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Ndadi, Kgafela tussle over P1 million estate

Prominent lawyers, Uyapo Ndadi and Mmusi Kgafela have challenged the Court of Appeal (CoA) with yet another interpretation of the law concerning inheritance. The court will on February 02 deliver judgment in a case in which four siblings are tussling among themselves following the demise of their parents who died without a written will.

In the case, one sibling represented by Ndadi is fighting against three others represented by Kgafela contesting the manner in which the estate has been shared. The last born Pony Hopkins, married in the United States of America wants to adopt the common law, while her three siblings who are residing in Mochudi in the Kgatleng district; Lucas Gakale, Chiki Moganetsi and Tenese Gakale opt for the customary law. Pony, Lucas and Chiki are biological siblings while Tenese was married to their late brother. As things stand, the only brother, Lucas has been appointed the executor.

Pony has through her lawyer Ndadi of Ndadi Law Firm approached the CoA seeking a determination whether Section 3 of the Administration of the Estates Act excludes the Master of the High Court from handling estates of tribespersons who die unheard; whether the Act makes it possible for the estate of the deceased to be placed with the Master of the High Court to be distributed in accordance with the customary law of the deceased.

The property in question are; 19 hectares farm estimated at P400 000; a residential property in Mochudi estimated at P500 000; a residential property in Gaborone estimated at P350 000; and a firearm valued at P20 000, which adds to P1 250 000.
The Administration of Estates Act, in particular Section 3, provides that, the Act shall not apply-
 a) To the estates of the deceased tribesmen which as therefore, shall be administered according to the customary law:

Provided that whenever a tribesman dies after the commencement of this Act leaving a will valid in accordance with the Wills Act, This Act shall, notwithstanding any partial intestacy, apply as far as may be to the administration of the whole of his estate; and for the purpose of such application informal testamentary instructions in accordance with any written law relating to customary succession, given by the deceased shall be deemed, in so far as they are not inconsistent with the will, to be part of the will;

b) to the property of any person belonging to and serving with any visiting forces who dies within Botswana while on serving with those forces, unless it is shown to the satisfaction of the court or the Master that for the preservation or due administration of that property it is expedient that it should be dealt with this Act.

Pony attorney, Ndadi pointed out that the courts have grappled with giving effect to the definition of a tribesman. He argued that the Act does not, in its definition, put the issue to bed because it merely talks of belonging to a particular tribe. “We are mindful of the various conflicting decisions of the High Court on the point. The controversy is really what the actual meaning of a tribesman is for the purposes of the Act,” he highlighted.

He also submitted that, “the Act can be read and interpreted to allow for the estate of deceased person to be placed in the hands of the Master of the High Court for the purposes of appointing an executor as per the Act, who will administer, distribute and devolve the said estate in accordance with the customary law of the deceased.”

“Section 6 and 28 of the Act make it abundantly clear that the Master has jurisdiction over all estates and these sections are not subject to section 3,” he added. Ndadi said the lower court erred in deciding that the Master is not empowered to apply customary law in administering and devolving the estate; that the estate of the deceased is not sizable , that it can exclude customary court/chiefs from administering it and further that the lifestyle of the deceased persons do not qualify one to be excluded from the operation of Customary Law if he is proved to be a tribesman without having had regard to the oral evidence supporting the issue of the lifestyle of the deceased person.

He submitted that it does not mean that since the deceased comes from the Bakgatla Tribal Community they have submitted to the principles of customary law being used in the area. The question of whether one is a tribesman is in two folds, he said; Being tribesman for purposes of the Act entails that one belonging to the tribal communities of Botswana or in Africa; and to state that one has lived their life in such a manner that either the Master or the chief in the tribal area has jurisdiction over the devolution of their estate when they die intestate.

On the other hand, the respondents argued through their lawyer, Mmusi Kgafela that the appellant be dismissed.  Kgafela said the lower court came to the right decision that the Master has no jurisdiction over the deceased parents’ estates. He decried that, “When this legislature came into practice around 1920s, we were under the colonial influence. We now find ourselves in a quite difficult situation. I think on legislature we just walked into the offices of the colonials.” 

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BOMU, DBS roadshow partners in crime

18th March 2024

The Department of Broadcasting Services (DBS) roadshow has found and trusted the Botswana Musicians Union (BOMU) as a companion it could trust in empowering and facilitating the creative sector, in particular, performing artists and musicians.

BOMU exits to ensure that musicians in Botswana are supported by all platforms and services that are aligned to what they do, which at most times is the production of music.

In 2023, the Union put together grand music awards prized at a whooping P3 million. Indeed, the man working behind the awards, Seabelo Modibe of Total Music Group understood the assignment. For the very first time, BOMU awards left an impressive mark, leaving people murmuring.

With that said and done, BOMU became a very important stakeholder in the on-going DBS roadshow. The relationship started in 2022 when the project was initiated. In this massive project, BOMU plays a role of mobilizing and registering new artists.

In the previous years, the Union has been clouded by dispute and back-and-forth. It was accused of being bungling, purposeless and served no interests of its members (artists). Following the effective execution of the eleventh music awards, artists progressively joined BOMU and the DBS roadshow added cherry on top.

Some of the artists who made it to the Top 30 of the DBS roadshows much-admired the platform, saying it played a major part in changing their lives. Some of them started getting booked, changed their mindsets and consider music as a business entity.

These are some of the few nuggets of wisdom they raked from the man behind the roadshow, Thato Sikwane. He is known as DJ Fresh in the music sector and his company, Big Dawg Productions is the brainchild behind the DBS roadshow.

Matter of fact, DJ Fresh and Modibe worked on this concept together with an aim of unearthing new talent in as much as music is concerned. In order to achieve this goal, the duo had to engage BOMU to allow for the artists to have a body that governs them.

When speaking in an interview with WeekendLife, BOMU Secretary General Rasina Rasina said the roadshow is actually a blessing in disguise, as it was initially considered a tall show.

“This is a much-needed platform for a sector that has been deteriorating over the years. We believe it is here to resurrect the music industry. The DBS roadshow cultivate talent from scratch and nurtures it. This will help us as a Union to have a solid foundation and as BOMU, as we are highly appreciative.”

Rasina said BOMU is very much aware of Season One challenges, adding that they too experienced them. “As BOMU, we therefore appreciate that it was the beginning. Naturally, beginnings have challenges but we are optimistic that everything will be in order as together as a team, we can work to solve all pressing matters that delay the progress of artists in Botswana.”

Successful artists during the DBS roadshow will reap from what they sow. BOMU has been allocated a budget to help artists access the roadshow. Rasina has however refused to divulge the total amount but specified that they ensure artist participation and mobilization, as well as feeding.

“We have learnt from past challenges. We do not pay artists but we assist them with transportation funds to mobilize them to attend the roadshow and showcase. What we offer them is not payment. We ensure their participation, transport mobilization and feeding. They compete, showcase and get the platform they need. We partner with them to deliver a product. Essentially, there is a car, a record deal, airtime deal and cohesion.”

Thus far and during the Season 2 roadshow, BOMU has registered an average of five hundred (500) members. In the process, it has managed to rebuild an average of ten BOMU District chapters nationwide.

Rasina commended the government for coming up with a project that caters for the welfare of artists and creative minds in Botswana.

“Our expectations from the next season is that it will be bigger and better. We appreciate the contribution of DBS and the recent focus towards the creative industry by government. Importantly, it is important to note that the creative industry should never be treated from a blanket approach view. Every region, district, village or town has its own talent. The heritage of Botswana is defined by the creative industry talent.”

 

 

 

 

 

 

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Report links child poverty to disability

12th March 2024

Child poverty is a pressing issue that affects millions of children around the world, and the link between child poverty and disability is a particularly concerning aspect of this problem. The recent research paper published by the Botswana Institute for Development Policy Analysis (BIDPA) sheds light on the stark reality that children with disabilities are more likely to be living in poverty compared to their non-disabled peers.

The findings of the research paper reveal that children with disabilities face higher levels of deprivation in basic capabilities such as education and health. This means that they are often excluded from essential services and opportunities that are necessary for their well-being and development. The wider gap in education outcomes between children with disabilities and their non-disabled peers highlights the systemic barriers that prevent children with disabilities from accessing quality education.

Moreover, the higher rates of deprivation in health and food security among children with disabilities further exacerbate their vulnerability to illness and malnutrition. This not only impacts their physical well-being but also hinders their overall development and potential. The research paper also highlights the economic disparities faced by children with disabilities, indicating that they are more likely to experience poverty across demographic and economic variables.

The implications of these findings are profound and call for urgent action to address the inequalities faced by children with disabilities. Affirmative action is needed to ensure that policies and interventions are specifically targeted towards addressing the unique needs of children with disabilities. It is crucial to prioritize the inclusion and empowerment of children with disabilities in all aspects of society to ensure that they have equal opportunities to thrive and succeed.

In conclusion, the link between child poverty and disability is a critical issue that requires immediate attention and action. It is essential for policymakers, stakeholders, and communities to come together to create a more inclusive and equitable society where all children, regardless of their abilities, have the opportunity to reach their full potential. By addressing the root causes of poverty and discrimination faced by children with disabilities, we can work towards building a more just and compassionate world for all.

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Botswana’s internet rated the second fastest in Africa

8th March 2024

Botswana continues to make significant strides in its digital trasnformation aspirations, as it secures its position among the top-ranking African countries for mobile internet speed. Based on statistics from the Speedtest Global Index, Botswana has been rated the second fastest mobile internet speed in the continent, with an impressive 43.79Mbps, according to a recent study by Business Insider Africa.

This accomplishment demonstrates Botswana’s dedication to improving the quality of broadband internet in the country; and re-affirms its position as a leader in Africa’s telecommunications and ICT services. “The acknowledgment of Botswana’s internet as the 2nd fastest in Africa reflects our commitment to cultivating a digitally inclusive society,” remarked Mr. Keabetswe Segole, Acting CEO of Botswana Fibre Networks (BoFiNet). “This achievement highlights our ongoing endeavors to enable all citizens to participate in the digital economy.” BoFiNet, the leading provider of telecommunications infrastructure in Botswana, has been instrumental in shaping the nation’s digital landscape.

Reflecting on BoFiNet’s contribution to Botswana’s digital connectivity, the Acting CEO stated:”BoFiNet takes pride in its role in securing Botswana’s position as the 2nd fastest country in Africa for mobile internet. Our robust fibre optic and microwave network has been pivotal in delivering high-speed connectivity to both urban and rural areas, ensuring access to reliable internet services for all citizens. We remain committed to fostering innovation and digital inclusion, thereby paving the way for a prosperous digital future in Botswana.” Through the recently launched SmartBots Village Connectivity project, 1,138 premises across 144 villages in different Botswana districts are able to connect to this fast internet.

Botswana’s population is utilising connectivity creatively as a result of a boom in mobile penetration, which is advancing the nation’s digitalisation. Rapid advancements in mobile high-speed internet are causing a digital revolution in Africa, bringing about changes in areas including the economy, education, healthcare, and empowerment.

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