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BMD: The ailing man within UDC

When Chief Justice Julian Nganunu deliveried his judgement in favour of President Ian Khama in 2009 against Gomolemo Motswaledi, the judgement marked a new beginning which changed the course of Botswana’s politics forever.  For the past two years, BMD has been thrown in disarray, with the emergence of two factions threatening not only the existence of BMD as viable political party but also the prospects of Umbrella for Democratic Change (UDC) attaining power in two years time, writes ALFRED MASOKOLA.


The formation of the Botswana Movement for Democracy (BMD) will remain a centre of debate for many years to come. The political movement was conceived in the wake of the suspension of Gomolemo Motswaledi from the Botswana Democratic Party (BDP). The rising political star had been recently elected secretary general when he collided with party president Lt Gen Ian Khama. In the build-up to the 2009 Kanye Congress, at which Motswaledi was elected the party secretary general, tensions were brewing within the party.

 

Factions had returned-the Barataphathi, which Motswaledi was a member of had wanted the party to hold central committee elections, meanwhile, Khama’s A-Team preferred a compromise arrangement in which women would be allowed to assume the position unchallenged.


Daniel Kwelagobe, who had retired his secretary general position from the previous congress after serving 27 years, had returned to the fold this time around to contest the party chairmanship. DK became the subject of humiliation from the A- Team faction because he reneged from his earlier promise that he had retired. However, the real battle was between Khama and Motswaledi, the Barataphathi prince. Khama had been at cross roads ever since the 2003 congress, in which against all the odds, Motswaledi, then a Youth Wing chairman, joined a small group of those who stood with Ponatshego Kedikilwe against Vice President Ian Khama for the party chairmanship.

 

Five years later, when Motswaledi wanted to succeed Khama in the Serowe North West constituency, the former was made to back down. Instead it was Tshekedi Khama, the president’s brother who took over the throne. The 2009 Kanye Congress was a continuation of the Motswaledi/Khama battle, but its aftermath left a ruin in the BDP and set in motion a chain of events which led to the formation of the BMD.


After the victory of the Barataphathi at Kanye, a series of events hastened the hostility in the party. Khama was in control of government, while Barataphathi were in control of the party.  The ultimate point came when Motswaledi, two months into his position was slapped with a suspension letter supposedly for defying president Khama’s authority. Motswaledi was suspended for 60 days from the party and re-called as party parliamentary candidate for Gaborone Central.  The suspension came after Motswaledi had written to two law firms seeking clarification on whether the party president had powers to make unilateral appointment of sub-committee members without consulting the central committee.

 

Collins and Newman Law firm responded through newspapers, stating that Khama indeed had powers to do so. Motswaledi wrote back, rebuking Collins and Newman’s Parks Tafa for running the opinion in the newspapers. This ended Motswaledi’s political career at BDP.
A few months later, crowds of well wishers left the Court of Appeal with one resolution: to stand by Motswaledi through and through.  Immediately after the judgement, Botsalo Ntuane, then Motswaledi’s sympathiser-in-chief had convinced Motswaledi to form a political party. It was a decision taken in the benches of the court.

 

After a few months later, BMD was born; it was the new kid in the block and immediately assumed the position of main opposition in parliament. Many theories have been said about the party but, its break through transformed the politics of Botswana, either for better or for worse. Many have said the party would not survive the politics of opposition, but the party has stayed to live, for seven years now. Part of the BMD legacy, which will stay forever is that for the first time in the history of Botswana, BDP experienced a split which weakened the party.  BDP had been for years a major beneficiary of fragmented opposition parties.


EMERGENCE OF FACTIONS IN BMD


BMD is party which is a product of BDP factionalism. The suspension of Motswaledi from the party and barring him from contesting for parliamentary constituency was the turning point. Motswaledi’s court loss was met with a new five year suspension from the party. When announcing his resignation from the party in 2010, Motswaledi said he had to fight “what looked like a five-year sentence, while in fact was a 10 year sentence.” The five years suspension meant that Motswaledi would have not been eligible to participate in the 2013 party primary elections, ruling him out of the possibility of running for a parliament seat until 2019.


Ndaba Gaolathe, then Motswaledi’s campaign manager published an article in newspapers in which he condemned the party’s decision to suspend Motswaledi. Gaolathe said the decision was not in line with what the party stood for and that the decision was taken in bad faith. Meanwhile Botsalo Ntuane who chaired the committee which oversaw the formation of BMD, and later became its Vice President was of the view that after the 2009 Kanye Congress, the victory of democrats was sabotaged and undermined at every turn. He contended that the BDP had abandoned faith in democracy.


In the formative stages of BMD Ntuane never stopped insisting how BMD was important to the future politics of Botswana, and that if there was ever to be any change of government, BMD would be central to all the events. The former Gaborone South West legislator was then the leader of opposition.  Ntuane has since returned to BDP and is not part of the boiling pot currently brewing at the party.  


At the centre of the controversy lies party chairman Nehemiah Modubule and secretary general Gilbert Mangole while the other side of the divide is party president Ndaba Gaolathe and his deputy Wynter Mmolotsi.  The two factions have failed to reconcile. The fire was stoked by the presence of former party spokesperson; Sidney Pilane who has since self declared his return to the party, defying an earlier resolution by party president, Gaolathe that his membership will only be dealt with at next year’s party congress. A liberal BMD constitution, which vests more powers on the party’s National Executive Committee (NEC), has made it difficult for the party to resolve the impasse as NEC members remain divided.


The adoption of a liberal constitution by BMD at the 2011 Inaugural Congress was motivated by the manner in which the late party leader, Motswaledi was suspended by President Lt Gen Dr Ian Khama Seretse Khama from his position as BDP Secretary General in 2009, a few weeks after being elected into the position at the party congress.  Pilane is the chief architect of BMD’s constitution. Gaolathe, who formed part of the inaugural NEC as National Policy Director became party president following the untimely death of Motswaledi in July 2014. Prior to assuming the presidency, Gaolathe had served as Motswaledi’s deputy. Pilane quit the party in 2012, a year after being defeated by Motswaledi for the party leadership at the party’s inaugural congress.


BMD president, Gaolathe had insisted previously that the process which was adopted to grant Pilane membership was unconstitutional since his earlier application at Gaborone North was rejected. Pilane would later be granted membership at Mochudi West branch after being abetted by party secretary general, Gilbert Mangole to do so. Pilane’s BMD return talks started making rounds in 2015 ahead of the BMD Youth League congress held in Mochudi where it was reported that he had funded the team which emerged victorious.  


It was also reported that the BMD founding member was on the verge of return to the party and also eyeing the party presidency. Pilane however ruled out the possibilities of him returning to politics, only to announce his arrival later. Pilane was later listed as one of the negotiators representing BMD at the cooperation talks, something which Gaolathe/Mmolotsi faction opposed. The Gaolathe faction pushed for a special congress last year, despite winning support in 29 branches, the Modubule/Mangole faction controlled NEC rejected special congress on the basis that due process was not properly done. The Gaolathe faction is of the view that the Modubule/Mangole faction feared facing the wrath of party members are playing delaying tactics.


Last week, at the eleventh hour, the part NEC took a decision to postpone the Youth League elections billed for that weekend in Ramotswa. In another factional bout, the Mangole/Modubule faction diverted another contest but reasoned that the decision was taken after fears that the youth league would not have enough delegates to form a quorum. The Gaolathe/Mmolotsi faction did not buy that reason and insisted that, again it was another ploy to avoid defeat by the team. The Gaolathe/Mmolotsi team went ahead and held the congress where the new youth league was elected. However, the Modubule/ Mangole faction had insisted the congress was unconstitutional, referring to it “a wasteful gathering of friends.” Modubule has threatened to suspend those who attended the congress for bringing the party into disrepute.


IMPLICATIONS ON OPPOSITION COOPERATION


BMD forms a vital cog in the Umbrella for Democratic Change (UDC). After the 2014 general elections, of the 17 elected UDC MPs, nine of them belonged to BMD (that was before Kgosi Tawana Moremi tendered his resignation). The UDC project is mainly attributed to hard work of Duma Boko, the Botswana National Front (BNF) President and Motswaledi who passed away a few months ahead of the 2014 general elections.  In the run up to those elections, Gaolathe was Boko’s vice presidential candidate and also party secretary general.


One school of thought opines that the Gaolathe/Mmolotsi faction is also not happy with the gains of the BMD in the new UDC set-up following the arrival of Botswana Congress Party (BCP). They have since rubbished those claims. Meanwhile on the side of factional divide, Pilane and co are content with the gains of the BMD. A new deal insists that the position held at UDC was given to parties not individuals, which means, Gaolathe’s vice presidency is subject to him retaining the BMD presidency in July. Mangole and Modubule have announced at a press briefing earlier this week that they have lost confidence in Gaolathe.


Earlier last year, BNF senior figure and legislator for Molepolole North, Mohammed Khan warned UDC that BDP is alive to the fact that opposition parties are in pole position to take over power in the next general elections, and therefore will do everything to frustrate them.
Khan was vying for the party vice presidency when he told this publication last year that already there were efforts made to infiltrate opposition parties and cause some sort of instability including by luring members with attractive packages to have them dump their parties.
The Molepolole North legislator expressed that the UDC leadership should intervene in the ongoing BMD internal wars for the sake of protecting the mother party.


“At leadership level UDC should intervene with the bigger picture in mind. We are all UDC, people don’t care about BNF, BMD, BPP (Botswana Peoples Party) or BCP (Botswana Congress Party) because they will be voting UDC,” he said. “If the leadership does not intervene, the matter might get out of control and as a result hurting the UDC electoral success in 2019. I have experienced this situation before and I will be able to help.” However Boko has chosen not to intervene in the matter preferring to allow the party to sort itself out. Boko has said BMD is going through a normal process like any party and will pass through that phase.


On the other side, BOFEPUSU have been on the receiving end of the Modubule/Mangole faction, who said their appearance at BMD YL congress in Ramotswa over the weekend was interference in the internal affairs of the BMD.  BOFEPUSU Secretary for Labour, Johnson Motshwarakgole and Deputy Secretary General Ketlhalefile Motshegwa were present at the congress. It is reported that BOFEPUSU has pledged to support Gaolathe and his team.

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Masisi, DIS come under scrutiny at UN Rights Committee 

25th October 2021
masisi & magosi

President Dr Mokgweetsi Masisi and the Directorate of Intelligence (DIS) came under the lens of the United Nations Human Rights Committee during the just ended dialogue between committee members and the Botswana delegation. 

Scores of issues, among them the country’s reports on topics including whether Masisi abused the State of Emergency Act during the COVID-19 pandemic and alleged surveillance and harassment of members of the public by DIS, were addressed at the session.

A Committee expert asked about legislation in the Penal Code allowing the Government to investigate people who expressed opinions against public figures, particularly the President. How many cases were there of journalists who had been investigated, prosecuted and tried?
Concerning the COVID-19 Emergency Powers Act, there was a provision for a fine or a five-year jail term for journalists using “source(s) other than the Director of Health Services or the World Health Organization” when reporting on COVID-19. The Committee Expert asked for the number of cases and other measures taken under this Act.

Another committee expert wanted to know that the scale and scope of electronic surveillance, which had sharply increased in recent years, was concerning. Furthermore, the Committee was troubled at the lack of a sufficient independent oversight mechanism over the Directorate of Intelligence and Security Services that reportedly had contributed to a growing climate of fear and chilling effect on journalists, human rights defenders and opposition politicians. In this respect, a Committee Expert asked about the measures taken by Botswana during the COVID-19 pandemic to ensure that the right to privacy was protected (collection and management of personal data).

The Expert also enquired about a database website, which was not functioning but was supposed to contain documents of Botswana’s international human rights commitments.
In terms of the freedom of assembly, while the Constitution of the State party guaranteed it, the Committee had received information that, in practice, the Public Order Act required citizens to apply to the nearest police for a permit to hold an assembly, and police had sometimes denied requests for unclear reasons.

The Committee Expert asked if the Public Order Act of the State party had been applied in conformity with those tests. Would the State party indicate the measures it had taken and/or intended to take to make the application of the law in question strictly compatible with the requirements under article 21? Furthermore, the Committee had also received allegations that police officers sometimes used force to compel gathering people to disperse. In this regard, the Expert asked for information on legal provisions and practical guidelines under which police officers may resort to force and any training programme if any, for police and other law enforcement officers to respect and ensure the right of peaceful assembly.

A Committee Expert asked about cases of holding people for longer periods under pre-trial detention than the maximum period provided for in legislation, 36 months, instead of six. Were there any plans to shorten the duration of pre-trial detention in legislation? The Committee noted that there was no provision for local community broadcasting. What measures were the State party taking to ensure that the local communities could also communicate in their language in the media?

What measures had been undertaken by Botswana to increase sustainable development in the country regarding climate change in particular. What efforts had been undertaken to ensure that customary courts worked up to speed? A Committee Expert asked about children in rural areas who travelled a long way to their schools. The delegation was asked about the independence of the Ombudsman Office, including provisions for appointing the Ombudsman. What budget was envisaged for this Office?

The Expert acknowledged the established procedures and institutions for anti-human trafficking but expressed concerns about the lack of reported cases. The Expert asked about the accountability of the public prosecution, as well as the intelligence services. Replying, the Botswana delegation, led by Presidential Minister Kabo Morwaeng, said there was an ongoing consultation for revising provisions that would ensure better protection for journalists and media freedom in Botswana.

Still, the delegation said, freedom of expression was assured in the State party without any restrictions, including in Parliament. There was an education programme providing the opportunity for children in primary school to be taught in their mother tongue. It also explained that the Ombudsman would be dealing with issues of human rights promotion and protection.

“National policies and procedures were envisaged to control the distribution of natural resources. Botswana was also taking measures to increase the access of minority groups to education. Regarding pre-trial detention, the delegation explained that the criminal procedure assured justice was preserved in the country,” said the delegation.

On the issue of torturer and alleged use of unreasonable force on suspects, the Botswana delegation explained that police officers were trained to use minimal force, ensuring that human rights were preserved, including in the cases of assemblies. On the use of surveillance, no legal provisions were breached, and such measures were used in accordance with national legislation. Legal aid was very costly, and it was not possible to keep the record in detail as asked by the Committee.

Morwaeng told the Committee that the Government maintained a robust consultative approach to policy development and legislative process. He said this was a system of governance that ensured that the voices of ordinary citizens were respected and taken into account in the social, economic and political process that affected them the most, giving full effect to the full enjoyment of human rights across the board. The delegation took due note of the views of the Committee, including the importance of harnessing information technology to give a broader appreciation of the provisions of the Covenant.

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Masisi on P1 billion water investment

25th October 2021
water project

The P1 billion water project launched by President Dr vMokgweetsi Masisi this week is said to be critical to the success of key projects planned in Lobatse – the Lobatse Milk Afric and Leather Park. After commissioning the multi-million Pula Masama-Mmamashia water project last week following its completion, on Thursday, Masisi performed ground-breaking ceremony of yet another major water project, the Lobatse Water Supply Master Plan (LWSMP1).

The water project was conceptualized in 2009 to address water shortage in areas along the Greater Gaborone zone. These areas include Ramotswa, Otse, Mogobane, Mankgodi, Manyana, Goodhope, Lekgolobotlo, Mmathethe, Molapowabojang and villages surrounding. It was said that some major upcoming projects in Lobatse such as Lobatse Leather Park, Milk Afric and the Pioneer Border Gate are dependent on the success of this project, in order for them to take off and operate effectively. The two projects have been struggling to take-off despite government having put the necessary resources.

The Lobatse Leather Park is anticipated to create about 4700 jobs at the initial stage and 7000 jobs at full capacity. The project entails the development of a complex for different tanneries with the support of state-owned beef company, Botswana Meat Commission. It will comprise primary infrastructure such as a common effluent treatment plant, sewage treatment plant, and others.

When operational, the park is expected to supply the private sector with hides and skins, raw to finished leather tanneries, and the manufacturing of different leather products. These products include shoes, belts, jackets, and others, thereby playing an instrumental role in stimulating economic activity. Leather Beneficiation Park is seen as important for the leather industry as it would ensure that Botswana moves from exporting raw leather to finished leather goods. It is said research has established that there are plenty of hides and skins in the country from the three million cattle and 1.8 million goats.

Meanwhile, Milk Afric dairy farm project which was expected to be complete by the second half of 2018, is in the wilderness after the initial partnership between Botswana Development Corporation (BDC) and Milk Afric failed to bear fruits. BDC has been searching for a new partner for the project. Once fully operational, the farm will produce a total of 21.9 million litres or one third of the national milk demand, which is 65 million litres a year. At present, Botswana imports over 58.8 million litres from South Africa at a cost of P345 million annually.

The P120 million project is a Public Private Partnership deal between Lobatse Town Council (LTC),  with 10 percent shareholding through leasing its 1375.4 ha farm for 25 years; and 26 percent (P40 million) by Botswana Development Corporation (BDC). When speaking at the groundbreaking ceremony held in Ramotswa, Masisi said, in addition to improving the water supply for domestic needs and livelihoods, this infrastructural development will facilitate major projects in the Lobatse region, which are critical to the ailing, old town.

“Our objective as a country is to align developments with the National Vision 2036 Pillar 3 on Sustainable Development, which recognizes water as a very scarce resource which requires strategic management by key players.” Botswana is a developing country with an increasing population, Masisi said, adding that an increase in population naturally causes exponential growth in the demand for water. This is a reality that Botswana is faced with and challenged to address for sustainable water supply, the President said.

He indicated that this is why they are continuously witnessing major water projects undertaken by government, in collaboration with key partners. “Gaborone and surrounding areas have been experiencing an acute water supply deficit due to infrastructure that has outlived its potential to meet the growing demand for water by citizens. This particular project entails the construction of a Pump Station at Forest Hill in Gaborone, a 57 kilometre pipeline from Gaborone to Lobatse and a new Northern reservoir.”

The project, awarded China State Construction and Engineering Corporation/Van and Truck Hire Joint Venture at over P1 billion, is currently at 49% of its completion stage. There are 637 jobs created by this water project. “The transmission pipeline will convey 63 million litres of water a day from Gaborone to Lobatse. This is a great improvement compared to an average supply of 14 million litres of water that has been supplied to Lobatse, Borolong and surrounding areas,” Masisi said.

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UN quizzes Botswana on gays, Sebina defilement case

25th October 2021
EU

The United Nations Committee on Human Rights has taken Botswana to task over what it considers to be discrimination laws against lesbians and gays and delay in prosecuting suspects in the infamous Sebina defilement case.  The Botswana delegation led by Presidential Minister Kabo Morwaeng found itself against the wall before the United Nations Human Rights Committee of experts in Geneva, Switzerland.  

First to take Botswana head-on was the UN Committee member, C SOH, who noted that the recent ruling of the High Court pays particular attention to the penal code penalising same-sex sexual conduct as it found that it infringed on the constitutional rights, dignity, liberty and privacy of the LGBTI persons (lesbians and gays).  “Nonetheless, I note with deep concern that those discriminatory provisions of the of the penal code remain in effect and regrettably the government stated in its periodic review before deciding whether or not to repeal section 164 it would still await the final determination of the court of appeal in the case of Motshidiemang vs State,” said Soh.

According to Soh, “This statement makes us cast doubt on the will of the government to vigorously” strike out section 164, which criminalises sex between people of the same sex.  “In this respect, I would like to ask the delegation to explain what the intended goal by the government was when it filed an appeal against the unconstitutionality ruling of the High Court,” he said. Soh said the Botswana Government had also explained that no persons had been convicted under this provision, section 164, ever since the penal code was enacted.

“However, media reports indicate that in August 2016, the government of a Gaborone Magistrate Court sentenced a man three years in prison who had been charged and convicted under section 164 for engaging in unnatural acts. Can the delegation explain these discrepancies relating to persons who have been convicted and sentenced under section 164 of the penal code,” he said.  He also wanted the Botswana delegation to explain how the government addresses how customary courts have been discriminating against LGBTI persons.

Another member of the UN Committee, Duncan Muhumuza, expressed concern that the Directorate of Public Prosecution (DPP) has taken more than four years to prosecute suspects in the Sebina saga in which a councillor was alleged to have slept with a student who was also a minor.
Replying to concerns raised by the UN experts, Mogakolodi Segwagwa, chief state counsel at the Attorney General Chambers, noted that one of the UN committee members has “become fearful that the fact that government appealed the case could be a sign that there is lack of will or doubt on the part of the government as to abolishing or outlawing of same-sex relations.”

“But I would like to assure the panel that Botswana has over the years proved itself at all times to be compliant with court orders. There are many examples I could put forward where the government had to make sure that court orders were executed. That is the assurance I can give out to the committee,” said Segwagwa.  He said there was a good reason for appealing the decision of the High Court in which it outlawed section 164.

“This was a High Court decision, and as you know in our jurisdiction when a judge is at the same court with his brothers and his sisters and fellow judges, whatever decision he puts out so far as that particular court is concerned, it is not law because it is not binding on his fellow brothers and sisters and it is not binding on fellow judges,” explained Segwagwa. He added that “It is merely persuasive so much so that some other judges may choose to when a similar case comes before him or her, depart and ignore the position that that particular judge espoused, and he or she can do so with ease.”

Segwagwa further explained that “There was a very pressing need for this matter to be appealed to the Court of Appeal for purposes of crystalising the law and for purposes of ensuring that if there is any aspect of the law that the High Court had overlooked in arriving at this particular decision, then such an aspect can be taken into consideration by the Court of Appeal.” “So we are waiting for that judgement, and once it comes, it will be implemented. I take it that the committee would like the Court of Appeal to uphold the decision below and strike out this particular section.”

He assured the UN experts that when the High Court struck out section 164 in 2019, the country did not erupt into violence, adding that this was an “indication that we don’t have anything against people of LGBT. They are our brothers and sisters, and we co-exist with them.”  Regarding the Sebina saga, Segwagwa said the painful case “where this councillor was said to have had sexual intercourse with a child is the police dealt with a matter as it is the law and we all know that the police are bound by their Act to do so without fear and prejudice.”

He said Upon completion of their investigation, “the matter was handed over to the prosecuting authority, as Mr Muhumuza had indicated, it has been four years and we concede that four years is a long time and that it is unreasonably a long time and that it defeats the whole adage that justice should be sweetest and freshest so much so that the case needed to be speeded along.”

He added that “But the problem we have which is not a problem in the sense of it being a problem, but the impediment we have in the sense that the Constitution created the Office of the Director of Prosecutions under section 51 subsection A and if you go to that particular section and you read subsection six, the director shall not be subjected to the control of another authority.”

Segwagwa said, “this is the section that was inserted in this constitution to safeguard the independence of the Director of DPP to ensure that he or she prosecutes matters without fear, favour and prejudice and it presents impediment where we can’t try and say to the DPP, go and register or indicate your position now, tomorrow or next year and that is why it has taken all this time, but we believe attempts are being made that it finds its way to the court.”

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