Defense attorney wants Guma’s record of tax returns
A pending defamation case lodged by Member of Parliament (MP) for Tati East Samson Moyo Guma against Gaborone North legislator, Haskins Nkaigwa over a facebook post has this week taken a new twist.
Fresh information reaching this publication suggests that an attorney representing the Umbrella for Democratic Change (UDC) law maker (Nkaigwa), Joram Matomela of JJ Matomela Attorneys slapped Moyo Guma with demands of documents relating to his alleged corruption business deals currently before the courts. It is believed the information would assist Nkaigwa to beef-up his defense in the defamation lawsuit.
In the contentious array of demands by Matomela to Ramalepa Attorneys who are representing the Botswana Democratic Party (BDP) MP Guma, he points out that: “the aid documents are in the custody of and are necessary for ensuring that justice is dispensed in this matter.” He stated that “we wish to put you on notice that, as part of his defense, Nkaigwa requires that you avail to him the following documents which he intends to use for his defense. The documents relating to your client’s tax returns.”
Among the official papers, Matomela also wants copies of the documents relating to the ongoing corruption case pending before the Village Magistrate Court wherein Guma’s companies are a subject of interest of the Financial Intelligence Agency (FIA) and the Directorate on Corruption and Economic Crime (DCEC). “The above matters are important as they have a direct bearing on Moyo’s character, which is the subject of the defamation suit launched by him.”
The Tati East legislator has had his bank accounts at Standard Chartered Bank frozen in what was said to be a result of “instructions from the highest office in the land.” It is understood that the Directorate of Public Prosecutions (DPP) who were then acting on behalf of the DCEC filed the application that effected the freezing of bank accounts belonging to Moyo Guma’s company, IRB Transport.
Guma co-owned the company with Minister of Youth Empowerment, Sport and Culture Development, Thapelo Olopeng, who later ceased his shareholding in the latter. It is understood that IRB Transport, owned by Guma, although not yet charged, has been for some time under surveillance by Botswana’s financial intelligence and security organs.
Guma was also caught off guard when the Botswana Unified Revenue Service (BURS) smacked him with a close to 30 million tax bill. He was accused and being investigated for allegedly flouting tax disbursements in addition to the corruption allegations. In the communication by Matomela to Ramalepa attorneys, another contention he alludes is that Guma’s attorneys make unnecessary postponements on the matter.
“We wish to register our concern that to date, the parties have not held a final case management conference as required by the rules. It will be recalled that at the last court appearance, you were not ready to proceed and you requested a postponement we did not object to,” the lawyer communicated.
He added that as the owner of the lawsuit (dominus litis), the responsibility of ensuring that meetings of the parties as per the rules of the court fall squarely on them and that therefore he demands that Ramalepa attorneys advise them as to whether Moyo is still interested in proceeding with the suit against Nkaigwa. “Delay on finalizing this matter causes a lot of prejudice on Nkaigwa as it takes his time and financial resources. Client is a Member of Parliament and has more serious issues to attend to relating to his constituents.”
Guma is suing the Gaborone North counterpart for P2 million in damages for defamation over a face book post of 22 April 2016 which was said to have been posted on the political face book group “All Parties Conference.” The defamatory post is said to have stated that “Guma can only cheat those who don’t know him, jang dijo betsho, le madi lea tsee le dino le dinwe. Madi a bogodu a tshwanetse go jewa akere ga a huhulelwa.”
When justifying the post as defamatory, Guma’s lawyers at Ramalepa Attorneys pointed out that the statement was understood to mean that Guma is a dishonest and corrupt public figure and politician who steals public funds for use in personal political campaigns. “The publication of the said statement was made with intention to humiliate, degrade or impair the dignity, self-esteem and reputation of Moyo; the publication of the defamatory aforesaid was an aggression upon Moyo’s personality rights, dignity, self-esteem and reputations a result of which he was aggrieved,” the letter addressed to Nkaigwa highlighted.
The lawsuit, which is believed to be the first facebook defamation case in local courts, comes at the backdrop of a controversial Cybercrime and Computer Related Crimes Act which was passed by parliament not so long ago. The new internet Act allow people to sue over the information that is presented on the internet and it also criminalizes publication of information that may be considered injurious to people’s character.
News
Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
News
Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
News
Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.