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1000 likes, 1000 comments equals P100 000 fine

Had Phagenyane Phage made his tribalistic “joke” by means of a computer or computer system a few months from now, he would have attracted the wrath of clause 22 under the proposed Cybercrime and Computer related Crimes Act and would be facing a possible two years in prison and a P40 000 fine!

This is how serious Minister of Justice Defence and Security, Shaw Kgathi’s proposed law looks from plain view. The only difference is that the Botswana Congress Party (BCP) activist made the controversial statement at a political rally – the price he is paying now is rebuke and ridicule. He would probably escape because he is not on social media, especially facebook. The specific clause reads: “A person who, by means of a computer or a computer system, insults another person on the basis of race, colour, descent, nationality, ethnic origin, tribe or religion commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or to both.”

Mr Shine Namane of Lentswe La Batswapong through a statement in part expressed thus: “The specific utterances were “… ko ga Mmangwato ha go thokafete kgosi, ha gonwe re hira Motswapong gore atle go lela, a bidikame go dira bohutsana mo lwapeng leo…” We find Mr. Phagenyana’ remarks dehumanising, irresponsible, insensitive, divisive and infringing on the constitution of the Republic of Botswana, especially that they were uttered by a politician who expects Batswapong to vote for him or his party.

We place on record that Batswapong are self-respecting and a dignified community who will not allow themselves to be bought or paraded by anybody or tribe for that matter to create a scenery at anybody’s funeral or event.  We find the utterances in question offensive and toxic to the political landscape, peace and tranquillity of this great country.  It is without doubt that Batswapong have been injured by such utterances.”

Kgathi’s proposed law which looks destined to receive support from across the political divide is going to make life very difficult for a number of social media commentators. In the spirit of this law Phage’s “joke” could be interpreted as ‘Racist xenophobic motivated insult’.  There is general displeasure at Phage’s choice of joke at the Umbrella for Democratic Party (UDC) rally in Molepolole and his party has engaged Lentswe La Batswapong to apologise.

Back to the full might of the Cybercrime and Computer related crimes Act, “A person who, by means of a computer or computer system discloses or publishes a private sexual photograph or film without the consent of the person who appears in the photograph or film, and with the intention of causing that person distress, commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or both. The law captures this behavior as “Revenge Pornography”.  

The proposed law is far reaching, “A person who, by means of a computer or computer system – produces racist or xenophobic material; offers or makes available racist or xenophobic material; and distributes or transmits racist and xenophobic material commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or both.”

The Cybercrime and Computer Related Crime Act also tries to shield children from stalkers; “A person, who by means of a computer or computer system, communicates with a person who is, or who the accused believes is – under the age of 18 years, for purposes of facilitating the commission of the offence of child pornography, or offences of prostitution, rape, or indecent assault under the Penal Code; under the age of 16 years, for purposes of facilitating commission of offences of abduction or kidnapping of that person under the Penal Code; or under the age of 16 years, for purposes of facilitating the commission of the offence of defilement or any sexual offence of that person under the Penal Code, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding five years, or both.”  

Interestingly, the proposed law makes it clear that it shall not be a defence to a charge under this clause that the accused believed that “the person he or she was communicating with was at least 16 or 18 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.”

The Cybercrime law also tackles child pornography. “A person who published child pornography or obscene material relating to children through computer or computer system; produces child pornography or obscene material relating to children for purposes of its publication through a computer or computer system; possess child pornography or obscene material relating to children in a computer or computer system or a computer data storage medium; publishes or causes to be published an advertisement likely to be understood as conveying that the advertiser distributes or shows child pornography or obscene material relating to children through a computer or a computer system, commits an offence and is liable to a fine not exceeding P100 000, or to imprisonment for a term not exceeding five years or both.”

Minister Kgathi’s law drafters have crafted what they term, “Offensive electronic communication”. Under this clause they write that, “A person who willfully, maliciously or repeatedly uses electronic communication of an offensive nature to disturb or attempt to disturb the peace, quiet or privacy of any person with no purpose to legitimate communication, whether or not a conversation ensues, commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment of a term not exceeding one year, or both.”

The law is also taking aim at Cyber stalking because it makes it an offence to “willfully, maliciously or repeatedly use electronic communication to harass another person, or make a threat with the intent to place that person in reasonable fear for his or her safety or for the safety of his or her immediate family.” The offence attracts a fine of P20 000 or an imprisonment term not exceeding one year. Cyber harassment is also penalized with perpetrators facing a fine of P10 000 or an imprisonment term of six months or both.

The Cybercrime Act also carries huge fines and long term imprisonment proposal for offences such as cyber fraud (P100 000 or five years imprisonment or both) and cyber extortion (P20 000 or 10 years imprisonment or both). The Act criminalizes unauthorized disclosure of password or access code; damage to a computer or computer system; unlawful interception of data; unlawful possession of devices or data; unauthorized interference with a computer or computer system among other things.

Minister Kgathi’s proposed law is not forgiving to service providers as unlawful disclosure by service providers would attract hefty penalties, “A service provider who, without lawful authority, discloses – that an order under this Act has been made; any act done under an order; or any data collected or recorded under an order, commits an offence and is liable to a minimum fine of P1000 000 but not exceeding P5 000 000.”
Government wants this law to pass in November this year.

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ENVIRONMENT ISSUES: Masisi asks Virginia for help

24th March 2023

President Mokgweetsi Masisi says the issue of sustainable natural resources management has always been an important part of Botswana’s national development agenda.

Masisi was speaking this week on the occasion of a public lecture at Virginia Polytechnic, under theme, “Merging Conservation, Democracy and Sustainable Development in Botswana.”

Botswana, according to Masisi, holds the view that the environment is fragile and as such, must be managed and given the utmost protection to enable the achievement of Sustainable Development Goals (SDGs).

“It is necessary that we engage one another in the interchange of ideas, perspectives, visualizations of social futures, and considerations of possible strategies and courses of action for sustainable development,” said Masisi.

On the other hand, dialogue, in the form of rigorous democratic discourse among stakeholders presents another basis for reconfiguring how people act on their environments, with a view to conserving its resources that “we require to meet our socio-economic development needs on a sustainable basis,” Masisi told attendees at the public lecture.

He said government has a keen interest in understanding the epidemiology and ecology of diseases of both domestic and wild animals. “It is our national interest to forestall the dire consequences of animal diseases on our communities livelihoods.”

President Masisi hoped that both Botswana and Virginia could help each other in curbing contagious diseases of wildlife.

“We believe that Virginia Tech can reasonably share their experiences, research insights and advances in veterinary sciences and medicines, to help us build capacity for knowledge creation and improve efforts of managing and containing contagious diseases of wildlife. The ground is fertile for entering into such a mutually beneficial partnership.”

When explaining environmental issues further, Masisi said efforts of conservation and sustainable development might at times be hampered by the emergence and recurrence of diseases when pathogens mutate and take host of more than one species.

“Water pollution also kills aquatic life, such as fish, which is one of humanity’s much deserved sources of food. In this regard, One Health Approach imposes ecological responsibility upon all of us to care for the environment and the bio-diversity therein.”

He said the production and use of animal vaccines is an important space and tool for conservation, particularly to deal with trans-border animal diseases.

“In Botswana, our 43-year-old national premier pharmaceutical institution called Botswana Vaccine Institute has played its role well. Through its successful production of highly efficacious Foot and Mouth vaccines, the country is able to contain this disease as well as supply vaccines to other countries in the sub-region.:

He has however declared that there is need for more help, saying “We need more capacitation to deal with and contain other types of microbial that affect both animals and human health.”

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Masisi saddened by deaths of elephant attacks

24th March 2023

President Mokgweetsi Masisi has expressed a strong worry over elephants killing people in Botswana. When speaking in Virginia this week, Masisi said it is unfortunate that Batswana have paid a price with their own blood through being attacked by elephants.

“Communities also suffer unimaginable economic losses yearly when their crops are eaten by the elephants. In spite of such incidents of human-elephant conflict, our people embrace living together with the animals. They fully understand wildlife conservation and its economic benefits in tourism.”

In 2018, Nthobogang Samokwase’s father was attacked by an elephant when travelling from the fields, where he stayed during the cropping season.

It was reported that the man couldn’t run because of his age. He was found trampled by the elephant and was pronounced dead upon arrival at the hospital.

In the same year, in Maun, a 57-year-old British woman was attacked by an elephant at Boro and died upon arrival at the hospital. The woman was with her Motswana partner, and were walking dogs in the evening.

Last month, a Durban woman named Carly Marshall survived an elephant attack while on holiday in the bush in Botswana. She was stabbed by one of the elephant’s tucks through the chest and was left with bruises. Marshall also suffered several fractured ribs from the ordeal.

President Masisi Botswana has the largest population of African elephants in the world, totaling more than 130 000. “This has been possible due to progressive conservation policies, partnerships with the communities, and investment in wildlife management programmes.”

In order to benefit further from wildlife, Masisi indicated that government has re-introduced controlled hunting in 2019 after a four-year pause. “The re-introduction of hunting was done in an open, transparent and democratic way, giving the communities an opportunity to air their views. The funds from the sale of hunting quota goes towards community development and elephant conservation.”

He stressed that for conservation to succeed, the local people must be involved and derive benefits from the natural resources within their localities.

“There must be open and transparent consultations which involve all sectors of the society. It is against this backdrop that as a country, we lead the continent on merging conservation, democracy and sustainable development.”

Masisi stated that Botswana is open to collaborative opportunities, “particularly with identifiable partners such as Virginia Tech, in other essential areas such as conservation, and the study of the interplay among the ecology of diseases of wild animals and plants, and their effects on human health and socio-economic development.”

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Gov’t commit to injecting more funds in fighting HIV

24th March 2023

Minister for State President Kabo Morwaeng says government will continue to make resources available in terms of financial allocations and human capital to ensure that Botswana achieves the ideal of eradicating HIV and AIDS as a public health threat by 2030.

Morwaeng was speaking this morning in Gaborone at the High-Level Advocacy event to accelerate HIV Prevention in Botswana. He said the National AIDS and Health Promotion Agency (NAPHA), in partnership with UNAIDS, UN agencies, the Global Fund and PEPFAR, have started a process of developing transition readiness plan for sustainability of HIV prevention and treatment programmes.

“It is important for us, as a country that has had a fair share of donor support in the response to an epidemic such as HIV and AIDS, to look beyond the period when the level of assistance would have reduced, or ceased, thus calling for domestic financing for all areas which were on donor support.”

Morwaeng said this is important as the such a plan will guarantee that all the gains accrued from the response with donor support will be sustained until the end when “we reach the elimination of HIV and AIDS as a public health threat by 20230,” he said.

“I commit to continue support efforts towards strengthened HIV prevention, accentuating HIV primary prevention and treatment as prevention towards Zero New Infections, Zero Stigma, Discrimination and Zero AIDS related death, to end AIDS in Botswana.”

He reiterated that government commits to tackle legislative, policy and programming challenges that act as barriers to the achievement of the goal of ending AIDS as a public health threat.

In the financial year 2022/2023, a total of 119 Civil Society Organizations, including Faith Based Organizations, were contracted with an amount of P100 million to implement HIV and NCDs prevention activities throughout the country, and the money was drawn from the Consolidated Fund.

Through an upcoming HIV Prevention Symposium, technical stakeholders will use outcomes to develop the Botswana HIV Prevention Acceleration Road Map for 2023-2025.

Morwaeng stated that government will support and ensure that Botswana plays its part achieving the road map. He said there is need to put hands on the deck to ensure that Botswana sustains progress made so far in the fight against HIV and AIDS.

“There are tremendous achievements thus far to, reach and surpass the UNAIDS fast track targets of 95%- 95%- 95% by the year 2025. As reflected by the BAIS preliminary results of 2021, we now stand at 95- 98- 98 against the set targets.”

“These achievements challenge us to now shift our gears and strive to know who are the remaining 5% for those aware of their HIV status, 2% of enrolment on treatment by those aware of their status and 2% of viral suppression by those on treatment.”

Explaining this further, Morwaeng said shift in gears should extend to coming up with robust strategies of determining where these remaining people are as well as how they will be reached with the necessary services.

“These are just some of the many variables that are required to ensure that as a country, we are well positioned to reaching the last mile of our country’s response to the HIV and AIDS pandemic.”

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