State rattled in same sex relations case
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The Gaborone High Court, this week heard the much awaited case in which one Letsweletse Motshidiemang is challenging the courts to decriminalize same-sex relations between two consenting adults and imposes a maximum sentence not exceeding seven years imprisonment.
LEGABIBO has been admitted as friend of the court in the matter. The case is challenging the constitutionality of sections 164 and 167 of the Botswana Penal code and its social impact on the LGBT community and how it increases their chances of discrimination and how it
Lekgowe, representing the applicant argued that the matter they brought before the court was a matter of national interest and cannot be postponed because it has been going on for too long. This came about, when the Prosecutor, Advocate Sidney Pilane was nowhere to be found as he had attended another court case. The defendants could not take this and the panel of three judges were in agreement.
“Senior Counsel Pilane knew about this case, he should have organised his diary. We all have diaries here, we will not allow for this matter to be postponed. It has been before the courts since November. It will go on whether Senior is here or not,” Judge Tafa said. In the heads of arguments, Lekgowe argued that it is time same sex relations are decriminalized. “Homosexuality must be accepted, when the laws on same sex where drafted the society was not yet ready to accept same sex relations.
That is no longer the case, the society has softened up. We even have a song by Sereetsi and Natives and we dance to it and this is proof that society is now tolerant. We ask that the laws be changed as society has changed,” argued Lekgowe. Lekgowe contended that discrimination and assaults on the LGBT community exists because the law itself discriminates them by criminalizing same-sex relations. “How can Batswana be tolerant if the law itself is not tolerant?
It is degrading for parliament and government to criminalize this. We are not looking for the public to like homosexuals, we want them to tolerate it, and tolerance means you can disagree. That is even on one of our pillars in 2036, a compassionate and caring and tolerant nation,’’ he said. “Court of Appeal doesn’t dwell on interpreting the constitution all it does is pose the public perception that is not how you interpret the constitution. The public should not decide what section 164 and 167 means.”
Admitted as friends of the court LEGABIBO, represented by Tshiamo Rantao disputed that they have submitted enough evidence before court on the practical effect and social impact that sections 164 and 167 of the Botswana Penal code have on daily lives and experiences of the LGBT persons particularly. The submissions illustrated how criminalization of same sex sexual conduct limits LGBT person’s ability to access basic social services, increases their chances to discrimination, and infringes on their basic human dignity.
“The question is not what two consenting men were doing in their bedroom, what was the law doing in their bedroom? LGBT experience stigma and discrimination in their daily lives. Are sections 164 and 167 consistent to the constitution? No, they are not because they attract to both heterosexuals and homosexuals. Evidence we placed is very clear, it is not in dispute that the applicant is a gay man. Should he then go to jail for his feelings? Why two homosexuals can’t be allowed to express themselves. How are they violating anyone’s rights?” submitted Rantao.
Arriving four hour late into the proceedings, Advocate Sidney Pilane argued that the case set before High Court was not about homosexuals, stating that it is also not about the penal code but about morals. Attendants in the court case could not help but murmur to this statement in disapproval causing the judge to call the court to order.
“This case is about us as a society and what values we hold, the LGBT have rights the same way we do. That is why some of them are here and not in prison, they grew up with yes as brothers and sisters. We just have to stick with our values and morals,” Advocate Pilane.
Advocate Pilane further argued in his debate that: “We have to endure discomfort as persons, I have people who have my head drawn in a P10 note. Is the law going to protect everybody? How far are we willing to go at protecting everybody, who do we not protect and why do we not? We are just looking to blame the law.”
Pilane gave an example of prisoners, “People in prison are not entitled to have sex, should they complain? Should a person who is not allowed to have sex in public, in prison and in boarding schools complain? The prisoners are not having sex in jail, are we saying they should complain too? Does that subject them to human degrading?”
“LEGABIBO should not burden the court but lobby parliament to change the law,” Pilane. “But do you accept that they have the right to approach the court?” asked Judge Tafa. “ Mr Pilane we are talking about human beings, our sons and daughters, fathers and mothers, are you saying they shouldn’t have sex?” another question posed by Judge Dube. ‘Heterosexuals are spoilt for choice, homosexuals don’t have a choice, and the Attorney General has told us, what other choices do they have?” Judge Tafa to Pilane.
Facebook was set ablaze by the case, newsfeed thronged with comments and posts. One of the comments by human rights activists lawyer Uyapo Ndadi read. “The argument by the Botswana Government on homosexuality are embarrassing. I am afraid that the world may think that indeed we are regressing on our democracy and human rights standing.”
Another post read, “To some, it is okay to speak for women’s rights when you are not, for children’s rights when you are not, for HIV infected person’s rights when you are not, for survivors of domestic violence when you are not abused, but if you speak LGBT rights when you are not, it becomes questionable.” The judgement on the case will be delivered on the 11th June 2019.
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BTC launches the 3rd Francistown Marathon 2024 and handover proceeds to the 2nd Francistown Marathon beneficiaries
Botswana Telecommunications Corporation Limited (BTC) has announced that its 3rd Francistown Marathon will be held on Saturday 20th April 2024 at Obed Itani Chilume Stadium in Francistown. The BTC Francistown Marathon is officially recognised by World Athletics and a Comrades Marathon Qualifier will offer race categories ranging from 42.2km, 21.1 km, 10km, 5km fun run, 5km peace run for children and has introduced a 5km and 10km categories for wheelchairs athletics.
BTC also used this opportunity to announce beneficiaries who received donations from proceeds made from the 2nd BTC Francistown Marathon that was held on April 23rd 203. BTC donated a play area, plastic chairs and wooden tables for pupils worth a total of thirty eight thousand, one hundred and three pula, fifty thebe each (P38, 103.50) to Monarch Primary School, Tatitown Primary School, Mahube Primary School and Gulubane Primary School. Ditladi and Boikhutso clinics each received a donation of benches, television sets and 10, 000 litre water tanks worth thirty seven thousan, eight hundred and ninety eight pula (P 37, 898.00). Additionally, BTC also donated seventy thousand pula (P70,000.00) to their marathon technical partner, Francistown Athletics Club (FAC) which will be used for daily operations as well as to purchase equipment for the club.
The BTC Francistown Marathon aligns seamlessly with BTC’s corporate social investment programme, administered through the BTC Foundation. This programme is a testament to BTC’s dedication to community development, focusing on key areas such as health promotion. The marathon, now in its third year, not only promotes a healthy lifestyle but also channels all proceeds to carefully chosen charities as part of BTC’s commitment to impactful and sustainable projects.
Speaking at the launch, the BTC Managing Director Mr Anthony Masunga stated that the marathon underscores BTC’s commitment to community upliftment and corporate social investment. He stated that “the annual event which has been in existence since 2016, having taken a break due to the covid and other logistical issues, is instrumental to the economic upliftment of the city of Francistown”. He congratulated all the beneficiaries for having been nominated to receive the donations, adding that “the donation of proceeds from the 2023 marathon aims to highlight BTC’s commitment and heart for Batswana and our continued impact in the different industries”.
He further stated that through this marathon, “we demonstrate our steadfast commitment to having a good influence on our communities, this event is a manifestation of our dedication to promoting education and a healthier, more active society”. He concluded by stating that “BTC looks forward to another successful marathon that will leave a lasting positive influence on the greater Francistown community and the country at large” he said.
Giving welcome remarks, the Councillor for Donga, Honourable Morulaganyi Mothowabarwa stated that “he is ecstatic that BTC is collaborating with the City of Francistown on yet another installment of the Marathon”. He continued to offer his support to BTC to enable this marathon to continue over the coming years, stating that the “CSI element is a welcome development that helps empower our communities”, he said.
The 3rd BTC Francistown Marathon is officially open for registrations and athletes may use the following platforms to register and pay; through Smega by dialling *173# and choosing opton 5, then choose Option 3 for the Francistown marathon, at any BTC store or by visiting the BTC website and clicking on the BTC Francistown Marathon and choosing the relevant options.
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Letsholo lauds President Masisi’s digitization in fight against corruption
Thapelo Letsholo, Member of Parliament for Kanye North, delivered a moving speech at the United Nations International Anti-Corruption Day commemoration, praising President Dr. Mokgweetsi Eric Keabetswe Masisi’s digitalization initiative in the fight against corruption. Letsholo highlighted the importance of embracing digitalization in governance as a crucial step in curbing corrupt practices.
According to Letsholo, the implementation of digital systems in government services can significantly reduce direct interactions between citizens and officials, which often serve as fertile grounds for corruption. By minimizing these opportunities for illicit activities, the efficiency and transparency of public services can be enhanced. Letsholo pointed to Estonia’s success in digital governance as an example, where public services have become more transparent, accessible, and efficient.
The MP commended President Masisi’s commitment to digitalization and E-Governance, emphasizing that it aligns with global anti-corruption standards. He called for full support and active participation from all sectors to ensure the success of this initiative.
Letsholo also stressed the importance of improving detection methods and refining whistleblower laws to effectively combat corruption. He highlighted the unseen and unspoken facets of corruption as its lifelines, emphasizing the need for robust detection mechanisms and a system that encourages and protects whistleblowers.
Addressing the societal role in fighting corruption, Letsholo focused on the crucial role of everyday citizens and civil servants who often witness corrupt practices firsthand. He acknowledged the existing reluctance to report corruption due to the perceived risks of repercussions. To change this narrative, Letsholo advocated for creating an environment where staying silent is deemed more detrimental than speaking out. He called for a cultural shift where the potential benefits of exposing corruption outweigh the risks, ensuring that whistleblowers are protected and feel secure in coming forward.
Letsholo called for collective responsibility and action in creating a system that not only detects and reports corruption but also supports those who stand against it. He expressed hope that under President Masisi’s digitalization initiatives, the future of governance in Botswana will be characterized by integrity, transparency, and accountability. Letsholo’s speech resonated with the sentiments of hope and determination that permeated the commemoration, emphasizing the need for unity in the fight against corruption.
In summary, Letsholo lauded President Masisi’s digitalization initiative in the fight against corruption, highlighting its potential to curb corrupt practices, enhance efficiency and transparency in public services, and align with global anti-corruption standards. He emphasized the importance of improving detection methods, refining whistleblower laws, and creating an environment where speaking out against corruption is encouraged and protected. Letsholo called for collective responsibility and action in creating a future characterized by integrity, transparency, and accountability in governance.
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FaR property assets value clock P1.47 billion
FaR Property Company (FPC) Limited, a property investment company listed on the Botswana Stock Exchange, has recently announced its exceptional financial results for the year 2023. The company’s property asset value has risen to P1.47 billion, up from P1.42 billion in the previous year.
FPC has a diverse portfolio of properties, including retail, commercial, industrial, and residential properties in Botswana, South Africa, and Zambia. The company owns a total of 186 properties, generating rental revenues from various sectors. In 2023, the company recorded rental revenues of P11 million from residential properties, P62 million from industrial properties, and P89 million from commercial properties. Overall, the company’s total revenues increased by 9% to P153 million, while profit before tax increased by 22% to P136 million, and operating profit increased by 11% to P139 million.
One notable achievement for FPC is the low vacancy rate across its properties, which stands at only 6%. This is particularly impressive considering the challenging trading environment. The company attributes this success to effective lease management and the leasing of previously vacant properties in South Africa. FPC’s management expressed satisfaction with the results, highlighting the resilience of the company in the face of ongoing macroeconomic challenges.
The increase in profit before tax can be attributed to both an increase in income and effective control of operating expenses. FPC managed to achieve these results with fewer employees, demonstrating the company’s efficiency. The headline earnings per linked unit also saw an improvement, reaching 26.92 thebe, higher than the previous year.
Looking ahead, FPC remains confident in its competitiveness and growth prospects. The company possesses a substantial land bank, which it plans to develop strategically as opportunities arise. FPC aims for managed growth, focusing on consumer-driven developments and ensuring the presence of supportive tenants. By maintaining this approach, the company believes it can sustainably grow its property portfolio and remain competitive in the market.
In terms of the macroeconomic environment, FPC noted that inflation rates are decreasing towards the 3% to 6% range approved by the Bank of Botswana. This is positive news for the company, as it hopes for further decreases in interest rates. However, the fluctuating fuel prices, influenced by global events such as the war in Ukraine and oil output reductions by Russia and other Middle Eastern countries, continue to impact businesses, including some of FPC’s tenants.
FPC’s property portfolio includes notable assets such as a shopping mall in Francistown with Choppies Hyper as the anchor tenant, Borogo Mall located on the A33 main road near the Kazungula ferry crossing, and various industrial and commercial properties in Gaborone leased to Choppies, Senn Foods, and Clover Botswana. The company also owns a shopping mall in Mafikeng and Rustenburg in South Africa.
The majority of FPC’s properties, 85%, are located in Botswana, followed by 12% in South Africa and 3% in Zambia. With its strong financial performance, competitive position, and strategic land bank, FPC is well-positioned for continued growth and success in the property market.