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Monday, 04 December 2023

Dick Bayfords warning in UDC, BMD case

A well-established private attorney who is also a senior partner at Bayford and Associates, Dick Bayford has sent a chilling alert to the High Court of Botswana cautioning them against making a judgement that may have the hallmarks of causing chaos in the impending 2019 General Elections.  

Bayford said this when making presentations on the capacity as and from attorney perspective in a case in which they are representing the main opposition party in parliament – at court – Umbrella for Democratic Change (UDC). In the case the Botswana Movement for Democracy (BMD) are challenging their expulsion from the umbrella party which is now left with Botswana National Front (BNF), Botswana Peoples Party (BPP) and Botswana Congress Party (BCP) in their endeavour to unseat the ruling Botswana Democratic party (BDP).

Bayford set the context by stating that as a matter of fact currently the UDC remains the leading opposition party in the country as it comprises various political formations. “So, if by some stroke of luck, the BMD is able to go to court and later get an interdict that says UDC must not contest elections; effectively the courts would be saying that the ruling BDP must be retained to power unopposed,” the well regarded attorney told a pack of journalists in a press briefing this week in Gaborone.

He said the court must then consider this very closely if it will augur well with the constitutional democracy that reigns in this country. The courts, he added must think hard whether it is desirable effectively to have one party running and contesting elections. “Whether it will be healthy for a democracy, whether it will conduce to peace and tranquillity in the country. Those are the considerations that any court, properly advised, would have to deal with,” Bayford said.

He further pointed out that it is very easy for the court to say that they are going to stop the UDC from contesting an election but then if people were to reflect carefully and to look at whether in fact it is practically to do that I would say it is not. In his view, “that would plunge this country into a very chaotic situation.” I don’t know, he continued, if the BMD is committed to democracy in this country that would be reminded about this cost.

The law guru emphasised that what the BMD is asking for in court has nothing to do with the coming elections. “They have been saying that the UDC is not going to be permitted to campaign or run these coming elections on as UDC. I think that is totally false.” According to Bayford, they are only saying the court must nullify the suspension of the BMD from the UDC, which is basically academic because that suspension was also followed by expulsion and so it’s a non-issue.

He said the second issue that they are raising is that, as a relief, they say that the court must state that their expulsion from the UDC is null and void. “So as regards to processes in relation to elections and preparation they mention nothing. It is only now that they are bringing the argument hiding behind self-created urgency that UDC is not allowed to contest. It is an empty statement,” the UDC lawyer brushed the issue aside.

He continued to stress therefore that “there is no case before court intending to bar the UDC from contesting the election in its own right.” The anti-establishment attorney further took a chilling attack to the BMD leadership by stating that “I must say with due respect to the leadership at the BMD that there is a total figmentation of their minds.” 

Is UDC dragging its feet in the matter to reach impending elections?

So this case, Bayford narrated that the UDC first became aware of the case on the 14th December 2018 while the decision to expel the BMD having been taken way back on the 25th October 2018. UDC was only permitted to respond to the complaint at the beginning of the legal year commencing 1st February.

“Once the decision to expel the BMD, the party was fully informed of its right to lodge an appeal to the supreme decision body of the UDC which is congress. But rather the BMD decided not to utilise the option that is to exhaust the domestic revenue before they took the decision to rush to court,” he explained.

As you know recently, Bayford reminisced: I was involved in a case brought by Pelonomi Venson Moitoi and some of the authorities that were cited by the High Court in the judgement was that matters relating to political parties are best left to the political parties to determine.
“Now we expect that if the High Court is going to be consistent in its findings it should in all likelihood assume in its position that it’s important that members of a political party feeling aggrieved by an decision taken by their party should embark on the internal processes of their party before they opt for court,” he argued.

“When we were in court a statement was made by the BMD to the effect that UDC is delaying the case. We take issue with that statement because it is totally deficient of any truth. BMD decided to sit on their laurels from the 25th October to the 14 December and effectively to the 1st February 2019.”

Bayford also observed that when the BMD went to court they did not ask the court to determine on their case on grounds of urgency. “I keep referring to the Venson-Moitoi case; people keep saying that the case was ran through the day and decision taken at night. This was because of the manner in which Venson Motoi lodged the case as it was on urgency basis,” he justified.

The legal nature of the BMD/UDC court case

According to Bayford, the case takes the form of a review application which means it differs from the appeal in that when someone goes to court to seek a review of a decision it must be shown that the matter falls within the arena of public and not private law. He added “secondly a review will concern itself with legality either in substance or procedural and it does not deal with the rational or facts of the case. In an appeal when someone appeals because is aggrieved, they would be allowed to carry out a narration of the facts and ask court to make a determination or findings that were made by the lower court.”

If this case was to succeed, the renowned attorney said the court is not going to say that the facts were wrong but that the decision that was made by the UDC was wrong. What the court might say, he continued, is that the procedure that was adopted by the UDC in arriving at that decision was wrong, and that is the distinction.

“No way that the High Court is going to subpoena the powers of UDC it being a voluntary organisation governed by its rules and regulations to take a decision,” he concluded. Bayford sat with other UDC lawyers while making the presentations in the matter being Boingotlo Toteng, a senior Partner at Toteng attorneys and Dutch Leburu who is a partner at Monthe Marumo attorneys.

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19 Bokamoso Private Hospital nurses graduate at Lenmed Nursing College

28th November 2023

The graduation of 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College marks a significant milestone in their careers. These nurses have successfully completed various short learning programs, including Adult Intensive Care Unit, Emergency Nursing Care, Anaesthetic & Recovery Room Nursing, Anaesthetic Nursing, and Recovery Room Nursing. The ceremony, held in Gaborone, was a testament to their hard work and dedication.

Lenmed Nursing College, a renowned healthcare group with a presence in South Africa, Botswana, Mozambique, and Ghana, has been instrumental in providing quality education and training to healthcare professionals. The Group Head of Operations, Jayesh Parshotam, emphasized the importance of upskilling nurses, who are at the forefront of healthcare systems. He also expressed his appreciation for the partnerships with Bokamoso Private Hospital, the Ministry of Health, and various health training institutes in Botswana.

Dr. Morrison Sinvula, a consultant from the Ministry of Health, commended Lenmed Health and Lenmed Nursing College for their commitment to the education and training of these exceptional nurses. He acknowledged their guidance, mentorship, and support in shaping the nurses’ careers and ensuring their success. Dr. Sinvula also reminded the graduates that education does not end here, as the field of healthcare is constantly evolving. He encouraged them to remain committed to lifelong learning and professional development, embracing new technologies and staying updated with the latest medical advancements.

Dr. Gontle Moleele, the Superintendent of Bokamoso Private Hospital, expressed her excitement and pride in the graduating class of 2023. She acknowledged the sacrifices made by these individuals, who have families and responsibilities, to ensure their graduation. Dr. Moleele also thanked Lenmed Nursing College for providing this opportunity to the hospital’s nurses, as it will contribute to the growth of the hospital.

The certificate recipients from Bokamoso Private Hospital were recognized for their outstanding achievements in their respective programs. Those who received the Cum Laude distinction in the Adult Intensive Care Unit program were Elton Keatlholwetse, Lebogang Kgokgonyane, Galaletsang Melamu, Pinkie Mokgosi, Ofentse Seboletswe, Gorata Basupi, Bareng Mosala, and Justice Senyarelo. In the Emergency Nursing Care program, Atlanang Moilwa, Bakwena Moilwa, Nathan Nhiwathiwa, Mogakolodi Lesarwe, Modisaotsile Thomas, and Lorato Matenje received the Cum Laude distinction. Kelebogile Dubula and Gaolatlhe Sentshwaraganye achieved Cum Laude in the Anaesthetic & Recovery Room Nursing program, while Keletso Basele excelled in the Anaesthetic Nursing program. Mompoloki Mokwaledi received recognition for completing the Recovery Room Nursing program.

In conclusion, the graduation of these 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College is a testament to their dedication and commitment to their profession. They have successfully completed various short learning programs, equipping them with the necessary skills and knowledge to excel in their respective fields. The collaboration between Lenmed Nursing College, Bokamoso Private Hospital, and the Ministry of Health has played a crucial role in their success. As they embark on their careers, these nurses are encouraged to continue their professional development and embrace new advancements in healthcare.

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BNF secures 15 constituencies in UDC coalition, wants more

28th November 2023

The Botswana National Front (BNF) has recently announced that they have already secured 15 constituencies in the Umbrella for Democratic Change (UDC) coalition, despite ongoing negotiations. This revelation comes as the BNF expresses its dissatisfaction with the current government and its leadership.

The UDC, which is comprised of the BNF, Botswana Peoples Party (BPP), Alliance for Progressives (AP), and Botswana Patriotic Front (BPF), is preparing for the upcoming General Elections. However, the negotiations to allocate constituencies among the involved parties are still underway. Despite this, the BNF Chairman, Patrick Molotsi, confidently stated that they have already acquired 15 constituencies and are expecting to add more to their tally.

Molotsi’s statement reflects the BNF’s long-standing presence in many constituencies across Botswana. With a strong foothold in these areas, it is only natural for the BNF to seek an increase in the number of constituencies they represent. This move not only strengthens their position within the UDC coalition but also demonstrates their commitment to serving the interests of the people.

In a press conference, BNF Secretary General, Ketlhafile Motshegwa, expressed his discontent with the current government leadership. He criticized the ruling Botswana Democratic Party (BDP) for what he perceives as a disregard for the well-being of the Batswana people. Motshegwa highlighted issues such as high unemployment rates and shortages of essential medicines as evidence of the government’s failure to address the needs of its citizens.

The BNF’s dissatisfaction with the current government is a reflection of the growing discontent among the population. The Batswana people are increasingly frustrated with the lack of progress and the failure to address pressing issues. The BNF’s assertion that the government is playing with the lives of its citizens resonates with many who feel neglected and unheard.

The BNF’s acquisition of 15 constituencies, even before the negotiations have concluded, is a testament to their popularity and support among the people. It is a clear indication that the Batswana people are ready for change and are looking to the BNF to provide the leadership they desire.

As the negotiations continue, it is crucial for all parties involved to prioritize the interests of the people. The allocation of constituencies should be done in a fair and transparent manner, ensuring that the voices of all citizens are represented. The BNF’s success in securing constituencies should serve as a reminder to the other parties of the need to listen to the concerns and aspirations of the people they aim to represent.

In conclusion, the BNF’s acquisition of 15 constituencies, despite ongoing negotiations, highlights their strong presence and support among the Batswana people. Their dissatisfaction with the current government leadership reflects the growing discontent in the country. As the UDC coalition prepares for the upcoming General Elections, it is crucial for all parties to prioritize the needs and aspirations of the people. The BNF’s success should serve as a reminder of the importance of listening to the voices of the citizens and working towards a better future for Botswana.

 

 

 

 

 

 

 

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Children’s summit to discuss funding of NGOS

21st November 2023

One of the key issues that will be discussed by the Childrens’ Summit, which will be hosted by Childline Botswana Trust on 28th – 30th November in Gaborone, will be the topical issue of financing and strengthening of civil society organizations.

A statement from Childline Botswana indicates that the summit will adopt a road map for resourcing the children’s agenda by funding organizations. It will also cover issues relating to child welfare and protection; aimed at mobilizing governments to further strengthen Child Helplines; as well as sharing of emerging technologies to enhance the protection of Children and promotion of their rights.

According to Gaone Chepete, Communications Officer at Childline Botswana, the overall objective of the summit is to provide a platform for dialogue and engagement towards promoting practices and policies that fulfil children’s rights and welfare.

“Child Helplines in the region meet on a bi-annual basis to reflect on the state of children; evaluate their contribution and share experiences and best practice in the provision of services for children,” said Chepete.

The financing of non-governmental organizations (NGOs) by the state or its functionaries has generated mixed reactions from within the civil society space, with many arguing that it threatened NGOs activism and operational independence.

In February 2019, University of Botswana academic Kenneth Dipholo released a paper titled “State philanthropy: The demise of charitable organizations in Botswana,” in which he faulted then President Lieutenant General Seretse Khama Ian Khama for using charity for political convenience and annexing the operational space of NGOs.

“Civil society is the domain in which individuals can exercise their rights as citizens and set limits to the power of the state. The state should be developing capable voluntary organizations rather than emaciating or colonizing them by usurping their space,” argued Dipholo.

He further argued that direct involvement of the state or state president in charity breeds unhealthy competition between the state itself and other organizations involved in charity. Under these circumstances, he added, the state will use charity work to remain relevant to the ordinary people and enhance its visibility at the expense of NGOs.

“A consequence of this arrangement is that charitable organizations will become affiliates of the state. This stifles innovation in the sense that it narrows the ability of charitable organizations to think outside the box. It also promotes mono-culturalism, as the state could support only charitable organizations that abide by its wishes,” said Dipholo.

In conclusion, Dipholo urged the state to focus on supporting NGOs so that they operate in a system that combines philanthropic work and state welfare programs.

He added that state philanthropy threatens to relegate and render charitable organizations virtually irrelevant and redundant unless they re-engineer themselves.

Another University of Botswana (UB) academic, Professor Zibani Maundeni, opined that politics vitally shape civil society interaction; as seen in the interactions between the two, where there is mutual criticism in each other’s presence.

Over the years, NGOs have found themselves grappling with dwindling financial resources as donors ran out of money in the face of increased competition for financing. Many NGOs have also been faulted for poorly managing their finances because of limited strategic planning and financial management expertise. This drove NGOs to look to government for funding; which fundamentally altered the relationships between the two. The end result was a complete change in the operational culture of NGOs, which diminished their social impact and made them even more fragile. Increased government control through contract clauses also reduced NGOs activism and autonomy.

However, others believe that NGOs and government need each other, especially in the provision of essential services like child welfare and protection. Speaking at the Civil Society Child Rights Convention in 2020, Assistant Minister of Local Government and Rural Development Setlhabelo Modukanele said government considers NGOs as critical partners in development.

“We recognize the role that NGOs play a critical role in the country’s development agenda,” said Modukanele.

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