Connect with us
Saturday, 02 December 2023

Govt coughs up P300 000 in negligence settlement


High Court Judge, Justice Leatile Dambe has ordered the Government of Botswana to pay out P300 000 as “compensation” for causing pain and suffering, disfigurement and permanent disability to a 7 month old girl.

It is understood that the minor Bokang Moso Annita Seleke from Mochudi who was represented by his mother Kenanao Seleke at court, lost the ring, middle and little fingers on the left hand caused by negligence of an anaesthetic nurse employed at Deborah Relief Memorial Hospital. The plaintiff’s cause of action was based on negligence on the part of the nurse who was at all material times an employee of government and was acting within the course and scope of his employment.

The child who was 7 months old at the time (2014) sustained harm as a result of breach on the part of the anaesthetic nurse. The nurse is said to have failed his duty to properly exercise or perform by observing ordinary degree of professional skill and diligence and therefore making solid ground for the mother of the child to successfully pursue the matter at court.

When delivering the settlement agreement at court this week, Justice Dambe ordered that “the first defendant (government) shall pay to the plaintiff an amount of P300 000.00 in lump sum as compensation as full and final payment in settlement of this legal suit.” The High Court Judge added that the payment as agreed shall be effected within a period of 30 calendar days from the date of the order.

She also highlighted that “the liability of all defendants to the plaintiff in respect of this legal suit shall be fully extinguished and discharged after payment is effected and that no further legal proceedings shall be open to the plaintiff with respect to the same cause of action constituting the subject of this suit.” The mother of the child had pointed out in court papers seen by Weekend Post that “she seeks on behalf of her minor child compensation for the pain and suffering, disfigurement and permanent disability of the child’s left hand and loss of earning capacity.”  

According to the affidavit of service seen by this reporter, on or about 14 March 2014 the mother took the child who was suffering from diarrhoea and had difficulty in breathing to the hospital. Upon arrival, it is understood that she was assisted by an anaesthetic nurse who in the course and scope of his employment inserted a cannula which is a small tube inserted into a vein as an entry point for medication or other fluids on the child’s left hand.

“The said nurse assistant struggled to locate the vein and made multiple attempts at inserting the cannula,” court papers point out. On the following morning it is said that the mother noticed that the child’s left hand had turned green and was swelling. The papers state that she then took the infant back to Deborah Retief Memorial Hospital for medical assistance, where the infant was sent on referral to Princess Marina Hospital where she was admitted on arrival.

“She was assisted by a doctor who made small incisions on the child’s hand to control the swelling, and further instructed that the child’s hand be held in a raised position to help with blood circulation.” It is understood that the child was subsequently released from Princess Marina Hospital on the 25th March 2014 as per client’s request. From the 26th March 2014 to the 23rd April 2014, she took the child back to Deborah Retief Memorial Hospital again for routine cleansing and dressing of the wound.

Later, on the 27th March 2014, having realized that the general condition of the hand was slowly deteriorating and that the little finger as well as the middle finger and the ring fingers had turned dry, the child was taken back to hospital. Court papers state that she then complained to the resident social worker at the hospital, about the general condition of the hand and inquired whether the hand would regain functionality. She was then referred to a physiotherapist and subsequently took the child for routine check-ups.

“As there was no sign of improvement on the condition of the hand, a recommendation was made for the child to undergo surgery to amputate the affected fingers. Following two consequent postponements of the surgery, the fingers fell off before the surgery could be performed on the set date.” According to an expert report, the child has now certain key deficits and limitations. “The child is unable to perform certain activities which require strength, being activities which should be lighter for her age group.”

The expert also mentioned that it can be expected that because of her physical challenges, the child may not be able to do certain jobs in future which will limit her career choices. “The child will need a proactive and preventive programme that includes professional child psychological assessment counselling. The need for these services will become greater in future when the child reaches her teenage years.”  

The plaintiff initially demanded 1.2 million as general damages for pain and suffering, loss of amenities of life and loss of earning capacity of a child. In addition the amount was also to increase so as to cater for special damages incurred as transport cost to Deborah Retief Memorial Hospital. The government was represented by the 1st defendant on behalf of the Attorney General Athaliah Molokomme with Permanent Secretary in the Ministry of Health and Wellness Shenaaz El-Halabi being the 2nd defendant and David Nthate, the nurse at Deborah Relief Memorial Hospital was the 3rd respondent.
The mother of the minor was represented by revered Gaborone based attorney Joram Matomela of JJ Matomela Attorneys.

Continue Reading


19 Bokamoso Private Hospital nurses graduate at Lenmed Nursing College

28th November 2023

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.

Continue Reading


BNF secures 15 constituencies in UDC coalition, wants more

28th November 2023

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.








Continue Reading


Children’s summit to discuss funding of NGOS

21st November 2023

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.

Continue Reading