As the million Pula deals start to vanish from the Khama associated clique, those coming into the picture are already tussling in the courts over deals gone sour.
Stoic and fearless Monametsi Kalayamotho has dragged a giant Chinese company, Huawei Technologies Botswana and the Botswana Police Service and another local information technology company to court over failure to honour an agreement related to the P200 million valued Safer City Solutions project.Kalayamotho’s Moon Stone Capital is demanding close to P11 million (USD 1, 046, 640.00) as at the date of judgement from Huawei technologies and Dynamix Ltd, jointly and severally one paying the other to be adsolved, as damages for loss of profits suffered as a result of the two’s repudiation of the Agreements entered into.
The then Ministry of Transport and Communications had issued Expression of Interest (EOI) for the provision of Safer City Solution. Kalayamotho’s Moon Stone and Huwaei Technologies agreed to jointly respond to the Expression of Interest, the Huawei technologies being the lead partner, while Moon Stone was the main citizen owned subcontractor and Huawei International Pty Ltd being the plaintiff’s non-citizen subcontractor, with a view to further jointly respond to the tender and to jointly execute it in the event their Expression of Interest was successful and in the event that their tender offer will be successful (the first agreement).
Kalayamotho represented Moon Stone in his capacity as Director and Chief executive Officer, while Huawei Technologies was represented by Abel Dengfeng as its Managing Director, this was in December 2014. “The first agreement was oral, alternatively tacit and further alternatively contained implied terms.” In this Agreement, Huawei Technologies was to be awarded the tender and was to subcontract 30% of the work to Moon Stone.
To demonstrate the breach of the First Agreement and Alternatively the Second Agreement, Kalayamotho and Moon Stone allege that Huawei Technologies, subsequent to the award of the tender, had substantively allocated the work originally allocated to the Moon Stone in terms of the “Responsibility matrix to Dynamix thereby precluding Moon Stone from executing the tender as agreed and receiving the remuneration for the work which was carried out by the Moon Stone.”
Kalayamotho further states that by Dynamix by colluding with Huawei Technologies Botswana to exclude Moon Stone from execution of the tender, this demonstrates conduct which evinces an intention to repudiate the Agreement therefore he is seeking damages. Moon Stone is also demanding interest amounts at the rate of 10% per annum calculated from the date of full and final payment.
The provision of Safer City Solution tender, which Huawei Technologies Botswana through Kalayamotho’s company Moonstone won, is valued at approximately P200 million and had been put on hold since 2015 until early this year when President Dr Mokgweetsi Masisi took over as the President of Botswana.
About 200 companies had applied for the tender and later shortlisted to 50. The companies were then cut to five local companies, partnering with international companies being Moonstone, Noroc, Defence Concepts, Botswana Telecommunications and Seleka Springs which is owned by Khama brothers, Tshekedi and Antony.
At one point Kalayamotho was one of President Mokgweetsi Masisi’s trusted allies. As a renowned tenderpreneur Kalayamotho is one of those who help finance Camp Dubai in 2017 which pushed the election of Masisi as a party chairman. The controversial tender award has also attracted strong opposition from the United States Embassy owing to the involvement of Chinese Multinational, Huawei Technologies
Contacted for comment Monametsi Kalayamotho confirmed to WeekendPost that indeed he entered into a consortium with Huawei and another local company ICT Dynamix. He said the idea to bring on board ICT is because there was a requirement for IST, and they were awarded the tender together with Huawei as the main bidder and others as sub-contractors.
THE SAFER CITY PROJECT
The Commissioner of Police Mr Keabetswe Makgophe and the Managing Director of Huawei Botswana Mr Ren Fujun commissioned the project by signing a two year contract ON January 2018.â€¨â€¨Speaking after the contract signing ceremony then, Commissioner Makgope said the project was necessary for the police’s delivery of effective policing to Batswana through the use of advanced and world-class means like surveillance cameras.
â€¨â€¨The police boss added that through the project Batswana will realize crime free streets and improved security in general. Commissioner Makgope noted that as Botswana develops and advances economically and becomes part of the global world it also becomes vulnerable to high profile criminals and organized criminal undertakings therefore the Police as the custodians of every day security and safety must also up their standards of policing in order to keep the city safer.â€¨â€¨
Botswana Government took a deliberate decision to turn Gaborone into world-class premier city of investment and international trade and package it as a Diamond City following the relocation of De Beers Global sight holders centre to the Botswana. Makgophe also revealed that the safer city project will after implementation in Gaborone later proceed to Francistown in the 2018/19 financial year.
Both Gaborone and Francistown, being the country’s premier cities house two special economic zones being the diamond &investment enclave around the Sir Seretse Khama Airport area and also the Northern Transport & Logistic hub respectively.â€¨â€¨“These are multi Million pula projects and they intended to keep Gaborone and Francistown cities much safer and secure by virtue of being the major centres of development and economic drivers for the country,” said Makgope.
“We intend to roll out the project to other parts of the country in future if it proves to be sustainable and effective as well as if funds permit,” he added. The managing Director of Huawei Botswana, Mr Ren Fujun underscored that his company was more than delighted to be part of a national project that intends to keep Botswana safer and contribute to economic growth by ensuring security of investment & trade undertakings.â€¨â€¨
He said Huawei Botswana would deliver a world-class network, “We will honour the agreement and make sure the project is completed on time,” he said. International Police Science Association (IPSA) and the Institute for Economics and Peace (IEP) announced in their World Internal Security and Police Index (WISPI) that Botswana Police is Africa’s best and the world‘s 47th. The index ranked the Rwandan police as Africa’s second best (with global position of 50th) followed by Algeria (58th), Senegal (68th) and Tunisia (72nd) in that order. Completing the top 10 for Africa were, Egypt, Burkina Faso, Ghana, South Africa and Mali respectively.
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.
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.
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.