Law Society wants judicial arm to bury the hatchet
The Law Society of Botswana (LSB) wants all stakeholders in the justice system to settle the incessant divisions and wars within the judiciary itself, and smoke a peace pipe.
Independents have been observing that the judiciary is in crisis following the contentious issues of alleged forum shopping, suspension of the four judges of the High Court, rejection to appoint a recommended candidate to the high court by President Lt. Gen. Seretse Khama Ian Khama, despite the Judicial Service Commission (JSC) advice among other issues.
When he took to the podium on Thursday during the opening of the legal year, Chairman of LSB, Kgalalelo Monthe, called on all the judicial stakeholders to bury the hatchet and turn a new page in the entire judiciary. “All of us individually and collectively, are not bigger than the nation that we all strive to serve and any failure to settle, the nation will require a full explanation as to what has accrued to it by reason of what has been reduced to a chess game. Surely, any ruffled feathers must have been soothed because time is a great healer,” Monthe told the audience in which Vice President, Mokgweetsi Masisi was present, sitting in for President Khama.
At the time, Khama was meeting his Zambian counterpart, Edgar Lungu in Kazungula. Monthe pointed out that it is crucial that the judicial partners reconcile while emphasizing that at the end there will be no heroes and villains nor victors and vanquished as all will be scarred and in instances permanently. While pointing out to a road of reconciliation he nonetheless explained what he termed has been the crisis engulfing the judiciary.
He gave an example with the matter of all the Judges, including those suspended, which he emphasised must be settled with each party retaining its integrity so that the judiciary can return to conditions of normalcy. He stated that: “the past two years can best be described as annus horribilis for the Botswana judiciary. Four judges of the High Court remain on suspension and fight to vindicate their rights in the High Court. We are now seven months shy of two years since the suspension.”
Appointment of judges is flawed
The LSB has always maintained that the appointment of judges is unsound. Monthe said over the years, the Society has called for a change in the manner in which Judges are appointed. He also mentioned that the Society has ongoing litigation with the Judicial Service Commission (JSC) on issues relating to its mandate.
“We have expressed concern that in such cases, it is either the Honourable Chief Justice Maruping Dibotelo, who is Chairman of the Commission, who empanels the bench to decide a matter in which he is a party. This practice is wholly unsatisfactory as it creates a perception of conflict of interest.”
Similarly, Monthe stated that the Society notes that in appeals, in which the Judicial Services Commission is a party, the Judge President who is a member of JSC, empanels the court to hear a matter despite being a party to it, which he said creates a perception of conflict of interest.
“However, the Society believes that Judges should be appointed on merit as well as integrity and suitability of character and temperament. Knowledge of the law, the balance of mind, the ability to brush aside the inessential and drive to the heart of a case are crucial,” Monthe pointed out.
LSB response to Ian Kirby on Separation of Powers
The LSB further took a swipe at Court of Appeal Judge President Ian Kirby, saying that the society suspected sinister motives of his comments made at the opening of the just ended session of the Court of Appeal. Kirby had at that time reflected his views on separation of powers and the role of the CoA.
“What value these comments, which did not seem to have any relevance brought, is anybody’s guess, but we do have our own suspicions. It is our ardent hope that whatever the intention was has not been achieved.” He noted that if the credibility of the Judiciary in Botswana is to be ensured, such episodes need to be avoided at all costs.
According to Monthe, the role of the CoA is to interpret the law in order to ensure clarity and certainty and not to provide a “stabilizing factor” as stated by Kirby. “This role as envisaged by the JP sends a somewhat chilling and sinister message to those who litigate against the Executive and Judges who preside over the matters,” he added.
Localization of the Court of Appeal bench
Monthe recalled that at the opening of the legal year in 2016, the Society made a point that in the dispensation of justice, the presiding officers of court must reflect the demographics of the society that they serve. Further, he said, the society noted and still notes that this remains a challenge not so much in the High Court as in the Court of Appeal; in that court, gender, race and age are disproportionate to the demographics of the country.
He said the Society was in making that statement, hauled over coals, and shamed as outcasts who were ill-mannered, racist and xenophobic. He added that the Executive was so agitated that a statement was immediately issued expressing the above sentiments and notifying the Society of an immediate embargo in relations.
Out of 10 Court of Appeal judges, native Justices are Isaac Lesetedi, Monametsi Gaongalelwe, and Michael Leburu. The remaining six are all white including one of Indian extraction (Appeal’s Justice Singh Walia) who has announced his retirement due in June. The other one is an Afrikaner being Appeal’s Justice Brand. The remaining ones are of Saxon extraction (Lord Abernathy, J.A Foxcroft, Lord Hamilton, J.A Howie and Kirby).
The chairman explained that the Society however still believes that it is only right and proper and in keeping with international standards, “that our Court of Appeal should reflect who we are and in so saying, it can hardly be said to be xenophobic and or racist in any manner”.
He said it is no longer in doubt that Judges make law and that Law is not an abstract science to the extent that Judges are influenced by their own values to reach a decision. “In that regard, the Court of Appeal judgments must necessarily reflect our hopes, aspirations and more. The jurisprudence coming from there must carry our desires as encapsulated in Vision 2016.”
He also said the current procedure for appointment of Justices of Appeal is one of secrecy and therefore not transparent. The secrecy, he said, leaves the society uniformed on the process and the qualities considered that makes a person suited to be a Judge of the Appeal.
Monthe stressed: “as a public institution, the Court of Appeal should not be immune from our vision of an enlightened, open, informed and transparent nation. The appointment of the Judges of the Appeal therefore ought to follow the established procedure for calling for the advertisement and for anyone interested, including and especially serving Judges of the High Court to apply.”
Delayed delivery of judgments
As over the years, the LSB said the Society has noted with concern delayed delivery of judgments. Despite assurance that all is well provided by the AOJ through statistics, he added that many legal practitioners, litigants and accused persons have a different story to tell.
“Matters under Certificate of Urgency and Summary Judgments sometimes have a judgment delivered more than a year after the proceedings were launched and arguments completed,” he asserted adding that this therefore defeats the purpose of both procedures to the detriment of litigants.
“The Society has therefore resolved to create measures to name Judges whose judgments are delayed beyond the 90 days from the time that the matter is concluded. The 90 days is a measure that the High Court has set for itself for delivery of judgments. The Society will publish details of the cases indicating dates when the matter was concluded as well as the name of the concerned Judge,” he further warned.
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19 Bokamoso Private Hospital nurses graduate at Lenmed Nursing College
The graduation of 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College marks a significant milestone in their careers. These nurses have successfully completed various short learning programs, including Adult Intensive Care Unit, Emergency Nursing Care, Anaesthetic & Recovery Room Nursing, Anaesthetic Nursing, and Recovery Room Nursing. The ceremony, held in Gaborone, was a testament to their hard work and dedication.
Lenmed Nursing College, a renowned healthcare group with a presence in South Africa, Botswana, Mozambique, and Ghana, has been instrumental in providing quality education and training to healthcare professionals. The Group Head of Operations, Jayesh Parshotam, emphasized the importance of upskilling nurses, who are at the forefront of healthcare systems. He also expressed his appreciation for the partnerships with Bokamoso Private Hospital, the Ministry of Health, and various health training institutes in Botswana.
Dr. Morrison Sinvula, a consultant from the Ministry of Health, commended Lenmed Health and Lenmed Nursing College for their commitment to the education and training of these exceptional nurses. He acknowledged their guidance, mentorship, and support in shaping the nurses’ careers and ensuring their success. Dr. Sinvula also reminded the graduates that education does not end here, as the field of healthcare is constantly evolving. He encouraged them to remain committed to lifelong learning and professional development, embracing new technologies and staying updated with the latest medical advancements.
Dr. Gontle Moleele, the Superintendent of Bokamoso Private Hospital, expressed her excitement and pride in the graduating class of 2023. She acknowledged the sacrifices made by these individuals, who have families and responsibilities, to ensure their graduation. Dr. Moleele also thanked Lenmed Nursing College for providing this opportunity to the hospital’s nurses, as it will contribute to the growth of the hospital.
The certificate recipients from Bokamoso Private Hospital were recognized for their outstanding achievements in their respective programs. Those who received the Cum Laude distinction in the Adult Intensive Care Unit program were Elton Keatlholwetse, Lebogang Kgokgonyane, Galaletsang Melamu, Pinkie Mokgosi, Ofentse Seboletswe, Gorata Basupi, Bareng Mosala, and Justice Senyarelo. In the Emergency Nursing Care program, Atlanang Moilwa, Bakwena Moilwa, Nathan Nhiwathiwa, Mogakolodi Lesarwe, Modisaotsile Thomas, and Lorato Matenje received the Cum Laude distinction. Kelebogile Dubula and Gaolatlhe Sentshwaraganye achieved Cum Laude in the Anaesthetic & Recovery Room Nursing program, while Keletso Basele excelled in the Anaesthetic Nursing program. Mompoloki Mokwaledi received recognition for completing the Recovery Room Nursing program.
In conclusion, the graduation of these 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College is a testament to their dedication and commitment to their profession. They have successfully completed various short learning programs, equipping them with the necessary skills and knowledge to excel in their respective fields. The collaboration between Lenmed Nursing College, Bokamoso Private Hospital, and the Ministry of Health has played a crucial role in their success. As they embark on their careers, these nurses are encouraged to continue their professional development and embrace new advancements in healthcare.
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BNF secures 15 constituencies in UDC coalition, wants more
The Botswana National Front (BNF) has recently announced that they have already secured 15 constituencies in the Umbrella for Democratic Change (UDC) coalition, despite ongoing negotiations. This revelation comes as the BNF expresses its dissatisfaction with the current government and its leadership.
The UDC, which is comprised of the BNF, Botswana Peoples Party (BPP), Alliance for Progressives (AP), and Botswana Patriotic Front (BPF), is preparing for the upcoming General Elections. However, the negotiations to allocate constituencies among the involved parties are still underway. Despite this, the BNF Chairman, Patrick Molotsi, confidently stated that they have already acquired 15 constituencies and are expecting to add more to their tally.
Molotsi’s statement reflects the BNF’s long-standing presence in many constituencies across Botswana. With a strong foothold in these areas, it is only natural for the BNF to seek an increase in the number of constituencies they represent. This move not only strengthens their position within the UDC coalition but also demonstrates their commitment to serving the interests of the people.
In a press conference, BNF Secretary General, Ketlhafile Motshegwa, expressed his discontent with the current government leadership. He criticized the ruling Botswana Democratic Party (BDP) for what he perceives as a disregard for the well-being of the Batswana people. Motshegwa highlighted issues such as high unemployment rates and shortages of essential medicines as evidence of the government’s failure to address the needs of its citizens.
The BNF’s dissatisfaction with the current government is a reflection of the growing discontent among the population. The Batswana people are increasingly frustrated with the lack of progress and the failure to address pressing issues. The BNF’s assertion that the government is playing with the lives of its citizens resonates with many who feel neglected and unheard.
The BNF’s acquisition of 15 constituencies, even before the negotiations have concluded, is a testament to their popularity and support among the people. It is a clear indication that the Batswana people are ready for change and are looking to the BNF to provide the leadership they desire.
As the negotiations continue, it is crucial for all parties involved to prioritize the interests of the people. The allocation of constituencies should be done in a fair and transparent manner, ensuring that the voices of all citizens are represented. The BNF’s success in securing constituencies should serve as a reminder to the other parties of the need to listen to the concerns and aspirations of the people they aim to represent.
In conclusion, the BNF’s acquisition of 15 constituencies, despite ongoing negotiations, highlights their strong presence and support among the Batswana people. Their dissatisfaction with the current government leadership reflects the growing discontent in the country. As the UDC coalition prepares for the upcoming General Elections, it is crucial for all parties to prioritize the needs and aspirations of the people. The BNF’s success should serve as a reminder of the importance of listening to the voices of the citizens and working towards a better future for Botswana.
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Children’s summit to discuss funding of NGOS
One of the key issues that will be discussed by the Childrens’ Summit, which will be hosted by Childline Botswana Trust on 28th – 30th November in Gaborone, will be the topical issue of financing and strengthening of civil society organizations.
A statement from Childline Botswana indicates that the summit will adopt a road map for resourcing the children’s agenda by funding organizations. It will also cover issues relating to child welfare and protection; aimed at mobilizing governments to further strengthen Child Helplines; as well as sharing of emerging technologies to enhance the protection of Children and promotion of their rights.
According to Gaone Chepete, Communications Officer at Childline Botswana, the overall objective of the summit is to provide a platform for dialogue and engagement towards promoting practices and policies that fulfil children’s rights and welfare.
“Child Helplines in the region meet on a bi-annual basis to reflect on the state of children; evaluate their contribution and share experiences and best practice in the provision of services for children,” said Chepete.
The financing of non-governmental organizations (NGOs) by the state or its functionaries has generated mixed reactions from within the civil society space, with many arguing that it threatened NGOs activism and operational independence.
In February 2019, University of Botswana academic Kenneth Dipholo released a paper titled “State philanthropy: The demise of charitable organizations in Botswana,” in which he faulted then President Lieutenant General Seretse Khama Ian Khama for using charity for political convenience and annexing the operational space of NGOs.
“Civil society is the domain in which individuals can exercise their rights as citizens and set limits to the power of the state. The state should be developing capable voluntary organizations rather than emaciating or colonizing them by usurping their space,” argued Dipholo.
He further argued that direct involvement of the state or state president in charity breeds unhealthy competition between the state itself and other organizations involved in charity. Under these circumstances, he added, the state will use charity work to remain relevant to the ordinary people and enhance its visibility at the expense of NGOs.
“A consequence of this arrangement is that charitable organizations will become affiliates of the state. This stifles innovation in the sense that it narrows the ability of charitable organizations to think outside the box. It also promotes mono-culturalism, as the state could support only charitable organizations that abide by its wishes,” said Dipholo.
In conclusion, Dipholo urged the state to focus on supporting NGOs so that they operate in a system that combines philanthropic work and state welfare programs.
He added that state philanthropy threatens to relegate and render charitable organizations virtually irrelevant and redundant unless they re-engineer themselves.
Another University of Botswana (UB) academic, Professor Zibani Maundeni, opined that politics vitally shape civil society interaction; as seen in the interactions between the two, where there is mutual criticism in each other’s presence.
Over the years, NGOs have found themselves grappling with dwindling financial resources as donors ran out of money in the face of increased competition for financing. Many NGOs have also been faulted for poorly managing their finances because of limited strategic planning and financial management expertise. This drove NGOs to look to government for funding; which fundamentally altered the relationships between the two. The end result was a complete change in the operational culture of NGOs, which diminished their social impact and made them even more fragile. Increased government control through contract clauses also reduced NGOs activism and autonomy.
However, others believe that NGOs and government need each other, especially in the provision of essential services like child welfare and protection. Speaking at the Civil Society Child Rights Convention in 2020, Assistant Minister of Local Government and Rural Development Setlhabelo Modukanele said government considers NGOs as critical partners in development.
“We recognize the role that NGOs play a critical role in the country’s development agenda,” said Modukanele.