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The Law and the People

MAXWELL MOTHAPELARURI MOATHUDI

While we are grappling with illegal gunmen who gate-crush congresses, rapists, murderers, the corruption prone, tax evaders and so on and so forth, let us pause and look at some aspects of the Law as it pertains to our beloved country and its humble, see no evil, hear no evil, talk no evil, law abiding people.

Is it working for us? In other words, does it serve the purpose for which it is intended? Does it serve to regulate behaviour? Maybe, maybe not. It really depends on how or from where one looks at it. For me .. well … here and there, but on the whole I think our Law is not that effective nor efficient. Or maybe it is because of how it is crafted, or interpreted or implemented, or just how I feel about it; I have no clue. I am saying this because I think we are using the Law to solve problems.

Is it intended that way? I really do not know, but that will not prevent me from representing my lay-man’s views in terms of what I think are deficiencies of some of our laws. Oops! Did I just write “deficiencies”? Mmm…h! I do not think I qualify for that. I wanted to, maybe write, irrelevant. Yes, irrelevant, unpredictable and most times un-implementable.

Is this a problem, or I am just making a mountain out of a mole hill? Well, I think it is and probably the reason we are not solving the problems we intend to solve is because we have not, as yet, recognised their existence, or we have, and just choose to ignore them. I just cannot comprehend why we always seem to tighten the screws every time the citizenry seems to be getting out of the way.

Are stiffer laws and punishments a solution to the problems besieging our lovely country? Have we ever considered that maybe it is the circumstances that the citizens of this country find themselves in, and unintentionally and innocently break the law, to make ends meet? Have we? I doubt! What then, is the use of tightening the screws if the circumstances remain the same? An exercise in futility? I guess so. We seem to be intent on the “HOW” aspect, as opposed to the “WHY” aspect.

We look at some variables, that suit us of course, not the equation. During a workshop, in Botswana sometime in February, 2016 or there about, aimed at evaluating where Botswana currently is regarding the death penalty and if enough is being done to minimise fatal errors, Justice Lovemore Chikopa of the Malawi Supreme Court, had this to say; “Talking too much about punishment and not enough focus on reducing people’s chances to offend and/or re-offend does not serve any good”. This says it all, ladies and gentlemen, and he was talking to us; seems we did not understand though.

I think we need to comprehensively concentrate on “why” people break the law, as opposed to “how” we can punish them for breaking the law. It is that simple! Even before the birth of Jesus Christ, Plato (427 to 347 B.C), posited that “Good people do not need laws to tell them to act responsibly, while bad people will find a way around them”. It amazes me that, in the 21st century, we still are not able to match the thinking abilities of people like Plato.

Therein lies the problem; our thinking abilities. We need to recognise the existence of a problem (detect the problem (this we do)), determine the cause of the problem by informed diagnostic methods (this we do not do) before we can even think of effecting a solution to the problem (this we do, and like doing). This I think is yet another problem. We have a propensity to effect solutions, by way of tightening our laws, without thoroughly diagnosing the cause of the problem. We have this irritating and ineffective “replace the fuse – all size fits all” mentality.

Our people will continue to innocently break the law, due to circumstances beyond their control and we will continue to tighten the screws. Those with the wherewithal to rope in legal representation – and they are virtually non-existent in this lot – will claim extenuating circumstances, and probably evade the slammer. Where does this lead us; to overcrowded court-houses and prisons, family disintegration and all sorts of nasty repercussions associated with breaking the Law. The funds that have to be used to build roads, schools, hospitals, clinics and a whole list of valuable and essential infrastructure is used to satisfy our insatiable appetite for solving problems with legislation, and locking our people up.

Besides this insatiable appetite for putting our people behind bars, we lack the rationale to distinguish between laws that punish the citizens and those that regulate and protect the citizens. Mature democracies go all out to promulgate laws that effectively and efficiently protect and regulate their citizens. Why can we not? We cannot because we do not take our people seriously. Otherwise why promulgate laws such as “shoot to kill”.

Kill who? Our very own people who vote for us. Our very own people who are forced by circumstances to break the law, knowingly or otherwise, they still do not have a choice; they just need to survive. Survive as their ancestors survived by killing, not poaching, the animals they live with and amongst, and they do this discriminately because they appreciate that the animals need to procreate so that they maintain their (the people’s) survival.

Here is a truly strange one, that sure flies in the face of logic; we encourage people to drink lots of water and then prevent them, by law, from passing the excess off, fully knowing that we have not provided facilities for getting rid of the excess. How immature! Everyone knows it is bad, and wrong, to pass off excess water anywhere one wishes to, but, in the absence of the requisite infrastructure, what does one do when nature calls? And I mean really calls? You see, it is a conundrum, and it requires mature reasoning and respect for the sanctity of life.

If we continue passing law after law in pursuit of the “HOW” to punish those who break the law, we will certainly end up with a situation where the citizenry does not respect the law. We will certainly end up with a situation where even the law enforcement cadre do not know which or what law to use against the people.

This might effectively bring about law breaking and corruption amongst the enforcers, who represent the Government, and, Justice Louis D Brandeis, US Supreme Court Justice this to say about this kind of situation; “Our Government is the potent, the omnipotent teacher. For good or for ill, it teaches people by example…if the government becomes a law breaker, it breeds contempt for law; it invites every man to become law unto himself”.

If you have read an article carried in the Sunday Standard of March 3 – 9, 2019, titled “Police law-breaking almost cost two men their lives”, you will catch my drift. Yet again, we might end up with people or organisations creating their own laws, simply because there are so many laws which cause confusion among the people and the law enforcement officers themselves. Explain this; why is it that a certified copy of a National identity card (Omang) has to expire, and in three to six months for that matter, before the original card expires?

If this is a law, then, at best, it is stupid! Will this not encourage corruption? Come on, let us be serious! A poor old man hitch hikes all the way from Moletemane to Mmadinare to drop off land application forms and is told that his certified copy of “Omang” has expired! He has the original card in his pocket but it has not expired. The poor fellow is confused but is afraid to confront the not so friendly gate-keeper (sometimes application forms are handled by gate-keepers), so off he hungrily hitch hikes to Selebi-Phikwe Omang offices to be informed that his card has still got three or so more years before expiry. Confusion! Confusion! Confusion! I do not want to explain how this will lead to corruption; it’s all there for you to figure it out dear esteemed reader.

Very soon we might find ourselves not giving rides to our family members because someone might misinterpret the law as outlawing hitch-hiking. What is outlawed is getting paid for giving someone a ride, not giving the ride itself. Same as carrying “Omang”. There is no law prescribing the carrying of “Omang”. There is serious need to educate law enforcement officers, and the public at large, so that there is harmony amongst us.

We make laws and leave it to the people to figure them out. If one is unlucky not to know about the existence of some law, and they break the said law; you know what happens? “Ignorance of the law is not an excuse”. If this is the law, then it is cowardly. Not everyone can read. So putting the responsibility to know and interpret the law on people who cannot read, let alone access where the law is published, is downright cruel, and, at best, rude.

While we are busy making laws that punish our people, we very conveniently ignore cries from the people to pass other laws which will protect the people and the people’s interests. Why? The answer is simple! We ignore these cries, from our VOTERS, so that we may keep the voters in the dark and enjoy the fruits alone. How else does one start to explain the reason behind not promulgating a law on “Declaration of Assets and Liabilities”?

Well, I will start to explain by stating “so that the people may not know what we brought with us (assets or liabilities) when we acquired power (and we mostly bring liabilities) and therefore cannot prove we enriched ourselves whilst in power”. And then again, this law, as it has been argued in some quarters, will not be of “significant assistance unless accompanied by legislation on the right to information (Freedom of Information Act) and an appropriate Media Practitioners’ Act”.

Simple! How long have Media practitioners been harping to have the Legal Practitioners’ Act (LPA) repealed, or at the least reviewed? Ten or so years? That is a long time, and we have decided to turn a deaf ear to their cries. This is misplaced reasoning on our part. Should the law not address issues of equality, fairness and justice? What then happens to the equality, fairness and justice, which the law has to concern itself with? We are imperilled by statements such as, “why fix it if it not broken”.

That is an American way of thinking and I struggle to figure out “why America? when we are still a developing country, without laws that genuinely protect the interests of the ordinary masses”. We are custodians of this information, on behalf of the people, why then do we deny them that which we hold on their behalf. Baffling, is it not?

You see, we are all a people, governed by a people and I want to believe, for us (the people). So I just do not understand why a people governed by a people for the people, should want to disagree on what the people feel is right for them. Because, whatever is right for the people, has to be right for the law maker, unless the law maker does not live the life of the ordinary people.

For you, esteemed reader, to catch my drift, you have to belong with the masses. You have to live with the ordinary people, and experience their hardships brought about by overly retrogressive legislation. I live amongst a people who do not understand the law, and yet are supposed to respect it and engage with it. I live amongst a people who do not know that it is an offence to kill another human being. To them, their law is the law of the jungle – “eat or be eaten”.

So, to subject these people to the rigors of the modern law and not educate them on it is an injustice. I want to believe the majority of the people who inhabit prisons know absolutely nothing about the law, or if they do, they think it is for those who passed the laws. “Melao yeo ke ya bone” is the usual rhetoric amongst these people. If you do not understand me, come with me to the cattle-post, spend the weekend with them, and you will understand.

“From where I stand, you are no longer the break of day. You are no longer the silver light that shines in the evening. I can hardly feel my heart even though you hold me in your arms, and I hope you stay far from where I stand. Look at me … tell me what you see. Do you understand what your laws have done to me? You no longer sweep my heart away. You no longer hold me close beside you and help me find my way. It is no longer clear if you are the only for me. At least if you could see that it is written in my eyes how much I love you, my beloved Botswana”.

Much as he was not focussing on what this article is about, Iqbal Ibrahim (Understanding Islam) mirrors my thoughts in the Weekend Post of 02 – 08, March, 2019, when he writes; “We go through our daily lives with tests and challenges – sometimes we get so overwhelmed by them that we ask “why me”? When these things happen, our patience is tested and some people go into depression, lose faith and hope and even go as far as getting into a state of limbo because we lose rationality.

When the future looks bleak, we must remember the saying; “every cloud has a silver lining”. The cloud is the deteriorating state of affairs in our country and the silver lining is HE MEK Masisi. Even as they lambast and harangue you, I have HOPE! Do not lose sight of where you want to take our country. I want to sing Dobbie Gray’s song the way he sang it, once again, not in the bastardised fashion as in the previous paragraph, and I have faith you will finally make that possible; AGAIN.

May God bless this, the Republic of Botswana. PULA!!!
Maxwell Mothapelaruri Moathudi writes from Selebi-Phikwe

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WeekendLife

MOSADI: Grooming the Boss Lady

1st March 2021
Image consultancy- Mosadi Consultants

Women love style, looking dolled up, looking graceful and elegant but it begs the question; is your personal image representing the true you?

It is important to wear the right outfit, colours, styles and attitude to achieve your best look and to be taken serious. In addition, it is essential to wear the right mind-set about your self-image because the way you see yourself will have a mirror effect on how others see you.

Mosadi is an image consultancy geared towards uplifting women socially by means of image consulting. It empowers women to look great, feel their best and increase self-confidence.

Image consulting is a professional field that aims to improve the image of a client personally or professionally through appearance, behaviour, and communication.

With proper grooming, wardrobe, accessories and body language, Mosadi will project your best image and unique personal style to create greater opportunities and improved relationships.

It will also assist you communicate your personal or professional goals successfully to project greater confidence in all situations. In an exclusive interview with WeekendLife, Lemogang Sesupo, co-owner of Mosadi (currently employed as a teacher) said this is a business she started with her blood sister Boemo Sesupo (a records officer).

“I can confidently reveal that running this business has its ups and downs, but what better way to have those struggles than with family. She is more into the clothing line and I am more into the consultancy but together we make it work. The two departments give into each other which makes it easy for us to make it work,’’ said Sesupo.

She says passion, purpose and hobby is what makes the business flow with ease.“Looking good, feeling good and doing good makes the dream work. Mosadi wants to change the idea people have about women in the corporate world.

We are trying to break boundaries from people saying women sleep their way to the top or being trophy wives. This concept is all about redefining the woman.”

The duo believe that Mosadi can do it all by herself from her sweat and hard work without being dependent on men. This, they say, could be made possible if they look good and dwell much on improving their appearance.

“Many people perceive local employees as poor service providers by the way they look, so we believe it’s time that stops today. A woman should look womanly and be comfortable in her look. Looking decent has that effect where the way you walk with your head held high and the productivity level goes up,” says Sesupo.

Sesupo told WeekendLife that they provide make-over services, image consultancy, styling, and corporate clothing and MC services. Technically, Mosadi came at an appropriate time when the world is battling the COVID-19 pandemic, something that gave birth to the shattering Gender-Based Violence.

In Botswana, the numbers are taking a growing curve.It is only vital these women have their voices heard in fighting this crisis. This will not only help government, but will look good for their image especially now that they work with women at most times. Women do look pretty and elegant, but they carry much snags and worries, and only a shoulder to cry on can do marvels.

“Character is key. Mosadi wants to build character for women. A woman with character will know her worth, tap into her intuition and differentiate between what is right and wrong. With GBV, Mosadi is trying to let women to know their worth. We strive to educate them to make decisions for themselves and to be independent.”

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WeekendLife

Virtual fitness training and COVID-19

22nd February 2021
FITNESS TRAINER - CHYNA MOKAILA

The COVID-19 pandemic has altered the way the world moves, actually, it has it at a standstill.

The impacts of this deadly virus are massive, and the only way to curb it from spreading is through social distancing and maintaining a healthy lifestyle.

The pandemic had gym rooms closed to avoid crowding by fitness enthusiasts. However, some have come up with alternative ways of keeping fitness rolling even in the midst of this plague.

Prominent fitness trainer and certified sports psychologist, Chyna Mokaila couldn’t be at a standstill from working out with clients, even in the middle of a deadly virus. He has since started an online training program dubbed CMFit Virtual fitness.

The program begun during the first lockdown implemented in March 2020, but because there was no revenue coming in, the young lad had to go back to the drawing board and come up with something tangible to earn him monies.

He told Weekendlife in an exclusive interview this week that; “I had to make a sustainable solid plan that would see me doing what I do best and continue my work with or without lockdown and COVID-19. This made me tap into other markets and countries throughout the world. Currently, I have clients as far as the US, Canada, Austria, Italy, and neighbouring South Africa and Zambia.”

Chyna says the online fitness training has proven to be less risky in exposing oneself to the virus, as they get to training at the comfort of their homes with less contact.

“COVID-19 has brought a lot of sadness, depression and unhealthy habits because of being restricted to lockdowns. It goes without saying that staying fit helps individuals with depression and offers a feel good atmosphere.

Health should be our number one priority at this current moment, and the only way it can be done is virtually. People have learnt to embrace technology so we might as well divert our services to such platforms.”

Virtual fitness is cost effective, according to Chyna. “Although you get the same feel and package which comprises of consultation, nutritional guidelines, assessments and the actual training program the only difference is that the trainer is not there physically with you but virtually.”

Nutrition plays a very critical role in blocking viruses that could alter how the body system works. The right amounts of nutrients reduce risks of non-communicable diseases, increases energy levels to perform better and fight infections. Scientists say COVID-19 critically affects those with underlying health conditions.

Chyna told Weekendlife that he envisions reaching out to the world market, indicating that he will be having his training programs online as he has seen an opportunity in the digital space.

“This will start with repackaging my brand so that it is at par with the best in the world, hence why I have moved from Chyna’s kata-Bo to CMFit which provides more detailed programs anyone can do on their own- following my virtual programs.”

In his rigorous efforts to help people realize the significance of an active and healthy lifestyle, Chyna has collaborated with the BTV Morning Fitness Show and Yarona FM’s Fatboy Challenge which saw him landing another health segment with the radio station.

The fitness enthusiast has also worked with the senior men’s and women’s national football team, as well as the karate team as the conditioning coach. Internationally, Chyna has collaborated with Essence Events from the United States.

His core duty was to travel Africa promoting active lifestyle and health.Chyna is currently a conditioning coach for Township Rollers, an engagement that sees him guide and work with the team, keeping them at pick in terms of their fitness levels.

This enables them to cope with the demands of the game without fail throughout the season.

 

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WeekendLife

Revamping the waning Miss Botswana

17th February 2021
MISS BOTSWANA 2019 PAGEANT

The country’s biggest beauty pageant, Miss Botswana, has eroded over the years. Beside the fact that crowned Queens dismally fail at Miss World year-in-year-out, the pageantry itself has been losing its shine in terms of organization, implementation and just throwing a glamourous event like it used to do before producing little to no tangible results.

Of course it started in 2018 when Miss Botswana was just disorganized and boring. The event was held at Masa Square Hotel, when only three participants battled it out for the blue crown.

Moitshepi Elias was crowned the princess that Friday night. That was technically the last time we saw her smile because, even if she did at Miss World, her smile wasn’t convincing enough.

The judges felt she was not good enough, as she was not even close to Top 40. In the history of the pageant, Miss Botswana 2010; Emma Wareus and Miss Botswana 1997; Mpule Kwelagobe are the only queens to be remembered as those who made a great impact as they reached top positions at Miss World and Miss Universe. Wareus was crowned the first runner up, while Kwelagobe snatched the title to become Miss Universe 1999.

Miss Botswana 2020 could not be held due to the COVID-19 pandemic, something that left beauty pageant analysts stunned. Some feel this is a huge setback for the organizers, Development Advance Institute (DAI). This organization took over in 2018 and came with a plan for Miss Botswana, in which they strive to give the pageant a facelift.

Prominent beauty pageant analyst, Morekolodi Smith, told Weekendlife that a gap year delayed the implementation of the plan. “DAI aimed at revamping the organization, bidding to host Miss World and it will be tough to reach those aspirations due to this year gap. It still has to work on the reputation of Miss Botswana which has been deteriorating for years.

DAI promised a new era for Miss Botswana, I had expectations that they will crown a well-rounded girl who can bring glory to this country. With everything on hold and zero communication on what to expect, I see failure. The silence and inactivity is almost eerie. I wouldn’t be surprised if DAI drops Miss Botswana and another organization takes over.”

Smith says part of Miss Botswana could be held virtually, to avoid the stillness and dropping in rankings.
“Auditions, short-listings and preliminary interviews could be held virtually but not the actual final show. There is no need for the final show to be held virtually because traditionally Miss Botswana is never contested by more than 50 girls. The number is always narrowed to 12 and 16.”

He explained that the selection committee could go through all applications and select the Top 15, adding that the 15 would then be profiled in-depth followed by official photoshoots and glam shots.
“They could then take part in multimedia campaigns and host webinars.

Pre-recording the swimsuit and evening gown preliminary competition as well as featuring contestant video profiling could add magic. This is the time to maximize on video content.”Smith says there could be talent segment where contestants showcase their talent to entertain, and it could be recorded and each contestant’s video can be uploaded on social media for online audience and the public gets to vote for their favourite, and the winner gets to perform during the final show.

“Then the final show can be streamed live on social media platforms. Miss Botswana could have all Top 15 contestants do an opening number, followed by self-introductions then their short video profiles played. It can feature live onstage swimsuit and evening gown competition.”

After the swimsuit and evening gown competition, Smith said the question and answer session could be held, leading to crowing of the next Miss Botswana. He however, said Miss Botswana’s performance is fuelled by many challenges that persisted for quite a stretch now.

“One major challenge is that the Miss Botswana pageant is held very late. Our queens have limited time to prepare. This leads to half cooked Beauty with a Purpose project. No one excels at Miss World without an impactful Beauty with a Purpose project.”

He suggested that Miss Botswana could be held at least eight months before Miss World festival so that the winner can work on her project, a project that needs to be documented and packaged well. “I realized that queens here don’t have physical input on their projects. They always look glamorous and do not actually do the work. They are always on VIP mode and only come to cut the ribbon.

It is time that stops today. Tiara should be put aside and sleeves should be rolled. Preparation and packaging is key.”“It is essential to have Miss Botswana every year so that she can reach out to communities and add value to those in need.

Being Miss Botswana is more like an ambassador, the winner gets to represent Botswana internationally, precisely at Miss World. I think Botswana requires that global positioning space, as this works well with country branding because Miss World is a premium event.”

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