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.
Botswana health officials have confirmed the new COVOD-19 variant, which was first found in India. The Ministry of Health and Wellness has through a press statement informed members of the public that a new COVID-19 variant (B.1.617), first discovered in India. The Indian variant was confirmed in Botswana on 13 May 2021.
According to Christopher Nyanga, spokesperson at the Ministry, this followed a case investigation within Greater Gaborone, involving people of Indian origin who arrived in the country on the 24th April 2021.
“As at 16 May 2021, the B. 1. 617 variant was confirmed in two (2) people. The clients are currently receiving medical care and remain stable with no life-threatening symptoms. The two (2) cases were part of 383 people (both Batswana and some Indian nationals) who were tested for COVID-19. From this number, 43 tested positive, with two (2) showing the B. 1. 617 variant as already alluded to. Contact tracing has been expanded in line with COVID-19 protocols. All contacts and confirmed cases have been evacuated to facility based quarantine and isolation respectively, for close monitoring,” Nyanga narrated.
The World Health Organization recently announced that the Indian Covid-19 variant was a global concern, with some data suggesting the variant has “increased transmissibility” compared with other strains.
Meanwhile in the wake of Botswana’s confirmation of the Indian variant, Nyanga reminded the public of the government intervention to control the introduction of new variants of public health concern into the country. He stated that all those who have travelled or transited through areas of high risk as previously communicated on 3rd May 2021 upon return shall immediately quarantine in a central area to be identified by the Ministry of Health and Wellness for a period not exceeding ten (10) days; Repeat Polymerase Chain Reaction (PCR) test after seven (7) days of quarantine and be discharged as per the outcome of the results.
He said the requirements are complementary to the mandatory requirements of producing on arrival a negative PCR test not older than 72hrs from the time the sample was collected
“The public is advised to remain vigilant and minimize the spread of COVID-19 by following the already outlined preventative measures such as washing of hands with soap or use of a hand sanitizer, wearing of face masks, avoiding crowded places/social distancing and avoiding non-essential movement,” Nyanga said.
The India variant – officially called B.1.617.2 – is one of four mutated versions of coronavirus which have been designated as being “of concern” by transitional public health bodies, with others first being identified in Kent, South Africa and Brazil.
The lawyers representing former President Lt Gen Ian Khama, Ramalepa Attorneys have come forth dismissing a response letter penned down by Botswana Democratic Party (BDP) activist MacDonald Peloetletse after he was slapped with a P1.5 million lawsuit for defamation of their client.
Tebogo Tladi, an attorney at Ramalepa, said last week Thursday Peloetletse took to social media to publish a substantively false, wrongful and unlawful statement about Khama. MacDonald Peloetletse’s commentary which was posted on Gabz FM News page reads, “I am a former soldier. Everything former President SKI Khama said here is a LIE. In fact, soldiers suffered more under Khama than under his predecessors.
He actually stole money that the UN had paid to the soldiers who went for the operations and paid them less than a quarter of what was actually due to them. “Unhappy soldiers took the BDF to court and won, the BDF is still struggling to pay the debts! Khama can fool some people, but not all the people and not all the time.
“In fact many soldiers, serving, retired and those that resigned and were in the operations during Khama’s time get even more annoyed to such disrespectful statements by Ian Khama.” Khama’s lawyer says the impugned statement was published with the intention to injure his client (Khama) in his personality rights, good name and dignity, further indicating that the statement has damaged his good reputation.
“We have therefore been instructed by Client to demand, as we hereby do, that you publish on the same forum a retraction and a full and unconditional apology to Client within three days of receipt of this letter- and that you deliver such apology in a formal letter to the Office of the Former President, Dr Khama. In the event that you have not compiled with this demand by close of business on Monday 10th May 2021, our Client will assume that you have refused to comply with this demand.”
To top it all off, Khama demands that Peloetletse pay him P1.5 million in damages for defamation. “Furthermore, we hold instructions to demand as we hereby do, that you pay our Client damages for defamation in the sum of P1, 500,000.00 within seven days of receipt of this letter.” In the event that Peloetletse fails to pay the amount of damages demanded by Khama, Tladi says they will institute legal proceedings for the recovery of the aforesaid damages.
In his response letter addressed to Ramalepa Attorneys, Peloetletse said that he requests enlightenment and clarification that he be provided with proof that the allegations and comments which they attribute to him were indeed authored by him and that the platform which the comments were placed was not hacked.
“Please also advise if whether your clients has been endowed with a “special particular privilege status” that restricts the citizens of this country from commenting or responding to public statements made by your client in the course of political discourse especially when made on public forum and relate to matters of general public concern. (I trust that your brilliant legal mind is well informed with respect to the jurisprudence in such matters)”.
Peloetletse also said he would like to share with the attorneys a video which was posted on a public forum. “Please listen carefully to the conversations and discussion herein and advice if possibly such discussions form a reasonable basis for a justifiably rebuttal by any Motswana Citizen to the public pronouncements and defamatory statements made by your client about our government (bearing in mind of course a citizens constitutional right to freedom of speech and freedom of expression).’’
Consulted for further comment on the matter on Thursday after receiving Peloetletse’s response, Khama’s attorney Tebogo Tladi said the letter doesn’t hold any water. “The only way out for him is to prove the truth of the allegations on his comment or deny publication. He does not answer substantively to the defamation and does not respond to the demand of an apology or payment of damages.
So his letter really contains largely matters irrelevant to the substance of the letter of demand. His response in fact presents no legally cognizable defence at all- it would appear he responded without the benefit of legal advice, which would not be prudent for such an important case. So we will proceed to issue summons and wait to see what defences he will plead in court.’’
Botswana and Zambia this week celebrated the opening of a multi-million Dollar infrastructural project, the Kazungula Bridge, projected to contribute around P100 million annually for Botswana. This project comes after the signing of the 2012 Agreement between the two countries to construct a bridge that would ease movement of goods.
President Mokgweetsi Masisi said the Kazungula Bridge will open avenues for improved trade, job creation and economic diversification in both countries. Further, the Bridge will significantly accelerate Southern African Development Committee (SADC) regional integration agenda which Botswana and Zambia are vigorously pursuing.
“By growing our strategic partnerships through this project, we have improved the development and competitiveness of our economies to attract more private sector investment, thereby, supporting our efforts to create employment, especially for the burgeoning youth,” Masisi said at the opening ceremony in Kazungula on Monday.
The Kazungula Bridge comprises a road and rail bridge over the Zambezi River, directly linking Botswana and Zambia. It has One-Stop-Border Post facilities on both sides, which will enhance the operational efficiency at entry points, replicated on both sides of the boarder.
The Bridge was originally conceived as a critical link in the African North-South Corridor under the African Union’s New Partnership (NEPAD) for Africa’s Development programme. It has since evolved to encompass a multimodal transport plan under the Programme for Infrastructure Development in Africa (PIDA).
The PIDA programme, which encompasses liberalisation of air travel, rail links, road, water and all other modes of transport has only one objective: to unite the States of Africa in order to foster trade on the continent
“Connectivity of our nations will in no small measure, promote people to people interactions and uplifts their standard of living. I am pleased to state that the completion of this project is a clear demonstration of our commitment to PIDA.”
The 260 million US Dollar Kazungula Bridge was commissioned by Zambian President, Edgar Lungu and President Masisi. President Lungu said the bridge was a monumental effort linking Zambia internally and externally to ease the movement of goods and services.
“I have held talks with my counterpart in Botswana that this project must run daily up to 22 hours as soon as possible and you the technocrats must not play ping-pong with us after making these public procurements,” Lungu said at the official opening in Kazungula.
For his part, DRC President Felix Tshisekedi said the project was tandem with the Africa Union (AU) goals and priority areas for Agenda 2063 which called for a prosperous Africa, based on inclusive growth and sustainable development.
The new Kazungula Bridge replaces the Kazungula Ferry, a pontoon ferry across the 400-metre-wide Zambezi River between Botswana and Zambia. It was one of the largest ferries in South-Central Africa, having a capacity of 70 tonnes.
In 2003 the ferry was the site of a disaster when a severely overloaded Zambian truck capsized one of the pontoons and 18 people drowned. The accident was blamed on the lack of weighbridges in Zambia to check the weight of trucks.
In August 2007, the governments of Zambia and Botswana announced a deal to construct a bridge at the site to replace the ferry. The existence of a short boundary of about 150 meters between Zambia and Botswana was apparently agreed to during various meetings involving Heads of State and officials from all four States in the 2006-2010 period.
The route for this new bridge crosses the boundary without entering Zimbabwe and Namibia. Zimbabwe already has a bridge into Zambia at Victoria Falls, 70KM from Kazungula. Namibia on the other hand has a bridge into Zambia at Katima Mulilo about 150KM upriver.