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Jail beckons for Facebook bullies

Government plans to adopt an aggressive law to counter cyber-bullying especially on social media. The Minister of Justice Defence and Security, Shaw Kgathi has confirmed to this publication that he has Gazetted a cybercrime law aimed at addressing a number of concerns emanating from the abuse of social media by some users.

“From the several kgotla meetings I have addressed Batswana welcome the law and we are hopeful that Parliament will pass it in November,” he said. Kgathi should be smiling already because from social media postings, a number of legislators have already expressed support for the proposed law. This is how others define cyberbullying: “Cyberbullying is the use of the Internet, cell phones, or other technology to spread hurtful or embarrassing pictures and messages about other people. Cyberbullies use social media, blogs, and texting to harass and spread hurtful messages and pictures about other people. Cyberbullying is in the top five offenses most experienced by young adults.”

Kgathi said he hopes that the law gives the police and other law enforcement agencies a weapon to fight anyone who posts intimate pictures of others without their consent. Furthermore the Minister pointed to the now common phenomena of people arriving at accident scenes, taking pictures and posting them on social media, “This is hurtful to relatives of those involved in these accidents, and this one issue that people have raised in the various kgotla meetings I have addressed. They want this act to be criminalized so that we put controls on this kind of behavior,” he said.

Images nude women and men have been shared on a public websites without their consent. And in most cases the victims of this cyberbullying have no defined recourse, it may mean a lengthy court process but Kgathi is confident that the proposed law spells out the crimes and the penalties for acts. He said: "It makes it a new offence to do a number of things with videos or photos of a person in an intimate setting without that person's consent — including publishing, distributing, transmitting those images."

Sharing on social media in support of the proposed law, the Member of Parliament for Gabane-Mankgodi, Major General Pius Mokgware wrote: “It is important that most of us should familiarise ourselves with the new Cybercrime laws which are coming to Parliament this November. I will share them here from next week. They cover amongst others issues like; Sharing information which is not true even if you took it from someone, taking pictures in accidents and posting them on social media, posting nude pictures or pictures of people trying to tarnish their image, posting untruths about people on social media, posting information on social media with a view to defame or scandalise a former lover or someone. I will support this bill in order to bring sanity and order in the social media.”

Minister Kgathi said they are concerned at the level of abuse of social media by some people in the country and they want to try and address the challenge. Parliament will convene on November 6th this year starting with a State of the Nation Address by President Lt Gen Ian Khama. "This new law applies no matter what the age of the person," Kgathi said.

A Gaborone based attorney explained that he expects the proposed law to define certain terms such as an intimate image as being one in which the subject is nude, partially nude, or engaged in explicit sexual activity. He said in other countries with similar laws, "The definition is that at the time the photo or video was taken, there was some circumstances that led to a reasonable expectation of privacy, at least in the mind of the person in the photo or video."

There has sporadic posting of evidently private pictures on social media in Botswana whose aim has been to potentially embarrass the victim or lower their estimation in the eyes of the public. "The key difference and or functional word in the proposed new law is ‘consent’ for distributing photos or videos of another person— the consent of the person in the photo or video," the attorney emphasized. If found guilty, those indicted on charges could face up to five years in prison while summary convictions could carry a six-month jail sentence and monetary fines.

Although laws against cyberbullying vary, cyberbullying legislation generally includes the following: Harassment via computer, telephone, cell, or text messaging device; Any verbal, textual, or graphic communications that would cause fear of physical harm, intimidation, humiliation, or embarrassment to another person; Any threatening communication sent electronically to another person; Any explicit pictures intended to harm another person; In addition, sexting is often included in cyberbullying legislation.

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Gov’t shy to shame failing ministers

22nd February 2021
Morwaeng

Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.

Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.

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Bokamoso, Gov’t in P10M womb removal suit

22nd February 2021
Bokamoso

Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.

The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.

According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.

Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead.
According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.

“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.

The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.

What are fibroids?

Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.

The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.

Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.

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Masisi warned against a sinking Botswana

22nd February 2021
Ndaba GAolatlhe

The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.

Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty.  “Our young people have lost the fire to dream about what they could become,” he said.

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