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Inside Venson-Moitoi court defeat against BDP

Three empanelled Judges of High Court  comprising Chief Justice Terrence Rannowane, Judge Abednigo Tafa, , and Judge Godfrey Radijeng on Thursday dismissed Pelonomii Venson-Moitoi court suit on the basis that she proved to her eligibility to run as President of Botswana in relation to her citizenship.  

Venson-Moitoi had taken the ruling Botswana Democratic Party (BDP) to court citing irregularities in the build up to the first presidential election in party history. The lawyers representing BDP led by Busang Manewe contented that Venson-Moitoi failed to prove in the founding affidavit that she qualifies to run presidency of Botswana, as it is requirement by the constitution of BDP to meet such requirements.

On those grounds, the BDP wanted the matter dismissed because Venson-Moitoi had no locus standi thus the right or capacity to bring an action or to appear in a court. The trio Judges agreed with the BDP lawyers that Venson-Moitoi lacked locus standi, which according to the bench was enough to dismiss the matter outright.

Venson-Moitoi citizenship in question…

According to the ruling, Venson – Moitoi has no locus standi as she did not reveal whether she is eligible to be President of the ruling party and by extension that of the country.  They stated: “the BDP’s contention is that Venson – Moitoi has not alleged and established in her founding affidavit that she qualifies to be the president of the Republic of Botswana, which is a condition precedent to being President of the BDP in terms of article 29.3.3 of the constitution of the BDP.”

The BDP had submitted in court papers that for one to qualify as President of Botswana, one must in terms of the constitution of the Republic of Botswana establish that one is a citizen of Botswana by birth or descent, over the age of 30 years old and qualified to be elected member of the National Assembly.

This is provided for at section 33 (1) of the constitution of Botswana, which sets out that: “a person shall be qualified for election as president if, and shall not be qualified unless, he or she – a) is a citizen of Botswana by birth or descent; b) has attained the age of 30 years c) is qualified to be elected as a member of the National Assembly.”

They acknowledged that subsections b) and C) are not in dispute and the BDP does not contest this as Venson – Moitoi in essence averred to be over the age of 30 and has been elected as Member of Parliament. However the ruling continued: “the requirement of citizenship by birth or descent is the problematic element that has not been disclosed Moitoi in her founding papers. Put bluntly, Moitoi has failed to prove that she is a Botswana citizen by birth or descent and that she does qualifies to be President of the Republic of Botswana in terms of section 33 afore-noted. The latter as submitted by the BDP is a precondition to qualification of the BDP.”

The Judges added therefore that “after careful consideration on the issue, we are satisfied there is considerable merit to this contention and the point in limine is upheld. The effect is that on this point alone the application stands to be dismissed.” However the 3 Judges said they will nonetheless continue to assess other points out of abundance of caution in the court matter.

Judges stated that the case is not urgent…

In addition the Judges stated that the urgency was self-created if there is any urgency at all. “The BDP contended that communication was sent to all branches and regions of the BDP on the 20th February 2019, that the National congress would be held on the 5th April 2019. The BDP submitted that Moitoi signified he intention to contest as a presidential candidate of the BDP on the 17th December 2018 and began to campaign for that purpose. The latter point is acknowledged by Moitoi,” they said.

The Judges emphasised that the BDP submitted that Venson – Moitoi had ample time to seek an order that the elections rules as sought be promulgated. “They contend that she should have approached the court when she formed the intention to contest. The BDP submitted therefore that the urgency is self-created.”

Venson – Moitoi queried rules governing the elections

According to the Judges, Venson – Moitoi’s complainant is that the BDP does not have a detailed rules governing the conduct of the election of the President of BDP. “The second complaint is that the BDP through its Secretary General on the 2nd April 2019 replied to the submission of her name as an aspirant candidate for election to the office of the President of the BDP in a manner that she does not agree with on interpretation,” they pointed out.

They stated that the Secretary General in his letter of the 2nd April 2019 responded to state that certain persons submitted by Moitoi as her sponsors did not qualify as delegates in terms of articles 29.3 and 26.4.2 of the BDP’s constitution. Moitoi avers that she does not agree with that interpretation.

“Venson – Moitoi averred that the matter is urgent and seeks that the scheduled elective congress of the BDP be stayed, alternatively be postponed on as she would not be entitled to contest the BDP party presidency as a result of the disqualification of 26 of her sponsors by the BDP’s Secretary General, which decision was communicated to her on the 2nd April 2019 in the afternoon.” Her contention is that without the rules known to all candidates, the credibility of the poll will be compromised resulting in the elections not being free, fair and credible.

She averred in the court papers further that “the political atmosphere prevailing in anticipation of the elective congress is highly charged and has polarised not only on the party, but the public in general.” She averred further that the elective congress anticipated impacts on the country’s body politic and that for this reason its transparency and credibility is essential.”

Venson – Moitoi averred that she “stands irreparable to suffer irreparable harm in the event she participates in the elective congress despite her complaint regarding the promulgation of rules and regulations, in anticipation of lodging a review application in due course.”  
She averred that this was because after the anticipated or scheduled Kang elective congress her potential contender, the President, Dr. Mokgweetsi Masisi, if successful would enjoy presidential immunity, thus rendering any court order aside the elections as irregular, merely academic.

After listening to other arguments the judges ruled that “in the premise the BDP succeeds on more than one point in lime and the application stands to be dismissed.” “We cannot overemphasise the importance of political parties resolving political disputes through internal conflict resolution processes. The point in limine succeeds,” they stated.The Judges borrowed a leaf from a Court of Appeal ruling between BDP and another versus Whyte Marobela who took the party to court in 2013 complaining about some transgressions in party primary elections.

“Further, we accept this position mindful of the Court of Appeal’s remarks that courts must be astute not to intrude in the political process by intervening too readily to overturn decisions taken by political bodies in internal elections where such bodies respect clear majority decisions, even in the face of clear irregularities in the process. Even though this is not about the elections, we take the view that the principle applies with equal force in this instance,” the judgement posits.

The ruling also points out that the interim sought by Venson – Moitoi is not competent in respect of prayer 2.5 of the draft order. “They contend that Venson – Moitoi has failed to disclose in her founding papers that she does not have an alternative remedy. The BDP further contends that Moitoi has an alternative remedy of article 13.6 of the BDP’s constitution. She further contended that article 13 of the BDP’s constitution was not available as a remedy in that it was tantamount to requiring Moitoi to exhaust local remedies.” As a result, the Judges ruled that “we take the view that Venson-Moitoi misses the point. The BDP has outlined an alternative remedy as set out in article 13.6 of the BDP’s constitution.”

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Gov’t has no budget for Magosi’s SADC chase

12th April 2021
Elias Magosi

Despite the government of Botswana’s ambition to have one of its own to lead Southern Africa Development Community (SADC) since its establishment in 1980, the Presidency says there is no budget specifically dedicated to the campaign.

The Government has released the name of Permanent Secretary to the President, Elias Mpedi Magosi, as the candidate for the SADC Executive Secretary position. Magosi is expected to face off with Democratic Republic of Congo (DRC) candidate, Faustin Mukela. The position will become vacant in August this year.

However, despite the optimism the Botswana Government has not yet set aside a budget to assist Magosi to win against the seemingly DRC giant. “We all know that the COVID-19 pandemic has negatively affected the country’s ability to effectively fund any new project. This campaign is not an exception. As such, we do not have any budget for the campaign. However, we have so far managed to take advantage of His Excellency the President’s working visits to the neighbouring countries to also carry out the campaigns,” Press Secretary to the President, Batlhalefi Leagajang, explained.

Botswana has housed SADC since the establishment of the then SADCC in 1980, but has never occupied top most leadership positions at the SADC Secretariat.  “We therefore, strongly believe that we should also have an opportunity to contribute to the management of our regional body as it continues to drive the important issues of regional integration industrialization and socio-economic development.

This will also profile Botswana as a strong advocate of regional integration,” he responded to this publication’s questionnaire as to why the Government wants to occupy the plum post. SADC is a Member State driven organization. As such, Leagajang said, needs a well-grounded Executive Secretary with a blend of management and leadership acumen; a transformational leader with political awareness and integrity; private and public sector experience; a deep culture of corporate governance; as well as strategic agility and result-oriented consummate diplomat.

“These are the unique attributes of our candidate,” he said. So far President Mokgweetsi Masisi has visited nine out of 16 SADC member states on a working visit and also taking an opportunity to present to them his candidate.

“The countries have appreciated this effort and we remain hopeful. However, it is important to note that this is a democratic and competitive process which must be respected,” he responded when asked about the reception and assurances from various countries to cast a vote for Magosi.

In 2018, when Pelonomi Venson-Moitoi challenged for the Africa Union (AU) Chairperson, the government appointed former President Festus Mogae to be the campaign leader. Does the Government have anyone apart from Masisi to help with the campaign?

“The campaigns for the candidate are strictly led by the Government of Botswana. Since this is a candidate for Botswana, not just the Government, it will be appreciated if all Batswana, including the media, could also shoulder the responsibility to campaign for the candidate in their own spheres of influence,” Leagajang responded.

While there are sceptics on Magosi winning against the DRC man, the Government is confident and believes that with the unique traits that he possess, Magosi stands a chance. He is said to be a strong advocate of justice and fairness as he has played this role in his current role as PSP and in his previous roles as PS and in the private sector. He has helped individuals and companies to find justice and fairness in most of their dealings with Government.

Magosi is also said to be a proponent of corporate governance and which he has relentlessly pursued in most of his career including in Government and other sectors. A strong believer in following laid down procedures and laws. “He carries a variety of skills as an HR expert with experience in different sectors, a strategist and an Organization development specialist.

His experience and exposure spans government, parastatal, private sector and at regional level as well, thus making him a suitable candidate for the regional role. He has worked with governments, businesses, development partners and politicians and is comfortable navigating through all of them,” Leagajang concluded.

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Mzwinila’s P4.3 Billion gamble to keep water flowing

12th April 2021
orth-South-Carrier

The Minister of Land Management, Water and Sanitation Services, Kefentse Mzwinila looked a politician set to shoot the moon as he laid bare his billions of pula development agenda recently in Parliament.

His Ministry’s combined Recurrent and Development Budget Proposals for the 2021/ 2022 Financial Year is pegged at Four Billion, Three Hundred and Sixty – Five Million, two Hundred and Nineteen Thousand, Five Hundred and Sixty Pula (P4, 365, 219, 560). This is a budget 38.3% more than the allocation for the 2020/2021 Financial Year.

Mzwinila preluded his request to parliament with a demonstration that his Ministry has no champagne taste on a beer budget – indicating that his ministry’s expenditure at the end of February 2021P2.111 Billion or 96% of development budget; and P910 million or 90% of the recurrent budget.

Notwithstanding the budget dust, the Minister justified this year’s increase in the Ministry’s total budget. He attributed the escalation to the commencement of major projects under the water sector. These include the implementation of the North South Carrier (NSC) 22.2 covering various sub projects. Mzwinila noted that these are all public value projects which are aimed at improving the lives of Batswana.

Mzwinila’s Ministry has projected that the sum of Nine Hundred and Sixty –Three Million, Nine Hundred and Forty – Seven Thousand, Five Hundred and Sixty Pula (P963, 947, 560) be permitted for the Recurrent Budget and stand part of the 2021 / 2022 Appropriation Bill ( No. 1 of 2021).

“55% of the Recurrent Budget is geared towards the Revenue Support Grant for 12 Land Boards and their subordinate authorities while the sum of P5 Million is allocated to the Real Estate Advisory Council (REAC). The remaining 44% is proposed for the Ministry Departments.”

The sum of Three Billion, Four Hundred and One Million, Two hundred and Seventy –Two Thousand Pula (P3, 401, 272, 000), for the Development Budget was approved and stand part of the same schedule of the appropriation (2021/2022).

When breaking down the Development Budget, Minister Mzwinila noted that Water Supply and Sanitation projects will account for P1.098 Billion to finance the Maun Water and Sanitation project, Molepolole Sanitation projects and the Shakawe Water Treatment Plant Rehabilitation.

With all the implementation bottlenecks troubling several projects in the country, Mzwinila had to satisfy the question of whether his Ministry demonstrated a dire need for the budget with reference to its execution of the budget for the financial year 2020/2021 and its delivery of strategic initiatives and projects?

Mzwinila’s pitch found favour with parliament and his ministry will get an aggregate budget of P3.198 Billion for the 2020/ 2021 Financial Year. Within this allocation, P2.188 Billion is for the Development Budget and P1.010 Billion will cover the Recurrent Budget.

The Minister revealed his strategic interventions for land management, water and sanitation services. Highlighting that efforts by Government to provide serviced residential land to citizens on the waiting list are being hampered by limited resources. He shared that his ministry needs P94 Billion to cover such costs which will directly link to water, sewage, roads, electricity, telecommunications and storm water drainage leading to the allocation of 4 587 plots on un-serviced land.

The minister projected that 22 952 un-serviced residential plots are planned to be allocated in the next financial year. However, there is a trend where allocated land remains fallow and undeveloped which raises misgivings that the requests could have been made on speculative plans.

Mzwinila noted that in the spirit of forging stronger International connections, the Ministry will in June 2021 sign a Memorandum of Understanding on Land matters between Namibia and Botswana with the aim of opening doors to the creation of Dry Ports in the country, facilitate international trade through Walvis Bay Sea Port.

Botswana is already challenged by scarcity of naturally occurring water resources due to the aridity of the country creating persistent water shortages. The type of infrastructure required to improve national water security is a true reflection of intensive investment needed in the water sector The Minister stressed.

“An emerging issue such as the COVID -19 pandemic poses serious challenges as the control of the virus requires reliable water supply. In an effort to mitigate the challenge, the Ministry has undertaken extensive bowsing throughout the country which included the provision of additional capacity for supplementary bowsing to areas with pervasive water shortages, plus an additional forty one (41) un-gazetted settlements.

Operational costs due to bowsing were at an average of P6 Million per month before the COVID-19 pandemic and increased to an unsustainable amount of the order of P13 Million per month, since the beginning of the State of Emergency in April 2020,” the minister shared.

Through the support of a World Bank Loan, the Ministry is implementing several initiatives under the Botswana Emergency Water Security and Efficiency (BEWSE) project. Through BEWSE the Raw Water Pricing and Abstraction Strategy will assess the pricing of water in a manner that enables the provision of water to support new economic development, the strategy is planned to be completed in June 2021.

The Ministry has commenced the development of a long term National Water Security Strategy to improve resilience to climate change impacts. The strategy development entails prioritization of the proposed future mega water transfers such as the Chobe – Zambezi water transfer, the Atlantic Ocean water transfer to Botswana through Namibia and Lesotho – Botswana water transfer.

Following the signing of the tripartite Memorandum of Agreement (MoA) between Botswana, Lesotho and South Africa in November 2017 for the Lesotho –Botswana Water Transfer project, a 24 months contract for a combined prefeasibility and feasibility study for the development of a bankable Lesotho – Botswana Water Transfer project feasibility study was signed and is to be completed in 2022.

One of the Ministry’s famous major water supply projects such as the North South Carrier (NSC) 2.2 has experienced hiccups; having tenders for contract 1 (Masama to Mmamashia Pipeline) and Contract 2 (Mahalapye to Masama Pipeline) cancelled due to budgetary constraints.

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Will Botswana’s Climate Change policy climax?

12th April 2021
Botswana Climate

The Botswana Climate Change policy draft of 2021 was tabled in Parliament by the Minister of Environment, Natural Resources Conservation and Tourism, Philda Kereng for consideration and adoption.

The policy attempts to indicate the country’s environmentally conscious development agenda as Substantial resources are being dedicated to research and policy efforts to mitigate climate change and support adaptation to the current and future impacts of greenhouse gas emissions.

Kereng indicated that Botswana is not immune to the impacts of climate change and it continues to delay the country’s national development efforts and that the key economic development sectors dependent on the climate system have recorded declines over the years due to the variability of the rainfall and other climatic conditions. Experts elsewhere have pointed out that lack of consideration of population dynamics hampers the development of stronger, more effective solutions to the challenges climate change poses – hopefully this policy if effectively implemented could partly answer this question.

Kereng underscored that sectors such as agriculture, water, bio diversity, health and tourism have suffered the most and the consequences of these have contributed significantly to the decline of livelihoods in Botswana especially in rural areas.

To respond to the changing climate, Botswana has embarked on sectoral reform such as climate smart agriculture, poverty alleviation initiatives, building resilience on the economic productive sectors, diversification of tourism for the improvement of livelihoods and income generation, local economic development and sustainable environment.

The efforts require a coordinated mechanism that will provide an enabling environment for an integrated approach to the formulation and implantation of development plans and socio economic related policies in Botswana that are responsive to the changing climatic conditions.

Minister Kereng explained the draft policy is characterized by an inclusive and integrated approach to social, economic development and governance modalities that would enable the country to achieve a sustainable development pathway. It provides opportunities for improved livelihoods through creation of green jobs, development and transfer of relevant technologies as well as creation and ease of access to both local and international markets. It also commits the government, private sector and non-state actors to adopt adaptation and mitigation measures that would facilitate sustainability and building of resilience of all sectors.

While Members of Parliament were trying to comprehend the policy, this publication got in touch with Green Botswana to solicit their views on the policy draft. Ms. Sela Motshwane, the Founder of the Trust highlighted that “the Climate Change policy was meant to be read in August 2019. It is long overdue, and we all need to see it and understand it in full.

I understand the current budget does not allow for a full implementation- but I could be wrong. More funds could have been allocated since. I think generally, Batswana need to understand fully what this means to our daily lives. I believe the true understanding is by policy drafters and the Ministry of Environment only.”

In the same vein, Green Botswana Trust took to the streets to provide a community solution to climate change on World Health Day (Wednesday). Green Botswana held a “Free Trees for Babies” at Extension 2 Clinic where fruit trees were gifted to parents, expectant mothers, 25 health workers, police officers and the prison officers who had accompanied prisoners to the clinic.

Motshwane said: “The decision to do the “Free Trees for Babies” by gifting fruit trees was to raise awareness to our imminent food security issue as stated by the Deputy Permanent Secretary of the Ministry of Agricultural Development and Food Security, Mr. Thabang Botshoma and encourage the general public to plant a tree so that we can reach our SGD Goal 13 : Climate Action. The trees gifted are to be named after the baby recipient”.

Green Botswana is calling for the urgent action from government and members of the public to create a culture of community accountability and collegiality in moving Botswana towards climate action and sustainability. To achieve the 2030 Paris Agreement Pledge, it will take all citizens and not just the government to reach goals.

Parliament resolved to adopt the Botswana Climate Change Policy, 2021.

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