BDP Councillor, Kemmonye Amon

In a rare gesture, Botswana government officials have reportedly gagged the Sebina victim’s family in the matter concerning the Botswana Democratic Party (BDP) Councillor for Sebina ward Kemmonye Amon.

Amon has impregnated a 16 year old girl schooling at Nata Senior Secondary School who hails from Sebina village, the matter which he also confirmed to the Police and the media.

On Saturday morning, Botswana Network on Ethics, law and HIV/AIDS (BONELA) in conjunction with Ndadi law Firm discovered that, for unclear reasons, the government has restricted the young girl (victim)’s family, and have instructed them to not talk about the issue with anyone.

“I must say that the concerned family did receive us, they gave us a warm reception. However they were guarded. They were under government restrictions from government officials not to talk to anyone. They were informed that by them continuing to talk to people then they are basically diminishing prospects of a conviction been secured,” a Managing Partner at Ndadi Law Firm boldly told the press briefing this week in Gaborone.

According to Ndadi, it was therefore very difficult, in their fact finding mission, for them to get the child’s family to open up to them. Nonetheless after some rigorous persuasion and after numerous phone calls by the concerned family to other appropriate family members like uncles, he revealed, the green light was given for them to then engage with the family.

It is understood that from that point onwards revelations were made by the family in a much more comfortable and relaxed manner as they managed to open up to the team and told them of their frustrations; their fears and the pressure that they are facing as a family on account of this incident.

It is understood that the person who was much more intimately connected to the issues in the family was the aunt. Ndadi pointed out: “she is the one who led the talks between us and them, and she started off by telling us that on 26 April, they received a call from Nata Senior Secondary School, advising that there is a situation regarding their child, that the child tells them that she is pregnant, and tests have been done to confirm the pregnancy.”

When recounting the torment dubbed “inside the trip to Sebina,” Ndadi highlighted that the child’s family was then requested to come to school the following day which they did, and upon arrival at their school they were told the child had said she had been given a lift by a BX driver on the 13th of February and along the way the driver raped her. The version was later, according to him, found to be unconceivable during police investigations and further interrogation.  

When hard pressed the girl is said to have somersaulted and confessed to the police that she had not been raped, but that the pregnancy was the result of a sexual encounter with a councillor widely known in the village. He said when the police informed the parents of that revelation it came as a shock to the parents and they immediately expressed their anger and displeasure about it, and in their disbelief they went home to gather their thoughts and to see how they can overcome or face the situation at hand.

The following day, Ndadi related, a meeting was arranged between the parents and the said Councillor by the police and at that meeting the police enquired from the Councillor whether indeed he is aware of the allegations made by the child and “without much ado the councilor confirmed that indeed he has had sexual relations with the child, and that he is responsible for the pregnancy.”

The one-of-a-kind attorney continued: ‘‘we understand he further went on to talk about how he will take responsibility in so far as giving the child and the family whatever they need. He also told the police that he did not want to see his name in the papers, but we understand he did not disclose what papers; whether the papers in reference to the newspapers or the papers in reference to the police statements. So we can only speculate because we could not get confirmation of what papers in this particular context was referred to,’’ Ndadi lamented.

Councillor Amon attempted to have sex with her before she turned 16

In his account, the attorney said the girl informed them that there was a time in December that the Councilor, before she turned 16, attempted to have sexual intercourse with her. “Fortunately for the councilor and fortunately for the girl, she was going through her monthly period, and nothing could happen that time. I am saying fortunately for both of them because, if it could have happened then a case of defilement would have taken place as it would have happened in December 2015.”

Sexual contact took place six times, Councilor broke the child’s virginity

It is understood that from January 2016 onwards, “sexual relations took place between them, not once, not twice, not thrice, but according to her at least six times, between the month of January and February 2016.” She says she lost her virginity to the Councillor, and the Councillor is aware that she was a virgin.

‘‘When I asked her why did not say no to him, she said “I have always said no to my peers but I did not know how to say no to an elderly person.” (ke ne kesaitse gore mogolo o tewa jang gotwe nnyaa. Go ne go le thata mo go nna ke tswa kgakala ke gana balekane bame.)

“And this is a leader that is known in the community. I was looking at that poor innocent young girl who looked thirteen to me, and asked her did the councilor ever asked how old you are, she said no. It’s a tiny looking girl,” Ndadi said.

Gov’t medical examinations report of the child not availed to the family

The private attorney highlighted that the child was taken for medical examinations by the parents on the 28th of April and it became apparent with his conversations with the parents that the medical examinations report was to date not been availed to the family, despite a passage of more than three weeks.

“They say they have been moved from pillar to post regarding the findings of the report. In fact the school has also wanted to see the report before the child could return to school. The child eventually returned to school on the 2nd May 2016, without the report as requested for by the school.”

Concerned that the medical report was not availed to the parents, BONELA/Ndadi teams took the decision with the parents to arrange for the child to be assessed and evaluated by a private medical personnel in Francistown, at their organisations’ cost. Ndadi recounted: “we did take the child to a leading gynecologist in Francistown and we were interested in ascertaining how far along the pregnancy is, and whether the child is HIV positive or negative.”

According to the human rights lawyer, they have been given permission by the family to disclose the HIV status of the child and they did so. He revealed details that they were able to establish that the child is 4 months and 1 day old (that is by Monday this week). “So it therefore means that this pregnancy took place around 13th February, the day that she says initially that she was raped by a BX driver. So at that point in time the child had already turned sixteen when the pregnancy took place,” he asserted as a matter of fact while implying that in terms of the law the defilement case automatically falls off.

No prospects of defilement case for Councilor Amon

“So the possibility of a defilement charge was then immediately excluded,” the lawyer stressed. The outstanding concern was then the HIV status and she tested negative,’’ he confirmed to a thunderous applause from the audience which also included ‘I shall not forget’ campaign team and some politicians and gender activists. “That was a huge relieve to all of us, and I got a high five from the girl reminding me of my daughter, Lindani so it was a pleasant moment because we were concerned about the possibility of her being HIV infected as well.”

Ndadi continued with the tale: now regarding our conversations with the child, yes she did confirm that indeed she was born on 29th December 1999. “She met the councilor on December 15th in 2015, when she was sent by the parents to buy milk at the councillor’s shop, and after buying milk she was approached by the councillor outside, who asked her for her cell phone number.’’

‘‘Confused and not knowing what to do, she then availed her cell number to the councillor, and that phone number immediately led to numerous calls and texts to the young girl,’’ he emphasized.

BDP Coucillor violated Children’s Act, will face charges

As a way forward, Ndadi asserted that they they are satisfied that there is a prima facie case to be made out against the councilor in respect to violating the Children’s Act in so far as it prohibits children being engaged in sexual activities that are “immoral.” The Children’s Act prohibits that. “We are of the view that engaging in sexual relations with a man who is more than two times older than you, married and without using protection qualifies to be an immoral sexual activity.”

The human rights lawyer told the meeting that they have also examined the Children’s Act and it also clearly spells out that giving children alcohol is wrong. The Councilor allegedly infested the child with alcoholic drinks. He submitted: “So we are of the view that possible charges can be made out and we have informed the police of our findings, and we have urged them to look into prosecuting him using the Children’s Act because as far as we are concerned, no charge has been levelled against any person using some of this remarkable provisions in the Children’s Act.”

‘‘We say these provisions are remarkable because they really tried to protect the best interest of the child, but unfortunately there is no enforcement, he said, taking a sharp shot at the police adding that some don’t even know about the existence of the Children’s Act.

‘‘The charges to the offences I mentioned range from two years to ten years imprisonment and to a fine of 20 000 to 50 000 or both. So it can be a fine or it can be imprisonment, or both of them. So if the police successfully prosecute, then they will be some form of justice,’’ Ndadi submitted.

The family will not be bought, wants justice

‘‘The family is calling for justice, they have assured me that they have not been bought,’’ Ndadi stated on his account of the Sebina trip. The lawyer also disclosed that the young girl had told him that the family was angry and concerned about the issue. Since the anger is directed at the councillor, Ndadi said he does not see any conniving between the family and the councillor.