Teenager takes Gov’t to court over nationality
Government of Botswana, through Ministry of Nationality, Immigration and Gender Affairs has refused to issue a birth certificate of a minor child (names withheld) at the request of her father.
The Permanent Secretary in the Ministry of Nationality, Immigration and Gender Affairs controls and supervises issuing of birth certificates. The denial by the government to issue the minor the birth certificate has culminated in a landmark court case where the father, Tshepo Mpatane, will face off against government at the High court. The application was registered by esteemed human rights attorney and partner at Thabiso Tafila Attorneys, Phazha Molebatsi, on behalf of the minor child.
The long-winded case has the potential to change the law with regard to fathers so that they play a noteworthy role in their children’s lives and owning up, in the event of absent mothers, like it is in the matter. In the court papers, seen by WeekendPost, Molebatsi in essence sought an order to be granted directing the government to issue the birth certificate. The well-regarded Counsel, who previously served at Ndadi Law Firm as well as Botswana Network on Ethics, Law and HIV/AIDS (BONELA) specifically sought “that an order be granted directing the government to cause to immediately be issued a birth certificate for the minor child”.
Molebatsi who is voluntarily acting on behalf of the father of the minor on pro bono, said this is considered a violation of the minor’s right to nationality from birth – contrary to section 11 of the Children’s Act. Now a partner at Thabiso Tafila Attorneys, the progressive lawyer also stated that an order be granted directing that the government develop a procedure for single parents and in particular single fathers in a similar situation to be able to register the births of their children.
In denying to issue a birth certificate in respect of the minor at the request of her biological father, whom they even share a surname, the government is said to have discriminated against him on the basis of his sex as contrary to sections 3 and 15 of the Botswana constitution.
“This is on account of section 6(2) of the Births and Deaths Registration Act which makes provision for a single unwed father in a similar position. As a result of this provision I was unable to register the birth of my child, as government officials are unable to determine the procedure to be followed to assist with the registration,” the biological father of the child said in his affidavit.
Mpatane also mentioned that the birth certificate should register his child as a Motswana by virtue of his nationality as a Motswana. “The refusal by government to issue a birth certificate to my child not only deprives her of her rights as a citizen but also her rights as a Motswana child,” he highlighted in the court papers. As a background in the matter, Mpatane said sometime around January 1999, he entered into a romantic relationship with a certain Ms Nomsa Mahlanga, a national of Zimbabwe. At the time he says he was on a 2 months trip in Selibe Phikwe where he met and fell in love with Nomsa who was also residing in the town and only knew her as “Dineo” and therefore did not have any reason to believe that she was not a citizen of Botswana. It is understood that the father later moved to Kasane.
“Unbeknown to me, the minor who is my biological daughter had been conceived during the time of my relationship with Ms Nomsa Mahlanga before I relocated to Kasane. It was sometime in April 2001, when Ms Nomsa Mhlanga appeared at my home in Francistown and abandoned the minor child on my doorstep that I first learnt of and met my daughter,” he narrated in court papers. He explained that he has since raised the minor child as his daughter and conducted a paternity test as suggested by his lawyer Molebatsi, which he did and proved that it is his child.
“I have since that time been raising her as my daughter. I have had to give her the name she currently uses as her mother did not tell me her name, birth date, place of birth or any information necessary to facilitate her birth registration.” The father of the minor said in the court papers that he attempted without success since 2001 to register the birth of his daughter. One of the barriers to the successful registration of his daughter’s birth he said was the request by government authorities for the birth details such as place of birth and date of birth.
“However, not having being present at the time; and not being in possession of that information and not having any means of contacting my child’s mother meant that I was unable to provide the requested information. I have approached several government agents including nurses, social workers, teachers and the police. Despite explaining my inability to provide these details, I have not been assisted to register the birth of my daughter and she remained without any documents.” He believes that if he was a single mother in the same position, there would have been more assistance and understanding forthcoming from government officials.
The minor’s father also stated that she has also been deprived full rights that are enjoyed by other citizens and registered children. He added that the child has had to use an affidavit to access free education as well as for her access to health services, even though she would at times be denied vaccines that any child would get free from government. He said the child could not cross the border with him as well. According to Mpatane, just recently he had to seek his attorney Molebatsi’s intervention to ensure the child registers for form 3 examinations as she was required to produce a birth certificate to register or she would not be registered for the exams.
He explained: “I have always assumed full responsibility to care and provide for my daughter from the day she was left with me, to the present day. This I do willingly because of the love I have as a parent for my daughter, thus my daughter has no protection of the law to ensure that she continues to enjoy my support. She has no legally recognized name and has been deprived nationality as a Motswana, and many other rights that other children enjoy.”
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.