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UDC triumphant over Pilane

Botswana Movement for Democracy’s court application, in which they were challenging their ejection from the Umbrella for Democratic Change (UDC), was this week dismissed with costs, a decision taken unanimously by a panel of three judges.

The much anticipated court verdict was dramatically delayed after the court staff printed the wrong version of judgment. The High Court upheld BMD’s expulsion by UDC before recognizing Botswana Congress Party (BCP), as a full member of the umbrella project. Since its acceptance in the UDC, BMD has never been at peace with BCP inclusion claiming that they (BCP), were out to grab their (BMD) constituencies and this was part of the politically charged court case.

The BMD argued that the UDC decisively ignored the constitution and failed to follow the right structures when expelling it. When countering the BMD argument, UDC said BMD was irrelevant by saying its expulsion was unconstitutional because the same constitution they interpreted clearly indicates that the constitution allows for restricting of the National Executive Committee (NEC) body.

When passing a judgment, the Gaborone High Court quashed the BMD claim saying the party which is led by veteran lawyer Sidney Pilane, failed to produce a legal and credible case to convince the courts. A vividly jubilant UDC president Duma Boko, welcomed the judgment stating that, “when I speak about this matter I speak with potency and authority. I have fought this battle and I have all the scars of this battle!”

However, for Pilane it is not over yet as he is not conceding to a defeat by UDC. “I think we will file an appeal application tomorrow (Friday),” Pilane told journalists after the much anticipated judgment. Last month Pilane lost another case involving the UDC, in which he wanted the party president Boko, to be struck from the voters’ roll because he had not registered at his residential place. In this case, the UDC was represented by South African senior counsel Kennedy Paul and senior counsel, public speaker, author and political activist, Tembeka Ngcukaitobi. BMD and its leader Pilane, on the other hand were represented by South African senior counsel Alexandra John Freund, as they battled it out in court.

BMD SUBMISSION BY SC ALEXANDRA FREUND

In their heads of submission, Freund said in expelling the BMD, the UDC decisively ignored the constitution and failed to follow the right structures. He stressed that the body which purported to suspend and expel the BMD from UDC styled itself as the NEC. The South African attorney further said that the structural body was not part of the NEC and had no power to suspend or expel the BMD from UDC.

Freud, also submitted that the body which purported to take the offending decisions has not been elected by UDC constitutional structures, therefore it is not constituted. “The only entities of the UDC which could have authority under the constitution, in justifiable circumstances, to suspend or expel a member of the UDC are its NEC, which it made provisions for and constituted in terms of the UDC registered.” He therefore emphasized that the suspension and expulsion decisions were not taken by the Umbrella Negotiating Team (UNT), since it has not operated or existed since August 2012.

The South African senior counsel further narrated and submitted to the court, that prior to taking the decision to suspend and expel BMD, the Presidents and Secretary Generals of the BMD and BPP, were not present and did not have prior notice of the meeting at which these decisions were taken.


“Similarly, neither the BMD President and Secretary General and none of the 5 Conveners of the Negotiation Process participated in the body which purported to be the NEC and in the taking of the impugned decisions, nor did any of them have notice of the offending meetings; both of which invalidated the meetings and the decisions there made.”

Freud said the reasons given for the decisions to suspend and expel the BMD from the UDC, are ostensible and false, the true reason being; an unlawful conspiracy by the BCP and BNF to take the 14 constituencies allocated by the UDC to the BMD in which the party (BMD), will present its members as UDC parliamentary candidates in the 2019 general elections.

Freund then questioned UDC constitutional affairs. “The UDC has not, since its inception, held an elective congress and has never given notice of an intention to hold such a national congress as is required by Article 11.3.1.3 of the UDC registered Constitution,” he said.

UDC’S COUNTER ATTACK BY SC KENNEDY PAUL AND THEMBEKA NGCUKAITOBI

The UDC lawyers evidently held the BMD case in derision. Paul, told the court that it has no interest in participating in the expulsion of the BMD. “What we have here is a political situation, and with all due respect, it is unrealistic to seek the court to interfere in political matters,” he said. Paul said that BMD’s submission that the UDC failed to abide by the constitution and allowed the wrong structural bodies to make a decision in expelling the BMD, was irrelevant as the same constitution they interpreted clearly indicates that the constitution allows for restricting of the NEC body.

Adding to Paul’s arguments, Ngcukaitobi pointed out to the court that the applicant failed to establish a case on the basis of its suspension and that UDC has before expelling the BMD used the right body, structures and processes. “The political party should be allowed to run its course, this court has no interest in participating in the expulsion of the BMD. Therefore, we move that this application be dismissed and with costs,” Ngcukaitobi said.

Ngcukaitobi also stressed that indeed all the constituents’ members were present when taking the decision to suspend and expel the BMD. He emphasized that the right decision was taken by the right structures and the right procedure was followed.  “The UDC was dealing with a BMD that has split. There has been an internal squabble in the BMD. There was chaos inside the BMD, the BMD has always provoked other members, and its leader is provocative,” said Ngcukaitobi.

The South African young lawyer further emphasized that the process followed indicates that whatever decision was taken, shows that it was a dialogue since 2017, and there was no bias. “On the 11th of November 2017, Pilane was reprimanded in the internal meeting for making toxic pronouncements, but on the 11th of October last year, he denied everything. This was after a meeting on the 18th of September, in which the UDC condemned and blamed their Moshupa-Manyana by-election loss on BMD. Chaos within the BMD is spilling over to UDC, hence the need to take a decision,” Ngcukaitobi reminded the court.

In conclusion, Ngcukaitobi casted doubt on Pilane working together again with UDC, saying political alliance should be based on trust. He insisted that: “What has been politically broken cannot be legally fixed. We have a pointless application here. What we have here is the highest form of breakdown between these two parties. Dismiss the case and ask them to pay the costs.”

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African countries call on WHO to increase funding

2nd February 2023

Minister of Health Dr Edwin Dikoloti says Africa member states call on World Health Organization (WHO) to ensure equitable resource allocation for 2024-2025. Dr Dikoloti was speaking this week at the WHO Executive Board Meeting in Geneva, Switzerland.

He said countries agreed that there is need to address the budget and funding imbalances by increasing the programme budget share of countries and regions to 75% for the next year.

“The proposed budget for 2024-2025 marks an important milestone as it is the first in Programme Budget in which country offices will be allocated more than half of the total budget for the biennium. We highly welcome this approach which will enable the organization to deliver on its mandate while fulfilling the expectations for transparency, efficiency and accountability.”

The Botswana Health Minister commended member states on the extension of the General Programme of Work (GPD 13) and the Secretariat work to monitor the progress towards the triple billion targets, and the health-related SDGs.

“We welcome the Director’s general proposed five priorities which have crystalized into the “five Ps” that are aligned with the GPW 13 extension. Impact can only be achieved through close coordination with, and support to national health authorities. As such, the strengthening of country offices is instrumental, with particular focus on strengthening national health systems and on promoting more equitable access to health services.”

According to Dr Dikoloti, the majority of countries with UHC index that is below the global median are in the WHO Africa region. “For that, we call on the WHO to enhance capacity at the regional and national levels in order to accelerate progress. Currently, the regional office needs both technical and financial support in order to effectively address and support country needs.”

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Botswana still weighing in on Maseko’s assassination

27th January 2023

The Minister of Foreign Affairs, Dr. Lemogang Kwape says Botswana has not taken any position regarding the killing of a renowned human rights lawyer, Thulani Maseko, who was gunned down at his house in Mbabane, Eswatini.

In a brief interview with WeekendPost, Dr Kwape said Botswana has not yet taken any position regarding his death. He said the purported incident should be thoroughly probed before Botswana can form an opinion based on the findings of the inquiries.

“Botswana generally condemns any killing of human life by all means,” says Dr. Kwape. He wouldn’t want to be dragged on whether Botswana will support the suspension of Eswatini from SADC.

“We will be guided by SADC organ Troika if they can be an emergency meeting. I am not sure when the meeting will be called by Namibian president,“ he said.

However, the Namibian president Hage Geingob notes with deep concern reports coming out of Eswatini about the killing of Mr. Maseko. In a statement, he called upon the “Government of the Kingdom of Eswatini to ensure that the killing of Maseko is swiftly, transparently and comprehensively investigated, and that any or all persons suspected of committing this heinous crime are brought to justice.”

Maseko was chairperson of the Multi-Stakeholder Forum which was established as a coalition of non-State actors to advocate for a process of national political dialogue aimed at resolving the security and political challenges confronting the Kingdom.

“SADC expresses its deepest and heartfelt condolences to the family of Mr. Maseko, his friends, colleagues, and to the people of the Kingdom of Eswatini for the loss of Mr. Maseko. In this context, SADC further calls upon the people of the Kingdom of Eswatini to remain calm, exercise due care and consideration whilst the appropriate structures conduct the investigations and bring the matter to completion,” the statement says.

Geingob reiterated the need for peaceful resolution of the political and security challenges affecting the country.

Meanwhile political activists are calling on SADC to suspend Eswatini from the block including the African Union as well.

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Kopong Murder: Accused interferes with witnesses again!

27th January 2023

State prosecutor, Seeletso Ookeditse revealed before the Broadhurst Magistrate Jobbie Moilatshimo that the third accused involved in the murder of Barulaganye Aston, has interfered with the State witnesses again.

The second and third accused (Lefty Kosie and Outlwile Aston) were previously accused of interference when they were caught in possession of cellphones in prison. They were further accused of planning to kill the deceased’s brother, who is currently the guardian to the children of the deceased.

Ookeditse indicated that Outlwile had earlier went to challenge the magistrate’s decision of denying him bail at the High Court before Judge Michael Motlhabi.

“The third accused approached the High Court and made a bail application, which was dismissed on the same day,” Ookeditse said.

However, even after the High Court verdict on their bail application, the duo (Kosie and Aston) has once again applied for bail this week.

Ookeditse plead with the court to stop the accused from abusing the court process.

“Yesterday, Directorate of Public Prosecutions (DPP) received papers of his bail application filed before the Broadhurst Magistrates Court. However, the papers do not speak to changed circumstances, therefore this back and forth about bail must be put to a stop,” said the State prosecutor.

While giving evidence before court, the Investigations Officer, Detective Inspector Quite Zhalamonto, said his investigations have proved that there is interference continuing regarding the accused trio.

He told the court that on the 12th of January 2023, he received a report from Thato Aston, who is the son of the accused and the deceased. The son had alleged to the Investigation Officer that he received a call from one Phillip Molwantwa.

According to Zhalamonto, Thato revealed that Molwatwa indicated that he was from prison on a visit to the Outlwile Aston and went on to ask where he was staying and where his siblings (Aston’s children) are staying.

“Thato revealed that Phillip went on to ask if he or his siblings saw their father murdering their mother, and he was referring to the crime scene. Thato told me that he, however, refused to answer the questions as he was afraid especially because he was asked about where him and his siblings stay,” said Zhalamonto.

Zhalamonto alluded to the court that he then went to Orange to confirm the communication between Thato and Molwantwa where he found the case.

“I have arrested Philip yesterday and when I interviewed him, he did not deny that he knows Aston and that he has indeed called Thato and asked questions as to where him and his siblings resides even though he failed to give reasons for asking such questions,” Zhalamonto told the court.

He further revealed that Molwantwa indicated that he had received a call from an unknown man who refused to reveal himself.

“Phillip told me that the unknown man said he was sent by the accused (Aston), and that Aston had instructed him to tell me to check if there was still some money in his bank accounts, and he also wanted to know where the kids were residing, the unknown man even asked him to meet at Main Mall” the Investigation Officer told the court.

He further informed the court that he is working tirelessly to identify the “unknown caller” and the route of the cell number.

Furthermore, the fourth accused, Kebaleboge Ntsebe, has revealed to the court through a letter that she was abused and tortured by the Botswana Police Services. She wrote in her letter that she suffered miscarriage as a result of being beaten by the police.

Ntsebe is on bail, while a bail ruling for Aston and Kosie will be delivered on the 6th of next month

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