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.
Here is how one Permanent Secretary encapsulates the clear tension between democracy and bureaucracy in Botswana: “President Mokgweetsi Masisi’s Government is behaving like a state surrounded with armed forces in order to capture it or force its surrender. The situation has turned so volatile, for tomorrow is not guaranteed for us top civil servants.
These are the painful results of a personalized civil service in our view as permanent secretaries”. Although his deduction of the situation may be summed as sour grapes because he is one of the ‘victims’ of the reshuffle, he is convinced this is a perfect description of the rationale behind frequent changes and transfers characterising the current civil service.
The result of it all, he said, is that “there is too much instability at managerial and strategic levels of the civil service leading to a noticeable directionless civil service.” He continued: “Changes and transfers are inevitable in the civil service, but to a permissible scale and frequency. Think of soccer team coach who changes and transfers his entire squad every month; you know the consequences?”
The Tsunami has hit hard at critical departments and Ministries leaving a strong wave of uncertainty, many demoralised and some jobless. In traditional approaches to public administration, democracy gives the goals; and bureaucracy delivers the technical efficiency required for implementation. But the recent moves in the civil service are indicative of conflicting imperatives – the notion of separation between politicians and administrators is becoming blurred by the day.
“Look at what happened to Prisons and BDF where second in command were overlooked for outsiders, and these are the people who had sacrificially served for donkey’s years hoping for a seat at the ladder’s end. The frequency of the changes, at times affecting the same Ministry or individual also demonstrates some level of ineptitude, clumsiness and lack of foresight from those in charge,” remarked the PS who added that their view is that the transfers are not related to anything but “settling scores, creating corruption opportunities and pushing out perceived dissident and former president, Ian Khama’s alleged loyalists and most of these transfers are said to be products of intelligence detection.”
Partly blaming Khama for the mess and his unwillingness to let go, the PS dismissed Masisi for falling to the trap and failing to outgrow the destructive tiff. “Khama is here to stay and the sooner Masisi comes to terms with the fact that he (Masisi) is the state President, the better. For a President to still be making these changes and transfers signals signs of a confused man who has not yet started rolling his roadmap, if at all it was ever there. I am saying this because any roadmap comes with key players and policies,” he concluded.
The Ministry of Health and Wellness seems to be the most hard-hit by the transfers, having experienced three Permanent Secretaries changes within a year and a half. Insiders say the changes have everything to do with the Ministry being the centre of COVID-19 tenders and economic opportunities. “The buck stops with the PS and no right-thinking PS can just allow glaring corruption under his watch as an accounting officer. Technocrats are generally law abiding, the pressure comes with politically appointed leaders racing against political terms to loot,” revealed a director in the Ministry preferring anonymity.
The latest transfer of Kabelo Ebineng she says was also motivated by his firm attitude against the President’s blue-eyed Task Team boys. “The Task Team wants to own the COVID-19 pandemic and government interventions and always cry foul when the Ministry reasserts itself as mandated by law,” said the director who added that Masisi who was always caught between the crossfire decided on sacrificing Ebineng to the joy of his team as they (Task Team) were in the habit of threatening to resign citing Ebineng as the problem.
Ebineng joins the Office of the President as a deputy Coordinator (government implementation and coordination office).The incoming PS is the soft-spoken Grace Muzila, known and described by her close associates as a conformist albeit knowledgeable.
One of the losers in the grand scheme is Thato Raphaka who many had seen as the next PSP because of his experience and calm demeanour following a declaration of interest in the Southern African Development Community (SADC) Secretary post by the current PSP, Elias Magosi.
But hardly ten months into his post, Raphaka has been transferred out to the National Strategy Office in what many see as a demotion of some sort. Other notable changes coming into OP are Pearl Ramokoka formerly with the Employment, Labour and Productivity Ministry coming in as a Permanent Secretary and Kgomotso Abi as director of Public Service Reforms.
One of the ousted senior officers in the Office of the President warned that there are no signs that the changes and transfers will stop anytime soon: “If you are observant you would have long noticed that the changes don’t only affect senior officers but government decisions as well. A decision is made today and the government backtracks on it within a week. Not only that, the President says this today, and his deputy denies it the following day in Parliament,” he warned.
Some observers have blamed the turmoil in the civil service partly to lack of accountable presidential advisers or kitchen cabinet properly schooled on matters of statecraft. They point out that politicians or those peripheral to them should refrain from hampering the technical and organizational activities of public managers – or else the party (reshuffling) won’t stop.
In the view expressed by some Permanent Secretaries, Elias Magosi, has not really been himself since joining the civil service; and has cut a picture of indifference in most critical engagements; the most notable been a permanent secretaries platform which he chairs. As things stand there is need to reconcile the imperatives of democracy and democracy in Botswana. Peace will rein only when public value should stand astride the fault that runs between politicians and public managers.
Former Permanent Secretary to the President, Carter Morupisi, is fighting for survival in a matter in which the State has charged him and his wife, Pinnie Morupisi, with corruption and money laundering.
Morupisi has joined a list of prominent figures that served in the previous administration and who have been accused of corruption during their tenure in office. While others have been emerging victorious, Morupisi is yet to find that luck. The High Court recently dismissed his no case to answer application.
United States President, Joe Biden, is faced with a decision to make relating to the Covid-19 vaccine intellectual property after 175 former world leaders and Nobel laurates joined the campaign urging the US to take “urgent action” to suspend intellectual property rights for Covid-19 vaccines to help boost global inoculation rates.
According to the world leaders, doing so would allow developing countries to make their own copies of the vaccines that have been developed by pharmaceutical companies without fear of being sued for intellectual property infringements.
“A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly,” the signatories, comprising more than 100 Nobel prize-winners and over 70 former world leaders, wrote in a letter to US President Joe Biden, according to Financial Times.
A measure to allow countries to temporarily override patent rights for Covid related medical products was proposed at the World Trade Organization by India and South Africa in October, and has since been backed by nearly 60 countries.
Former leaders who signed the letter included Gordon Brown, former UK Prime Minister; François Hollande, former French President; Mikhail Gorbachev, former President of the USSR; and Yves Leterme, former Belgian Prime Minister.
In their official communication, South Africa and India said: “As new diagnostics, therapeutics and vaccines for Covid-19 are developed, there are significant concerns [about] how these will be made available promptly, in sufficient quantities and at affordable prices to meet global demand.”
While developed countries have been able to secure enough vaccine to inoculate their citizens, developing countries such as Botswana are struggling to source enough to swiftly vaccine their citizens, something which world leaders believe it would work against global recovery therefore proving counter-productive.
Since the availability of vaccines, Botswana has been able to secure only 60 000 doses of vaccines, 30 000 as donation as from the Indian government, while the other 30 000 was sourced through COVAX facility. Canada, has pre-ordered vaccines in surplus and it will be able to vaccinate each of its citizens six times over. In the UK and US, it is four vaccines per person; and two each in the EU and Australia.
For vaccines produced in Europe, developing countries are forced to pay double what European countries are paying, making it more expensive for already financially struggling economies. European countries however justify the price of vaccines and that they deserve to buy them cheap since they contributed in their development.
It is evident that vaccines cannot be made available immediately to all countries worldwide with wealthy economies being the only success story in that regard, something that has been referred to as a “catastrophic moral failure”, head of the World Health Organisation (WHO), Tedros Adhanom Ghebreyesus.
The challenge facing developing countries is not only the price, but also the capacity of vaccine manufactures to be able to do so to meet global demand within a short time. The proposal for a patent waiver by India and South Africa has been rejected by developed countries, known for hosting the world leading pharmaceutical companies such US, European Union, the United Kingdom, and Switzerland.
According to the Financial Times, US business groups including pharmaceutical industry representatives, have urged Biden to resist supporting a waiver to IP rules at the WTO, arguing that the proposal led by India and South Africa was too “vague” and “broad”.
The individuals who signed the letter, including Nobel laureates in economics as well as from across the arts and sciences, warned that inequitable vaccine access would impact the global economy and prevent it from recovering.
“The world saw unprecedented development of safe and effective vaccines, in major part thanks to US public investment,” the group wrote. “We all welcome that vaccination rollout in the US and many wealthier countries is bringing hope to their citizens.”
“Yet for the majority of the world that same hope is yet to be seen. New waves of suffering are now rising across the globe. Our global economy cannot rebuild if it remains vulnerable to this virus.” The group warned that fully enforcing IP was “self-defeating for the US” as it hindered global vaccination efforts. “Given artificial global supply shortages, the US economy already risks losing $1.3tn in gross domestic product this year.”