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CMB Directors intend to sue for malicious investigation

Capital Management Botswana (CMB) directors have noticed the Director General of the Directorate of Corruption and Economic Crime that they intend to sue for malicious investigation and prosecution. They also argue that the DCEC has no mandate over their dispute with the Botswana Public Officers Pension Fund (BPOPF).

Kanjabanga has given DCEC 30 days’ notice of his clients’s intentions to challenge and or review the decision to investigate them and the decision to prosecute or charge them as in their view the DCEC has exceeded its mandate and that the conduct of investigators is mala fide. “The decision to investigate and charge clients is irrational and unreasonable and is without any legal basis,” he writes.

We are also instructed to note that the legal proceedings for which clients herein issuing statutory notice for their institution wiould equally be instituted against your investigator namely Jako Hubona  who appear to be personal on this matter , whom clients would join to the suit personally and would cliam costs from him in his personal capacity.

Kanjabanga says his clients will not only seek costs personally against the investigator, “we are further placing yourselves and him on notice that clients would be suing for constitutional damages for harassment, degrading and inhuman treatment and for malicious investigation and charges.”

“You will recall that ever since the dispute between client’s Capital Management Botswana (CMB), Botswana Public Officers Pension Fund (BPOPF) and Non-Bank Financial Institutions Regulatory Authority began some years back, our clients have always cooperated with your office on whatever investigation your office sought to carry on clients as regards the dispute herein,” writes Kanjabanga in his letter to the DCEC Director General. “Our Rapula Okaile has been to your office on many occasions to assist your officers with whatever information they needed as regards the CMB-BPOPF dispute.”

Kanjabanga states that he ison record as having indicated to DCEC officers and even to the Directorate of Public Prosecutions (DPP) that clients including Mr Timothy Marsland who lives and stays in South Africa are available and wiling to assist with any information DCEC officers may need. “We even made it clear that should it be necessary for Mr Marsland to come give his side of the story, your officers should inform us and we will secure his attendance at your office.”

According to Kanjabanga this was done as a way of a gesture of our client’s readiness and willingness to cooperate with DCEC officers and also to demonstrate that clients had nothing to hide more so that they have not done anything illegal. “Client’s cooperation with your office was done out of a desire to resolve this matter amicably and nothwithstanding their cooperation with your officers they have emphatically maintained the view that your officers are investigating a matter over which the Directorate of Corruption and Economic Crime (DCEC)  have no mandate in terms of the law,” he writes. 

Kanjabanga contends that the contractual dispute between his clients, CMB and the BPOPF relates to pension funds that belong to public officers under the Retirement Fund Act and are not public funds over which the DCEC could exercise investigating powers. “We have mentioned this to your officers and even to the DPP on several instances hoping that your officers would understand that they are doing something that is illegal.”

The CMB lawyer also protests, Marsland’s arrest in South Africa, “They however appear to have ignored our caution to them and are bent on proceeding with the illegal investigation to a point that in a rather bizarre and malicious way caused our client Mr Timothy Marsland to be arrested to the South African Police in Joghannesburg, South Africa.”

“This they did despite the fact that they never informed us or even him or his business partner Mr Rapula Okaile that they wanted to see Mr Marsland.  Your investigating officers in this matter are dealing with us and clients in bad faith and appear to have ulterior motives.”
“They have somehow taken their investigating docket and quite conveniently did not provide the DPPP with the necessary documentation as regards the investments in Kawena Holdings (PTY) ltd.

They have deliberately never sought the attendance of Mr Marsland this side as they know her was in South Africa in order that they could obtain his version of the story. Neither did they even bother to contact him telephonically to invite him this side or interview him over the phone.” Kanjabanga is of the view that the DCEC has deliberately not made contact with Mr Marsland and has also rejected any attempts to assist them bring Mr Marsland to Botswana, they create the impression that Mr Marsland has not provided his version of events and provide the DPP with incomplete information. “This they did to justify him being arrested.”

“We wrote to DPP to provide them with Mr Marsland’s version after they indicated that it was needed and even pledged Mr Marland’s full cooperation with them including attending meetings should it be necessary. We further provided documentation which your investigators have conveniently failed to provide to DPP, in order that it may appear as if clients had done something wrong.” According to Kanjabanga the investigators obtained Mr Marsland’s warrant arrest ex-parte, witout service or notification to his attorneys. He also demanded a copy of Marsland’s arrest warrant and the charge sheet used for his arrest.

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Transgender persons in Botswana live a miserable life

23rd November 2020
Transgender persons

An international report complied in South Africa dubbed ‘Legal Gender Recognition in Botswana’ says that the transgender and gender non-conforming people in Botswana live a miserable life. The community experiences higher levels of discrimination, violence and ill health.

In this report, it has been indicated that this is because their gender identity, which does not conform to narrowly define societal norms, renders them more vulnerable. Gender identity is a social determinant of health, which means that it is a factor that influences people’s health via their social context, their communities and their experiences of social exclusion. The Ministry of Health and Wellness has recognized this, and transgender people are considered a vulnerable population under the Botswana Second National Strategic Framework for HIV and AIDS 2010-2017.

In a recent study that shed light on the lived experiences of transgender and gender non-conforming people in Botswana, transgender persons often experience discrimination because of their gender identity and expression. The study was conducted by the University of Cape Town, LEGABIBO, BONELA, as well as Rainbow Identity Association and approved by the Health Ministry as well as the University of Botswana.

Of the 77 transgender and gender non-conforming people who participated in the study, less than half were employed. Two thirds, which is approximately 67% said that they did not have sufficient funds to cover their everyday needs. Two in five had hidden health concerns from their healthcare provider because they were afraid to disclose their gender identity.

More than half said that because of their gender identity, they had been treated disrespectfully at a healthcare facility (55%), almost half (46%) said they had been insulted at a healthcare facility, and one quarter (25%) had been denied healthcare because of their gender identity.

At the same time, the ‘Are we doing right’ study suggests that transgender and non-conforming people might be at higher risks of experiencing violence and mental ill-health, compared to the general population. More than half had experienced verbal embarrassment because of their gender identity, 48% had experienced physical violence and more than one third (38%) had experienced sexual violence.

The study showed that mental health concerns were high among transgender and gender non-conforming people in Botswana. Half of the transgender and gender non-conforming study participants (53%) showed signs of depression. Between one in four and one in six showed signs of moderate or severe anxiety (22% among transgender women, 24% among transgender men and 17% among gender non-conforming people).

Further, the study revealed that many had attempted suicide: one in three transgender women (32%), more than one in three transgender men (35%) and three in five gender non-conforming people (61%).

International research, as well as research from Botswana, suggests that not being able to change one’s gender marker has a negative impact on access to healthcare and mental health and wellbeing. The study further showed that one in four transgender people in Botswana (25%) had been denied access to healthcare. This is, at least in part, linked to not being able to change one’s gender marker in the identity documents, and thus not having an identity document that matches one’s gender identity and gender expression.

In its Assessment of Legal and Regulatory Framework for HIV, AIDS and Tuberculosis, the Health Ministry noted that “transgender persons in Botswana are unable to access identity documents that reflect their gender identity, which is a barrier to health services, including in the context of HIV. In one documented case, a transwoman’s identity card did not reflect her gender identity- her identity card photo indicated she was ‘male’. When she presented her identity card at a health facility, a health worker called the police who took her into custody.”

The necessity of a correct national identity document goes beyond healthcare. The High Court of Botswana explains that “the national identity document plays a pivotal role in every Motswana’s daily life, as it links him or her with any service they require from various institutions. Most activities in the country require every Motswana to produce their identity document, for identification purposes of receiving services.”

According to the Legal Gender Recognition in Botswana report, this effectively means that transgender, whose gender identity and expression is likely to be different from the sex assigned to them at birth and from what is recorded on their identity document, cannot access services without risk of denial or discrimination, or accusations of fraud.

In this context, gays and lesbians advocacy group LEGABIBO has called on government through the Department of Civil and National Registration to urgently implement the High Court rulings on gender marker changes. As stated by the High Court in the ND vs Attorney General of Botswana judgement, identity cards (Omang) play an important role in the life of every Motswana. Refusal and or delay to issue a Motswana with an Omang is denying them to live a complete and full-filing life with dignity and violates their privacy and freedom of expression.

The judgement clarified that persons can change their gender marker as per the National Registrations Act, so changing the gender marker is legally possible. There is no need for a court order. It further said the person’s gender is self-identified, there is no need to consult medical doctors.

LEGABIBO also called on government to develop regulations that specify administrative procedure to change one’s gender marker, and observing self-determination process. Further, the group looks out for government to ensure members of the transgender community are engaged in the development of regulations.

“We call on this Department of Civil and National Registration to ensure that the gender marker change under the National Registration Act is aligned to the Births and Deaths Registry Act to avoid court order.

Meanwhile, a gay man in Lobatse, Moabi Mokenke was recently viciously killed after being sexually violated in the streets of Peleng, shockingly by his neighbourhood folks. The youthful lad, likely to be 29-years old, met his fate on his way home, from the wearisome Di a Bowa taverns situated in the much populated township of Peleng Central.

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Khato Civils fights back, dares detractors

23rd November 2020

CEO of Khato Civils Mongezi Mnyani has come out of the silence and is going all way guns blazing against the company’s adversaries who he said are hell-bent on tarnishing his company’s image and “hard-earned good name”

Speaking to WeekendPost from South Africa, Mnyani said it is now time for him to speak out or act against his detractors. Khato Civils has done several projects across Africa. Khato Civils, a construction company and its affiliate engineering company, South Zambezi have executed a number of world class projects in South Africa, Malawi and now recently here in Botswana.

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UDC petitioners turn to Saleshando

23rd November 2020
Dumelang Saleshando

About ten (10) Umbrella for Democratic Change (UDC) parliamentary candidates who lost the 2019 general election and petitioned results this week met with UDC Vice President, Dumelang Saleshando to discuss the way forward concerning the quandary that is the legal fees put before them by Botswana Democratic Party (BDP) lawyers.

For a while now, UDC petitioners who are facing the wrath of quizzical sheriffs have demanded audience with UDC National Executive Committee (NEC) but in vain. However after the long wait for a tete-a-tete with the UDC, the petitioners met with Saleshando accompanied by other NEC members including Dr. Kesitegile Gobotswang, Reverend Mpho Dibeela and Dennis Alexander.

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