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Pilane appeals Bokos case a night before ruling

In an unprecedented turn of events, Advocate Sidney Pilane on behalf of objector John Siele has filed for a stay of execution application “a night before ruling.” Although the ruling on principal residence went ahead, the stay of execution case is consequently expected to be heared this Monday at the High Court.

Confidential court documents passed to Weekend Post in a fresh case on Friday this week, suggest that Siele and his lawyer Pilane want High Court to rule to stay any decision by the Chief Magistrate, Gaborone Village. They want “a stay of execution on their objections pending the hearing and determination by High court, and in the event of an appeal by the Court of Appeal, of the review applications brought by themselves.”

In addition, they want court to “take notice that the Chief Magistrate be called upon to refrain from making any decision on the objections of the applicants pending the hearing and final end and determination of the application for stay hereby made, by the above Honourable court.” In the court papers, Siele, Tabane and attorney Thembani Jeremiah Siele represented by Ramalepa attorneys filed affidavits that will be used in support of the application.

The stay of execution application comes before and after Duma Boko, Umbrella for Democratic Change (UDC) leader was triumphant in a case which questioned his principal residence. Village Court Magistrate Goodwill Makofi ruled on Friday that he (Boko) was rightful registered for the 2019 General Elections in Phase 2 which is his principal residence under the circumstances and not Tlokweng.

However, a night before judgement, Pilane filed the stay of execution matter as an urgent application although he lost the judgement to Boko the following day. According to Boko’s lawyer, Dick Bayford, what is strange is that the stay of execution application has been noticed although the magistrate court decision on the matter is final.

“The ruling is final. That is what the law says. In fact Pilane even mentioned it that he wanted the court to stop Boko because he knew once the court has made the ruling, it will be final and binding,” Bayford told Weekend Post exclusively after the principal residence judgement.  
Bayford added that at court he (Pilane) wants “stay” though in the common sense the court ruled that Boko is rightful registered in Phase 2, Gaborone, and it’s his principal residence, and nothing would change it.   

He further explained that what would normally happen in court is that a party or individual will wait for a court decision to be made and then complain about that decision thereafter, and not how Pilane and Siele has done. “It’s just logical to wait for court ruling,” he stressed.
What has happened about this particular case, he explained, is that even before the judgement of the court was delivered, as the case was registered on Thursday, before ruling, Siele/Pilane goes to the High Court to ask for stay of the ruling.

“This happened while it was entirely possible that the court could rule in Siele’s favour. He is seeking for a stay of the ruling of the Magistrate court. Supposing it was ruled on his favour, was he still going to ask for his stay. That is where the absurdity of the application stems from,” Bayford pointed out.

According to the well-established lawyer, this has happened because interlocutory rulings are not appealable; and when you appeal an interlocutory order you must show that it is dispositive of the whole case. You also have to show that you have reasonable prospects of success; and seek leave or permission of the court, he highlighted.

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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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