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Khama, DK exchange jabs at Masire funeral

Botswana President who is also the leader of Botswana Democratic Party (BDP), Lt. Gen. Dr. Seretse Khama Ian Khama and long time BDP strongman Daniel Kwelagobe threw tantrums at each other during the funeral of ex-president Sir Ketumile Joni Quett Masire.


The state funeral of the ex-president which was characterized by somber mood as well as laughter alike to break the ice was conducted on Thursday at his home residence at Goo Motebejana ward at Kanye. The former President died last week at the age of 91 at Bokamoso Private Hospital in Gaborone. At the funeral, Khama and Kwelagobe exchanged jabs in front of distinguished leaders among them Lesotho’s King Letsie III, Zimbabwean President Robert Mugabe, South Africa’s Deputy President Cyril Ramaphosa who graced the funeral.


Also in attendance were former Botswana President Festus Mogae, ex- Presidents Thabo Mbeki (South Africa), Armando Guebuza (Mozambique), Benjamin Mkapa (Tanzanian) and serving Deputy Prime Ministers of both Swaziland and Lesotho. First to draw blood was Kwelagobe, who was the longest serving Member of Parliament until he lost last 2014 elections. In delivering his eulogy, he made sure it was punctuated by the theme that the country is at crossroads.


The BDP strongman indirectly advised the current government to introspect and he continuously stated that “we are at crossroads”. Kwelagobe said that during moments like this, the leadership needs to look back at the legacy of the architects of Botswana such as Masire, to lend a leaf from them on how to run a government and deliver themselves and the nation from challenges.


He observed that Masire’s unrelenting attribute was his inclination for intra party democracy in the BDP and the significance of being steadfast and in compliance to the party’s constitution, rules and policies as well as traditions which define the soul of the party he, together with Sir Seretse Khama founded. “Democracy both within the party and in public affairs was not merely a slogan or principle to which lip service was paid. Masire was a democrat at heart. He lived and breathed democracy,” Kwelagobe said.


According to Kwelagobe, thorough, robust and wide ranging consultation defined Masire’s leadership to the core. “If you are on a journey and you get lost on the way, go back to the crossroads and ask for directions from those who know the road well,” he maintained in which speech, in which Khama was seen from time to time taking “notes.”


Kwelagobe also took a swipe at Khama and the government for failure to honour the founding fathers thus far hence consequently summoning them to honour the legend by naming some facilities, streets, stadia under his name – as a priority going forward. According to Kwelagobe, Masire left the presidency 20 years ago, but nothing in this country has been named after him, so, “we bury him with his legacy it appears.” Kwalegobe then stated boldly: “I humbly requests my government to review our honours policy and make sure that Sir Ketumile is appropriately honoured.”


The former Molepolole legislator maintained in his eulogy as a family friend to the longest serving president Sir Masire that the government should also speed up and name one of its facility after President Masire in honour to great service he has rendered to the nation over the years spanning in more than 60 years.


However when he took to the podium to also give a eulogy to the second president and founder of Botswana, President Khama upon realizing the indirect attack from Kwelagobe, also threw political salvos to the former Molepolole law maker who had spoken before him as they paid tribute to former president Masire. “I do not want to spare Kwelagobe (in terms of what he said before),” he said adding that “kana ene ke motho yoo ratang go tswa mo tseleng (meaning he naturally likes being non conformist/ defying the consensus or getting out of the way).


To tear him into line, Khama in responding to Kwelagobe stated that: “in terms of the honours policy of our leaders – we have a blue print of such already in place. And it was crafted at the time when Kwelagobe himself was a sitting cabinet Minister.” Khama continued: “but obviously he (Kwelagobe) has forgotten because he was pre-occupied with the issue of cabinet and legislators salary adjustments which he mentioned earlier in his speech. Eish, politicians!”


Kwelagobe had prior pointed out in his tribute that, Botswana in terms of salaries of cabinet Ministers, was the lowest when comparing to others in the Southern African Development Community (SADC) region. In light of this, he (Kwelagobe) and colleagues in cabinet then demanded a salary hike, in which Masire is understood to have said to the ministers that they may continue with the adjustment but – at his exclusion as a president.


His contention against the idea was premised on the fact that Botswana was still poor and many citizens were also suffering and needed that money than the cabinet minister or Members of Parliament. Khama also asserted: “so, that is something we are going to do (honouring Masire). In fact, it was only yesterday that I was also discussing this matter with BDP Secretary General Botsalo Ntuane, whom he can attest to this. I hope he is here with us. Oh there he is (pointing a finger at him).”


Khama then accused the non suspecting Ntuane of “not wearing properly” as he was clad in communism regalia. In light of the attire, the president invited South African Mbeki, Ramaphosa in jest to lure Ntuane to the Communist party in their country. The fourth president maintained that the issue of Honouring Masire will be tabled at the next cabinet meeting in which they will discuss on what way to honour the statesman and which facilities to name after Sir Masire.


When Khama stated this, he received a thunderous applause from the mourning audience which had been quickly switched on to a euphoric mood. “So Kwelagobe spoiled the disposition by revealing the undisclosed secrets while it’s still early which forced me to spill the beans on this ongoing process to honour Sir Masire,” President Khama pointed out to Kwelagobe.


He continued: “and where are the roads crossed,” he asked Kwelagobe rhetorically while adding that “we will go back there and ask for directions leading to the right way, the straight way – and I will make sure I go there with you,” he added in which the crowd teared up in laughter upon recognizing the punch line directed to Kwelagobe.


Former presidents ‘cheated’, Masisi may serve 5 years


From Kwelagobe, Khama also said that we should not be mourning but celebrating the life of Sir Masire.  He reminded all that Masire was Minister of Finance and Development Planning concurrently with being the Vice President for 14 years as well as President for 18 years.


President Khama also said that the former presidents, his father Sir Seretse Khama who served 14 years, and Masire who served 18 years as president, both of whom are now late – cheated the Presidents that came thereafter as they are only restricted and compelled to serve only 10 years each respectively.


“My father did 14 years, Masire did 18 years, Mogae will do 10 years, and I am also going to serve for 10 years. So the duo has cheated me together with the third President Mogae. So, it appears it’s going down, be careful you Vice President Mokgweetsi Masisi when you become president. They might give you only 5 years,” the hypothetically mourners again laughed their lungs out at the time when President was having a field day on previous speakers at the funeral. Khama was the last to speak on the line-up.


Memories as BDF Commander under President Masire


He said as you know “I served under President Masire while I was still the Commander of Botswana Defense Force (BDF), my memories are when I regularly toured with him around BDF operational areas, as he was our Commander in Chief.” He pointed out that there is one incident in which he has been debating of whether to remind former BDF Commander under him Tebogo Carter Masire about, although he said he wasn’t there at the time.


It was at one of these bases in the Okavango area, he said adding that as you heard from Zimbabwean President Robert Mugabe that Okavango is an area which has a lot of water. Mugabe has spoken before him of how Masire hosted him at the Okavango Delta in north western Botswana.


“Some of our operations, we, or the BDF conducted on horseback because the water is so deep the vehicles cannot go through. So we took him to one of the places where we do the horse riding and trainings. One of our Captain Officers said President Masire would like to ride one of the horses and before Masire could answer I said ‘no’ the president does not want to ride.”


Khama continued to narrate: “but knowing him, as he was, he said he wanted to ride the horses. And I wondered what I was going to tell Batswana incase he falls from the horse while riding. So I said to the captain find me the gentlest horse which won’t misbehave. And then find me the second gentle horse so that I ride it, because I had a few experiences of falling from a horse on my life. So what happened later we all know by now. The gentlest horse misbehaved. And it threw him off. The President (Masire) fell. And that Captain Officer the next day was a Civilian,” meaning that he was fired.  


Khama’s leadership style


President Khama has been accused of being an authoritarian leadership who is hell bent on applying the kind of discipline he has inherited from the barracks in his days as member of BDF and later as Commander. Some observers believe that his leadership style as president is a deviation from the founding fathers leadership style which was premised on utmost democracy through thorough consultations.


The first and the second president initiated the national principles being Democracy, Development, Self Reliance, Unity and Botho while Khama brought in his own road map of 5 “D’s of Development, Democracy, Discipline, Dignity and Delivery. President Masire had also sent a chilling message in 2014 at a funeral of opposition Botswana Movement for Democracy leader Gomolemo Motswaledi that some leaders only want to make a name for themselves against a collective in which they founded Botswana and instilled nationalism.

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BONELA speaks on same-sex decriminalization case

18th October 2021
BONELA

In June 2019, a case involving the Attorney General was brought before the High Court, in which the applicant Letsweletse Motshidiemang challenged Sections 164 (a) and 167 of the Penal Code. The applicant contended that these sections are unconstitutional because they violate the fundamental rights of liberty and privacy. 

The applicant argued that these sections violated his right and freedom to liberty as he was subject to abject ignominy. These laws subjected the LGBTIQ community to brutal and debasing treatment through social control and public morality. On the 1st of November 2017, the Botswana High Court further allowed Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) to join the case as amicus curiae.

However, in July 2019, the respondents, in this case, i.e. the Government, filed an appeal against this iconic High Court ruling seeking re-criminalization of homosexuality. Human Rights Group has criticized this move of the Government all over the world.  The appeal was heard before five judges at the Court of Appeal on Tuesday. The State was represented by Advocate Sidney Pilane, while LEGABIBO and Letsweletse Motshidiemang were represented by Tshiamo Rantao and Gosego Rockfall Lekgowe, respectively.

Non-Governmental Organizations advocating for the LGBTIQ+ community joined the two parties at the Court of Appeal during this case. They argue that the minority group should enjoy their rights, especially the right to privacy and health. Botswana Network on Ethics, Law and HIV/AIDS (BONELA) Chief Executive Officer, Cindy Kelemi says the issues being raised by LEGABIBO are that as individuals belonging to the LGBTIQ community, they have and must share equal rights, including the right to privacy, which also speaks to being able to involve in sexual activities, including anal sex.

“Those rights are framed within the constitution, and therefore a violation of any of those rights allow them to approach the courts and seek for redress. We do not need the law to be regulating what we do in the privacy of our homes. The law cannot determine how and when we can have sex and with who, so the law does not have any business in that context. What we are saying is that the law is violating the right to privacy,” she said on the sidelines of the decriminalization case in Gaborone on Tuesday.

The first case involving the homosexual act was the Utjiwa Kanane vs the State in 2003. Contrary to section 164(c) of the Penal Code, Kanane was charged with committing an unnatural offence and engaging in indecent practices between males, contrary to section 167. The conduct at issue involved Graham Norrie, a British tourist, and occurred in December 1994. (Norrie pleaded guilty, paid a fine, and left the country.)

Kanane pleaded not guilty, alleging that sections 164(c) and 167 both violated the constitution. The High Court ruled that these sections of the Penal Code did not violate the constitution. Kanane then appealed to the Court of Appeal. BONELA CEO recalls that in its judgment then, the High Court indicated, Batswana were not ready for homosexual acts. Twenty years later, the same courts are saying that Batswana are ready, she says.

“They gave the explicit example that shows that indeed Batswana are ready. There are policies and documents in place that accommodate people from marginalized communities and minority populations. The question now is that why is it hard now to recognize the full rights of an individual who is of the LGBTI community?” She further says intimacy is only an expression. The law that restricts homosexuality makes it hard for LGBTIQ members to express themselves in a way that affirms who they are.

“We want a situation where the law facilitates for the LGBTIQ community to be free and express themselves. The stigma that they face in communities is way too punitive. They are called names; some have been physically violated and raped at times. It shows that the law doesn’t not only prevent them from expressing themselves, it also exposes them to violence.” The law on its own, Kelemi submits, cannot change the status quo, adding that there is a need for more awareness and education on human rights and what it means for an individual to have rights.

“As it is now, it is very tough for some to do that because of a legal environment that is not enabling. We also want to see a situation where LGBTIQ+ people can access services and be confident that they are provided with non-discriminatory services. It is challenging now because health care providers, social workers and law enforcement officers believe that it is illegal to be homosexual. What we are saying is that if you have an enabling law, then that will facilitate for people to be able to express themselves, including accessing health services,” Kelemi said.

“As we are doing this advocacy work, one of the issues that we picked up is that there is lack of capacity, especially on the part of healthcare workers. We noted that when we provide services or mobilize Men who have sex with other men (MSM) to access health facilities, health care workers are not welcoming, forcing them to hideaway. We must put an end to this to allow these people the freedom that they equally deserve.”

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Masisi warns Gov’t officials

18th October 2021
President Masisi

The President, Dr Mokgweetsi Masisi, has declared as an act of corruption the attitude and practice by government officials and contractors to deliver projects outside time and budget, adding that such a practice should end as it eats away from the public coffers.

For a very long time, management problems and vast cost overruns have been the order of the day in Botswana, resulting in public frustrations. Speaking at the commissioning of the Masama/Mmamashia 100 Kilometres project this week, Masisi said: “There is a tendency in government to leave projects to drag outside their allocated completion time and budget. I want to stress that this will not be tolerated. It is an act of corruption, and I will be engaging offices on this issue,” Masisi said.

In an interview with this publication over the issue, the Director-General of the Directorate on Corruption and Economic Crime (DCEC), Tymon Katholo, says, “any project that goes beyond its scope and budget raises red flags.” He continued that: “Corruption on these issues can be administrative and criminal. It may be because government officials have been negligent or been paid to be negligent by ignoring certain obligations or procedures. “This, as you may be aware has serious implications on not only of the economy but even the citizens who use these facilities or projects,” Katlholo said, adding that his agency is equally concerned.

According to the DCEC director, the selection, planning and delivery of infrastructure or projects is critical. In most cases, this is where the corruption would have occurred, leading to a troubled project. A public finance expert at the University of Botswana (UB), Emmanuel Botlhale, attributes poor project implementation to declining public accountability, lack of commitment to reforming the public sector, a decline in the commitment by state authorities and lack of a culture of professional project management.

In his research paper titled, ‘Enhancing public project implementation in Botswana during the NDP 11 period,’ Botlhale stated that successful implementation is critical in development planning. If there is poor project implementation, economic development will be stalled.
Corruption is particularly relevant for large and uncommon projects where the public sector acts as a client, and experts say Megaprojects are very likely to be affected by corruption. Corruption worsens both cost and time performance and the benefits expected from such projects.

Speaking during this week’s Masama/Mmamashia pipeline commissioning, Khato Civils chairman said Africans deserve a chance because they are capable, further adding that the Africans do not have to think that only Whites and Chinese people can do mega projects.  During his rule, former president Ian Khama went public to attack Chinese contractors for costing the government a move that ended up fuelling tensions between China and Botswana after Khama dispatched the then Minister of Foreign Affairs, Pelonomi Venson Moitoi, to China to register Botswana’s complaints with Chinese government-owned construction companies.  Botswana had approached the Chinese government for help in its marathon battle with Chinese companies contracted to build, among others, the failed controversial Morupule B power plant and refurbishment of Sir Seretse Khama International Airport (SSIK).

 

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Guma’s battle for millions of Pula give Court headache

18th October 2021
Guma Moyo

A legal battle between former Botswana Democratic Party (BDP) legislator Samson Moyo Guma and First National Bank (FNB) over a multimillion oil refinery project intensified this week with Justice Zein Kebonang referring the matter to Court of Appeal for determination.  The project belongs to Moyo Guma’s company called United Refineries which he has since placed under judicial management.

The war of words between Moyo Guma and FNB escalated after the company’s property worth millions of Pula were put up for sale in execution by the bank and scheduled to take place on 8th October. It emerges from Court papers that the bank had secured an order from the High Court to place the company’s property under the hammer.

Moyo Guma then also approached the High Court seeking among others that the public auction scheduled for 8th October 2021 be stayed. He contended that the assets that were to be sold belonged in reality to United Refineries and that as the company had been under judicial management at the time of the attachment, the intended sale in execution was unlawful.

He also sought the Court to declare that the writs of execution against the properties of guarantors and sureties of United Refineries Botswana Holdings Propriety Limited (the company) are unlawful.  Moyo Guma also sought a stay of the execution against the property known as Plot 43556 in Francistown, that is, the land buildings, plant and machinery which make up the property and any all immovable or movable property belonging to the guarantors and sureties of the company pending finalization of the winding up of United Refineries.

But FNB disputed Moyo Guma’s assertions and submitted that the properties in question belonged to TEC (Pty) Ltd and not United Refiners. TEC Pty Ltd which is one of the shareholders in United Refineries is one of the sureties and co-principal debtors of a debt amounting to P24 million owed by United Refineries to FNB.  FNB argued in papers that the properties belonged to TEC because it was TEC which had passed a covering mortgage bond in its favour over the property it now sought to execute.

Moyo Guma submitted that the covering mortgage bond passed in favour of FNB did not tell the full story as the property in question was in truth and fact owned by United Refineries and not TEC Pty Ltd. He maintained that the shares had been had been passed by the company in exchange for the properties in question and that the parties had always been guided by the spirt of the share agreement in dealing with each other despite delays in the change or transfer of ownership of plots 43556 and plot 43557 in Francistown.

Kebonang said it was clear to him that the two plots (43556 and 435570 belonged to United Refineries notwithstanding that TEC (Pty) Ltd had passed a mortgage bond over them in favour of FNB.  “For this reason the properties were immune from attachment or sale in execution so long as the judicial management order was in place,” he said.

The background of the case is that Moyo Guma together with five other investors, namely Elffel Flats (Pty) Ltd; Mmoloki Tibe; TEC (Pty) Ltd; Profidensico (Pty) Ltd and Tiedze Bob Chapi, each bound themselves as sureties and co-principal debtors in respect of a debt owed by a company called United Refineries Botswana Holdings (Proprietary) Limited (the Company), to First National Bank Botswana (FNBB) (1st Respondent).

FNB had extended banking facilities to the company in the amount of P24 million which was then secured through the suretyship of Moyo Guma and other shareholders.  Court records show that Moyo had on the 11th February obtained a temporary order for the appointment of a provisional judicial manager in respect of United Refineries and it was confirmed by the High Court on 24th September 2019.

In terms of the final court order by the High Court issued by Justice Tshepho Motswagole all judicial proceedings against the company, execution of all writs, summons and process were stayed and could only proceed with leave of Court. Court documents also show that First National Bank had sued the company and the sureties for the recovery of the debt owed to it and through a consent order, the bank withdrew its lawsuit against the company.

But FNB later instituted fresh proceedings against Moyo Guma and did not cite the company in its proceedings.  “There is no explanation in the record as to why the Applicant was now reflected as the 1st Defendant and why the company had suddenly been removed as the 1st Defendant. There was no application either for amendment or substitution by the bank,” said Justice Kebonang.

FNB had also argued that it sought to proceed to execute against Moyo Guma and other sureties on the basis of the suretyship they signed and that by signing the suretyship agreement, Moyo and other sureties had renounced all defence available to them and could therefore be sued without first proceedings against the principal debtor (United Refineries).  The question, Kebonang said, was that can FNB proceed to execute against Moyo Guma and other sureties on the basis of the suretyship contracts they signed?

“The starting point is that the Applicant (Moyo Guma) and others by binding themselves as sureties became liable for debts of the principal debtor and such liability is joint and several. He said the consequences of placing the company under judicial management means that every benefit extended to it should also extend to sureties.

“If the company is afforded more time to pay or its debt is discharged, reduced or compromised or suspended the obligation of sureties is to be likewise treated. It follows in my view that where judicial proceedings are suspended or stayed against the company, then any recourse against the sureties is similarly stayed or suspended,’ said Kebonang.

He added that “In the circumstances of this case, it seems to me that so long as the company is under judicial management, the moratorium that applies to it must also apply to its sureties/guarantors and no execution of the writs should be permitted against them. Any execution would be invalid.”

“Mindful that there is judicial precedent on this point in Botswana, at least none that I am aware of, and given its significance, I consider it prudent that the Court of Appeal must provide a determinative answer to the question whether a creditor can proceed against sureties where a company is under judicial management,” said Kebonang.

Pending the determination of the Court of Appeal, he issued the following order; the execution of writs issued in favour of FNB against Moyo and other sureties/guarantors of United Refinery are hereby stayed pending the determination of the legal question referred to the Court of Appeal.

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