a legal environment that is not enabling. We also want to see a situation where LGBTIQ+ people can access services and be confident that they are provided with non-discriminatory services. It is challenging now because health care providers, social workers and law enforcement officers believe that it is illegal to be homosexual. What we are saying is that if you have an enabling law, then that will facilitate for people to be able to express themselves, including accessing health services,” Kelemi said.
“As we are doing this advocacy work, one of the issues that we picked up is that there is lack of capacity, especially on the part of healthcare workers. We noted that when we provide services or mobilize Men who have sex with other men (MSM) to access health facilities, health care workers are not welcoming, forcing them to hideaway. We must put an end to this to allow these people the freedom that they equally deserve.”
The President, Dr Mokgweetsi Masisi, has declared as an act of corruption the attitude and practice by government officials and contractors to deliver projects outside time and budget, adding that such a practice should end as it eats away from the public coffers.
For a very long time, management problems and vast cost overruns have been the order of the day in Botswana, resulting in public frustrations. Speaking at the commissioning of the Masama/Mmamashia 100 Kilometres project this week, Masisi said: “There is a tendency in government to leave projects to drag outside their allocated completion time and budget. I want to stress that this will not be tolerated. It is an act of corruption, and I will be engaging offices on this issue,” Masisi said.
In an interview with this publication over the issue, the Director-General of the Directorate on Corruption and Economic Crime (DCEC), Tymon Katholo, says, “any project that goes beyond its scope and budget raises red flags.” He continued that: “Corruption on these issues can be administrative and criminal. It may be because government officials have been negligent or been paid to be negligent by ignoring certain obligations or procedures. “This, as you may be aware has serious implications on not only of the economy but even the citizens who use these facilities or projects,” Katlholo said, adding that his agency is equally concerned.
According to the DCEC director, the selection, planning and delivery of infrastructure or projects is critical. In most cases, this is where the corruption would have occurred, leading to a troubled project. A public finance expert at the University of Botswana (UB), Emmanuel Botlhale, attributes poor project implementation to declining public accountability, lack of commitment to reforming the public sector, a decline in the commitment by state authorities and lack of a culture of professional project management.
In his research paper titled, ‘Enhancing public project implementation in Botswana during the NDP 11 period,’ Botlhale stated that successful implementation is critical in development planning. If there is poor project implementation, economic development will be stalled. Corruption is particularly relevant for large and uncommon projects where the public sector acts as a client, and experts say Megaprojects are very likely to be affected by corruption. Corruption worsens both cost and time performance and the benefits expected from such projects.
Speaking during this week’s Masama/Mmamashia pipeline commissioning, Khato Civils chairman said Africans deserve a chance because they are capable, further adding that the Africans do not have to think that only Whites and Chinese people can do mega projects. During his rule, former president Ian Khama went public to attack Chinese contractors for costing the government a move that ended up fuelling tensions between China and Botswana after Khama dispatched the then Minister of Foreign Affairs, Pelonomi Venson Moitoi, to China to register Botswana’s complaints with Chinese government-owned construction companies. Botswana had approached the Chinese government for help in its marathon battle with Chinese companies contracted to build, among others, the failed controversial Morupule B power plant and refurbishment of Sir Seretse Khama International Airport (SSIK).
A legal battle between former Botswana Democratic Party (BDP) legislator Samson Moyo Guma and First National Bank (FNB) over a multimillion oil refinery project intensified this week with Justice Zein Kebonang referring the matter to Court of Appeal for determination. The project belongs to Moyo Guma’s company called United Refineries which he has since placed under judicial management.
The war of words between Moyo Guma and FNB escalated after the company’s property worth millions of Pula were put up for sale in execution by the bank and scheduled to take place on 8th October. It emerges from Court papers that the bank had secured an order from the High Court to place the company’s property under the hammer.
Moyo Guma then also approached the High Court seeking among others that the public auction scheduled for 8th October 2021 be stayed. He contended that the assets that were to be sold belonged in reality to United Refineries and that as the company had been under judicial management at the time of the attachment, the intended sale in execution was unlawful.
He also sought the Court to declare that the writs of execution against the properties of guarantors and sureties of United Refineries Botswana Holdings Propriety Limited (the company) are unlawful. Moyo Guma also sought a stay of the execution against the property known as Plot 43556 in Francistown, that is, the land buildings, plant and machinery which make up the property and any all immovable or movable property belonging to the guarantors and sureties of the company pending finalization of the winding up of United Refineries.
But FNB disputed Moyo Guma’s assertions and submitted that the properties in question belonged to TEC (Pty) Ltd and not United Refiners. TEC Pty Ltd which is one of the shareholders in United Refineries is one of the sureties and co-principal debtors of a debt amounting to P24 million owed by United Refineries to FNB. FNB argued in papers that the properties belonged to TEC because it was TEC which had passed a covering mortgage bond in its favour over the property it now sought to execute.
Moyo Guma submitted that the covering mortgage bond passed in favour of FNB did not tell the full story as the property in question was in truth and fact owned by United Refineries and not TEC Pty Ltd. He maintained that the shares had been had been passed by the company in exchange for the properties in question and that the parties had always been guided by the spirt of the share agreement in dealing with each other despite delays in the change or transfer of ownership of plots 43556 and plot 43557 in Francistown.
Kebonang said it was clear to him that the two plots (43556 and 435570 belonged to United Refineries notwithstanding that TEC (Pty) Ltd had passed a mortgage bond over them in favour of FNB. “For this reason the properties were immune from attachment or sale in execution so long as the judicial management order was in place,” he said.
The background of the case is that Moyo Guma together with five other investors, namely Elffel Flats (Pty) Ltd; Mmoloki Tibe; TEC (Pty) Ltd; Profidensico (Pty) Ltd and Tiedze Bob Chapi, each bound themselves as sureties and co-principal debtors in respect of a debt owed by a company called United Refineries Botswana Holdings (Proprietary) Limited (the Company), to First National Bank Botswana (FNBB) (1st Respondent).
FNB had extended banking facilities to the company in the amount of P24 million which was then secured through the suretyship of Moyo Guma and other shareholders. Court records show that Moyo had on the 11th February obtained a temporary order for the appointment of a provisional judicial manager in respect of United Refineries and it was confirmed by the High Court on 24th September 2019.
In terms of the final court order by the High Court issued by Justice Tshepho Motswagole all judicial proceedings against the company, execution of all writs, summons and process were stayed and could only proceed with leave of Court. Court documents also show that First National Bank had sued the company and the sureties for the recovery of the debt owed to it and through a consent order, the bank withdrew its lawsuit against the company.
But FNB later instituted fresh proceedings against Moyo Guma and did not cite the company in its proceedings. “There is no explanation in the record as to why the Applicant was now reflected as the 1st Defendant and why the company had suddenly been removed as the 1st Defendant. There was no application either for amendment or substitution by the bank,” said Justice Kebonang.
FNB had also argued that it sought to proceed to execute against Moyo Guma and other sureties on the basis of the suretyship they signed and that by signing the suretyship agreement, Moyo and other sureties had renounced all defence available to them and could therefore be sued without first proceedings against the principal debtor (United Refineries). The question, Kebonang said, was that can FNB proceed to execute against Moyo Guma and other sureties on the basis of the suretyship contracts they signed?
“The starting point is that the Applicant (Moyo Guma) and others by binding themselves as sureties became liable for debts of the principal debtor and such liability is joint and several. He said the consequences of placing the company under judicial management means that every benefit extended to it should also extend to sureties.
“If the company is afforded more time to pay or its debt is discharged, reduced or compromised or suspended the obligation of sureties is to be likewise treated. It follows in my view that where judicial proceedings are suspended or stayed against the company, then any recourse against the sureties is similarly stayed or suspended,’ said Kebonang.
He added that “In the circumstances of this case, it seems to me that so long as the company is under judicial management, the moratorium that applies to it must also apply to its sureties/guarantors and no execution of the writs should be permitted against them. Any execution would be invalid.”
“Mindful that there is judicial precedent on this point in Botswana, at least none that I am aware of, and given its significance, I consider it prudent that the Court of Appeal must provide a determinative answer to the question whether a creditor can proceed against sureties where a company is under judicial management,” said Kebonang.
Pending the determination of the Court of Appeal, he issued the following order; the execution of writs issued in favour of FNB against Moyo and other sureties/guarantors of United Refinery are hereby stayed pending the determination of the legal question referred to the Court of Appeal.