CoA confirms Poloko will hang
A panel of three Court of Appeal (CoA) judges has yesterday sentenced to death the Francistown born Uyapo Poloko, 37, for killing Vijeyadeyi Kandavanam in 2015. Poloko is now waiting upon the hang man’s time at the Maximum Prison.
He had on January 25, 2010 at Ntshe in Francistown, murdered Vijeyadeyi Kandavanam and stole from Balasingham Kandavanam cellphones worth P3 500. He was last year convicted and sentenced to death by the High Court. Poloko then tried his luck before the CoA last appealing his conviction and sentence. But the three judges would not spare him the hang man’s nose as they confirmed his death sentence.
Delivering the judgment, Judge Gaongalelwe carried that neither the accused nor the prosecution bears any duty to convince the courtof the existence of extenuating circumstance. He noted that the court is entitled to travel far and wide completely unrestricted by considerations of procedure and strict admissibility. He however dismissed the existence of such factors that would warrant leniency in Poloko’s case. ”In this case there is nothing to suggest anything in relation, for example to provocation, intoxication nor immaturity,” ruled Judge Gaongalelwe.
Judge Gaongalelwe stated that Poloko had come to the deceased’s house to rob. He knew that Balasingnam had been paid P8000 for the car. “He equipped himself with a length of rope with which to strangle Balasingham . having immobilized Balasingham, he ransacked the house after strangling the deceased. He was prepared to use violence, even fatal violence, to achieve his purpose,” Judge Gaongalelwe noted.
The background of the case is that Balasingham and Poloko were known to one another all along prior to the day of the incident. They were both in the building industry though working for different companies. Balasingham used to do works for his own company where he was a managing director, while Poloko used to be employed by other private companies. The two were ordinarily resident in Francistown.
In his heads of arguments Poloko had through his attorney Tshekiso Thekiso of Tshekiso Ditiro & Jani Legal Practice complained that his right to a fair trial by an impartial court had been violated. He said the trial court failed to exercise its discretion for it to administer justice and arrive at a just and fair decision by subpoenaing witnesses who were not called by the state and the then defence attorney whose evidence was crucial to the case.
On their part the state had urged the court to dismiss Poloko’s agruments and hang him to death. The Court Of Appeal (CoA) will on Tuesday hear the arguments in a case in which a two year -death row inmate wants his death sentence to be set aside, insisting that the trial court erred in convicting him. The man was in 2015 convicted of a single count of murder without extenuating circumstances, attempted murder and theft and was subsequently sentenced to death.
He had on January 25, 2010 at Ntshe in Francistown, murdered Vijeyadeyi Kandavanam, attempted to kill Balasingnam Kandavanam and stole cellphones worth P3 500. In his heads of arguments filed before the CoA, Poloko had through his attorney Tshekiso Thekiso of Tshekiso Ditiro & Jani Legal Practice complained that the appellant’s right to a fair trial by an impartial court had been violated. He said the trial court failed to exercise its discretion for it to administer justice and arrive at a just and fair decision by subpoenaing witnesses who were not called by the state and the then defence attorney whose evidence was crucial to the case.
These, he said, were the security officers employed by the person whom his client is said to have attempted to kill as well as the officer who attended the site visit and project handover. “The evidence of these witnesses was crucial to the issue of whether the appellant went to the complaint’s premises on the morning of 25th January 2010. It matters not that the state and the defence in their own wisdom chose not to call these witnesses. What matters is that the trial court had a duty to render a just decision and in doing so, it had discretion to call these persons to testify,” states Thekiso in his arguments.
Thekiso stressed that though he has no doubt as to the integrity of the trial judge and his ability as a judge, “this appears to me to be a case in which the judge made an innocent error in judgment. The error of judgment does however; create an impression that he had prejudged the matter that served before him before it was concluded. It does create a reasonable likelihood of bias.”
He went on to argue that the state was allowed to submit inadmissible confession before court. They went out on a deliberate plan to squeeze an inadmissible confession in to the record through the back door, he decries. He said the allegation by the state that his client confessed to strangling Balasingnam was not a statement to the witness but a statement to the police. “The alleged confession, he said might have been told to the court by a non-police officer, but on the record, it was made to a police officer.”
Thekiso had during the last session of the CoA applied to be granted permission to give additional evidence but was dismissed. The appellant was represented by a different attorney during trial.
On their part the state has urged the court to dismiss Poloko’s agruments and hang him to death. The state added that the extenuating factors that the defence claims apply in their case; do not fall in the criteria of factors to be taken to account.
News
19 Bokamoso Private Hospital nurses graduate at Lenmed Nursing College
The graduation of 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College marks a significant milestone in their careers. These nurses have successfully completed various short learning programs, including Adult Intensive Care Unit, Emergency Nursing Care, Anaesthetic & Recovery Room Nursing, Anaesthetic Nursing, and Recovery Room Nursing. The ceremony, held in Gaborone, was a testament to their hard work and dedication.
Lenmed Nursing College, a renowned healthcare group with a presence in South Africa, Botswana, Mozambique, and Ghana, has been instrumental in providing quality education and training to healthcare professionals. The Group Head of Operations, Jayesh Parshotam, emphasized the importance of upskilling nurses, who are at the forefront of healthcare systems. He also expressed his appreciation for the partnerships with Bokamoso Private Hospital, the Ministry of Health, and various health training institutes in Botswana.
Dr. Morrison Sinvula, a consultant from the Ministry of Health, commended Lenmed Health and Lenmed Nursing College for their commitment to the education and training of these exceptional nurses. He acknowledged their guidance, mentorship, and support in shaping the nurses’ careers and ensuring their success. Dr. Sinvula also reminded the graduates that education does not end here, as the field of healthcare is constantly evolving. He encouraged them to remain committed to lifelong learning and professional development, embracing new technologies and staying updated with the latest medical advancements.
Dr. Gontle Moleele, the Superintendent of Bokamoso Private Hospital, expressed her excitement and pride in the graduating class of 2023. She acknowledged the sacrifices made by these individuals, who have families and responsibilities, to ensure their graduation. Dr. Moleele also thanked Lenmed Nursing College for providing this opportunity to the hospital’s nurses, as it will contribute to the growth of the hospital.
The certificate recipients from Bokamoso Private Hospital were recognized for their outstanding achievements in their respective programs. Those who received the Cum Laude distinction in the Adult Intensive Care Unit program were Elton Keatlholwetse, Lebogang Kgokgonyane, Galaletsang Melamu, Pinkie Mokgosi, Ofentse Seboletswe, Gorata Basupi, Bareng Mosala, and Justice Senyarelo. In the Emergency Nursing Care program, Atlanang Moilwa, Bakwena Moilwa, Nathan Nhiwathiwa, Mogakolodi Lesarwe, Modisaotsile Thomas, and Lorato Matenje received the Cum Laude distinction. Kelebogile Dubula and Gaolatlhe Sentshwaraganye achieved Cum Laude in the Anaesthetic & Recovery Room Nursing program, while Keletso Basele excelled in the Anaesthetic Nursing program. Mompoloki Mokwaledi received recognition for completing the Recovery Room Nursing program.
In conclusion, the graduation of these 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College is a testament to their dedication and commitment to their profession. They have successfully completed various short learning programs, equipping them with the necessary skills and knowledge to excel in their respective fields. The collaboration between Lenmed Nursing College, Bokamoso Private Hospital, and the Ministry of Health has played a crucial role in their success. As they embark on their careers, these nurses are encouraged to continue their professional development and embrace new advancements in healthcare.
News
BNF secures 15 constituencies in UDC coalition, wants more
The Botswana National Front (BNF) has recently announced that they have already secured 15 constituencies in the Umbrella for Democratic Change (UDC) coalition, despite ongoing negotiations. This revelation comes as the BNF expresses its dissatisfaction with the current government and its leadership.
The UDC, which is comprised of the BNF, Botswana Peoples Party (BPP), Alliance for Progressives (AP), and Botswana Patriotic Front (BPF), is preparing for the upcoming General Elections. However, the negotiations to allocate constituencies among the involved parties are still underway. Despite this, the BNF Chairman, Patrick Molotsi, confidently stated that they have already acquired 15 constituencies and are expecting to add more to their tally.
Molotsi’s statement reflects the BNF’s long-standing presence in many constituencies across Botswana. With a strong foothold in these areas, it is only natural for the BNF to seek an increase in the number of constituencies they represent. This move not only strengthens their position within the UDC coalition but also demonstrates their commitment to serving the interests of the people.
In a press conference, BNF Secretary General, Ketlhafile Motshegwa, expressed his discontent with the current government leadership. He criticized the ruling Botswana Democratic Party (BDP) for what he perceives as a disregard for the well-being of the Batswana people. Motshegwa highlighted issues such as high unemployment rates and shortages of essential medicines as evidence of the government’s failure to address the needs of its citizens.
The BNF’s dissatisfaction with the current government is a reflection of the growing discontent among the population. The Batswana people are increasingly frustrated with the lack of progress and the failure to address pressing issues. The BNF’s assertion that the government is playing with the lives of its citizens resonates with many who feel neglected and unheard.
The BNF’s acquisition of 15 constituencies, even before the negotiations have concluded, is a testament to their popularity and support among the people. It is a clear indication that the Batswana people are ready for change and are looking to the BNF to provide the leadership they desire.
As the negotiations continue, it is crucial for all parties involved to prioritize the interests of the people. The allocation of constituencies should be done in a fair and transparent manner, ensuring that the voices of all citizens are represented. The BNF’s success in securing constituencies should serve as a reminder to the other parties of the need to listen to the concerns and aspirations of the people they aim to represent.
In conclusion, the BNF’s acquisition of 15 constituencies, despite ongoing negotiations, highlights their strong presence and support among the Batswana people. Their dissatisfaction with the current government leadership reflects the growing discontent in the country. As the UDC coalition prepares for the upcoming General Elections, it is crucial for all parties to prioritize the needs and aspirations of the people. The BNF’s success should serve as a reminder of the importance of listening to the voices of the citizens and working towards a better future for Botswana.
News
Children’s summit to discuss funding of NGOS
One of the key issues that will be discussed by the Childrens’ Summit, which will be hosted by Childline Botswana Trust on 28th – 30th November in Gaborone, will be the topical issue of financing and strengthening of civil society organizations.
A statement from Childline Botswana indicates that the summit will adopt a road map for resourcing the children’s agenda by funding organizations. It will also cover issues relating to child welfare and protection; aimed at mobilizing governments to further strengthen Child Helplines; as well as sharing of emerging technologies to enhance the protection of Children and promotion of their rights.
According to Gaone Chepete, Communications Officer at Childline Botswana, the overall objective of the summit is to provide a platform for dialogue and engagement towards promoting practices and policies that fulfil children’s rights and welfare.
“Child Helplines in the region meet on a bi-annual basis to reflect on the state of children; evaluate their contribution and share experiences and best practice in the provision of services for children,” said Chepete.
The financing of non-governmental organizations (NGOs) by the state or its functionaries has generated mixed reactions from within the civil society space, with many arguing that it threatened NGOs activism and operational independence.
In February 2019, University of Botswana academic Kenneth Dipholo released a paper titled “State philanthropy: The demise of charitable organizations in Botswana,” in which he faulted then President Lieutenant General Seretse Khama Ian Khama for using charity for political convenience and annexing the operational space of NGOs.
“Civil society is the domain in which individuals can exercise their rights as citizens and set limits to the power of the state. The state should be developing capable voluntary organizations rather than emaciating or colonizing them by usurping their space,” argued Dipholo.
He further argued that direct involvement of the state or state president in charity breeds unhealthy competition between the state itself and other organizations involved in charity. Under these circumstances, he added, the state will use charity work to remain relevant to the ordinary people and enhance its visibility at the expense of NGOs.
“A consequence of this arrangement is that charitable organizations will become affiliates of the state. This stifles innovation in the sense that it narrows the ability of charitable organizations to think outside the box. It also promotes mono-culturalism, as the state could support only charitable organizations that abide by its wishes,” said Dipholo.
In conclusion, Dipholo urged the state to focus on supporting NGOs so that they operate in a system that combines philanthropic work and state welfare programs.
He added that state philanthropy threatens to relegate and render charitable organizations virtually irrelevant and redundant unless they re-engineer themselves.
Another University of Botswana (UB) academic, Professor Zibani Maundeni, opined that politics vitally shape civil society interaction; as seen in the interactions between the two, where there is mutual criticism in each other’s presence.
Over the years, NGOs have found themselves grappling with dwindling financial resources as donors ran out of money in the face of increased competition for financing. Many NGOs have also been faulted for poorly managing their finances because of limited strategic planning and financial management expertise. This drove NGOs to look to government for funding; which fundamentally altered the relationships between the two. The end result was a complete change in the operational culture of NGOs, which diminished their social impact and made them even more fragile. Increased government control through contract clauses also reduced NGOs activism and autonomy.
However, others believe that NGOs and government need each other, especially in the provision of essential services like child welfare and protection. Speaking at the Civil Society Child Rights Convention in 2020, Assistant Minister of Local Government and Rural Development Setlhabelo Modukanele said government considers NGOs as critical partners in development.
“We recognize the role that NGOs play a critical role in the country’s development agenda,” said Modukanele.