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Defending and Preserving Workers’ Agenda in the Midst of Repressive Laws

JUSTICE KEY DINGAKE

Permit me to express my sincere gratitude to the organizers of this event, for the opportunity to share some critical reflections with you consistent with your theme, namely,” Defending and preserving Workers Agenda in the Midst of Repressive Laws”.

It is not quite often that a judge of the Republic interacts with organized labour in the manner afforded by this opportunity as quite often we meet in adversarial circumstances in which the engagement is mediated by hierarchical power relations and other antagonistic relationships.

 

And since you are part of the executive, in a constitutional sense, I wondered whether my presence here does not violate the separation of powers that enjoins me to keep to my lane and and not to trespass into your lane. I am certain though that this intellectual moment we share does no violence to the principle of separation of powers.

 

I must begin the substantive engagement with your theme by problematizing labour relations in the public service so that you appreciate the space you occupy and operate in.  Labour relations in the public service is not the same as with the private sector.

 

Herein lies the distinction: First, the state is in the unique position of being both the employer and a chief determinant of national economic and social policies which policies may directly impact on employment matters.

 

This raises the issue of the government as an employer being in some way a judge in its own cause. Secondly, workers in government discharge services which have serious impact on members of the public generally, hence the very apt description as members of the public service and the Act that regulates your operations, styled, “Public Service Act”.

The consequence of the above is that unlike contracts of employment in the private sector, the failure of the state to deliver requisite and proper services to the public raises both political and economic questions.

Thirdly, salaries and wages payable to government employees, are a component of national budget, which in all democracies require the approval of the elected legislature. This raises grave constitutional questions, namely, to what extent should the legislature be bound by prior commitments by the executive arm of the government to award certain salary increases? And more fundamentally, how far should organized labour like BOPEU be permitted to exert pressure on a democratically legislature, or the executive  to extract certain concessions?

 

Your theme seems to suggest that you hold the view that labour laws in Botswana may be repressive making it difficult for you to defend worker’s rights. I make no findings of fact on the state of labour law; but wish to remind you that Botswana is a constitutional democracy in terms of which the constitution is the supreme law of the land and any law inconsistent with it may be declared by our courts to be constitutionally non compliant and therefore invalid.

 

In engaging on your theme, it seems to me to be imperative, to bring on board certain relevant contextual considerations that illuminate our conversation. To this extent it is important  to recall  and remind ourselves of the historic Declaration of Philadelphia that sets out the aims and purposes of the International Labour Organization. The Declaration proclaims, among other things that:

“ Labour is not a commodity; freedom of expression and association are essential to sustained progress; poverty anywhere constitutes a danger to prosperity anywhere; the war against want requires to be carried out with unrelenting vigor within each nation, and by continuous and concerted international effort in which the representative of workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view to promotion of the common welfare”.

 

The lessons of history and indeed the lessons derived from the Declaration, that none amongst us gathered here, today,  can credibly contest, is that lasting peace, development and social justice can not be achieved in any society if labour is still regarded as a commodity and deserving to be chained and repressed.

 

All human beings, (and workers are no less human beings), have a right to pursue their rights to work under conditions of freedom and dignity, characterized by mutual respect and openness, economic security and equal opportunity.

 

This can only be so if organized labour is regarded as an equal partner in economic development agenda. We need, as a nation, to engage in transformational dialogue in which organized labour, employers and government can genuinely see each other as equals in the development project of our republic.

 

Trade Unions exist for one primary purpose: to articulate and defend the interests of the workers. Historically, the attitude of the law to trade unions was one of hostility. They were regarded not as equal partners but some kind of conspiratorial group whose interests are inimical to that of the nation state.

 

This thinking, to the extent that some remnants of it may still be found in our statute books need to be discarded in favour of the new thinking that regards organized labour as a genuine partner in development. Our labour law must mirror the values of human dignity and freedom reflected in the letter and spirit of our constitution and international legal instruments which Botswana as a member of civilized community of nations has ratified – thereby signalling its desire to live by those principles.

 

Labour law is a sensitive subject; it is located at an intersection between, economics, politics and law. It is a compromise  between organized labour – a very powerful socio-economic force and the employers of labour, on the other hand; an equally powerful socio-economic force.

 

The balance between the two is delicate; and if not handled with care it can destabilize and derail the development agenda of the country. The courts are custodians of this delicate balance – and they miss the delicacy at a great cost to the nation.

 

No area of Botswana labour law has developed as rapidly in the past decade or so as the one regulating the relationship between organized labour and employers. This rapid development was fuelled by Botswana’s domestication  of a number of the ILO core conventions in 2004 such as Labour Relations (Public Service) Convention, Freedom of Association and the Protection of the Right to Organize Convention, and the Right to Organize and Collective Bargaining Convention.

 

The above Conventions seek to ensure that the rights of workers to form their own organizations, to defend their interests, to freely associate and bargain collectively are respected in practice; because labour is not a commodity. The right to strike which is recognised by international labour law is an important aspect of the right to collective bargaining.

 

The Committee on Freedom of Association has in the past observed that:

“The right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests”.

The right to strike is not expressly recognized in the constitution, but is statutorily available, subject to conditions stated therein. It is generally accepted that such a right may be restricted with respect to essential services.

 

The right to strike often goes together with the right to lock out by employers. There is a debate whether the two rights enjoy equal weighting. The South African Constitutional Court gives the right to strike more weight than the right to lock out, because in the view of the court, “ Collective bargaining is based on the recognition of the fact that employers enjoy greater social and economic power than individual workers”.

 

It was stated in the South African case of Metal and Electrical Workers Union of South Africa v National Panasonic Union ,  1991(12) ILJ 533, per Conrandie J, that:

“ A strike is like a boxing match. The opponent tries within the rules to hurt the other as much as possible. There is a referee to see that the rules are observed. The Court is the referee. It does not intervene simply because one of the opponents is being hurt – that is the idea of the contest.

 

The referee may intervene when one of them is struck a blow below the belt – the parties to an an industrial contest take time and trouble to shape up their fight, there are all kinds of things which they are expected to do before they are permitted to enter the ring”.

 

On the matter of restriction of the right to strike with respect to essential services, Convention 87 confines, “ essential services for the purpose of limiting the right to strike to “ services the interruption of which would endanger life, personal safety or the health of part of or the whole of the population”. This view has been repeated on many occasions by the ILO Committee of Experts on the Application of Convention 87.

 

The jurisprudence of the Committee of Experts and writtings of labour law scholars often stress that to be compatible with fundamental right to collective bargaining by employees, essential services are to be given a strict and narrow meaning.

 

Earlier, I indicated that we are a constitutional democracy governed by a supreme constitution that entrenches the values of freedom, anti-discrimination  and human dignity. Parliament is enjoined, in fact, instructed by the constitution, to pass laws for the good order and government of the republic.

 

They are not permitted to pass laws as they please; laws  that may offend the constitution. Where statutory law is vague or unclear it must be interpreted in a manner that will give effect to the Constitution and where appropriate international law.

 

The Industrial Court understands the sensitivity of labour law that I earlier spoke of. In interpreting and applying statute law it has sought to ensure that its decisions, are fair and informed by international labour law. The understanding being that the ultimate objective of law is the welfare of society.

 

In its decisions the industrial court has always insisted that any dismissal of an employee, post probation, must be procedurally and substantively fair. In terms of the jurisprudence of the industrial court no employee can be dismissed at the whims and caprices of the employer without a valid reason. This jurisprudence has contributed to job security. In consequence of this jurisprudence our industrial court is held high esteem by other labour courts across the world and the international labour organization.

 

Any jurisprudence to the contrary; and that pays lip service to job security runs counter to the celebrated jurisprudence of the Industrial court as I have sought to indicate. Perhaps in order to ensure consistent jurisprudence on matters impacting on job security at the work place, it has become important to revisit the idea of the Labour Appeals Court that is constituted by experts in the field; experts that fully understand and appreciate the precise location of labour law at the intersection I earlier spoke of and the delicacy of labour law; and more importantly its role as an enabler of economic development. Labour must assist in ensuring that labour is productive and is not demotivated unnecessarily.

 

It is important that trade unions appreciate the nature and essence of law so that that they don’t regard law as the magic wand to resolve their problems and then overburden the courts with matters that can be resolved by stakeholders; and use courts only as a last resort.

 

There is always a danger that the courts’ credibility as impartial arbiters may suffer when the courts are used as sites of struggle in high profile polycentric cases whose resolution is not entirely dependent on textual provisions of the law, but rather on value judgements of the justices of the court.

 

As unions your main asset is the strength of your organizations; your ability to organize, defend and protect your interests. You need to understand and appreciate that law is a technique for the regulation of power. This is true of labour law. Power – the capacity effectively to direct the behaviour of others – is unevenly distributed – in all societies.

 

The power to make and enforce laws is social power. This power rests on many foundations, it may be based on prestige, dominance, wealth and ability to organise. The latter is the source of your power.

In short, as my revered brother and friend Justice Dikgang Moseneke, formerly the Deputy chief Justice of South Africa, and recently retired, would say: “You are your own liberators”. Lawyers and other experts may assist, but ultimately, you are your own liberators.

 

In pursuing your demands on what you consider due to you; you must be reasonable, rational and fair. You must refrain from making demands that are irrational and are not justifiable. Your demands must always be evidence driven. Nothing should be given that cannot be justified. Similarly, your employers must justify all its positions on the basis of evidence, and nothing less.

 

The culture of justification is part and parcel of a constitutional state ruled in accordance with the constitution, not the whims and caprices of anyone.

You must do nothing that contravenes the law; especially, the spirit and text of the constitution. Similarly government as the employer must do so; the latter, arguably having a heavier duty to lead by example; because disobedience of the law on its part amounts to saying to the populace that it is fine to disobey the law.

 

In the recent past BOPEU has been hailed as the union of choice by its members; it has been at the forefront of advancing and securing diverse range of benefits, maintaining and improving the living and working conditions of workers’ in Botswana and regulating the relations between workers and employers. Indeed it is true that a successful union is one that is internally strong that it may be effective in protecting the interests of workers.

 

However, history has shown us that the success of unions also lie with their relationship, rapport and liaison with employers as equal partners at the table. Sadly, it has become more evident that there are opposing forces between the workers’ and employers on the subject of Unions and various labour laws.

 

Often at times, employers the world over, have tended to adopt adversarial attitude towards Trade Unions, resisting Unions for the same reasons that workers desire them. As we celebrate fifty years of self-rule this attitude can and should no longer stand if we are to build a Botswana for all in which its economic success will be based on workers as the drivers of the economy.  

 

Our economy will not advance if we don’t take care of the welfare of those who create the country’s wealth, the workers. To this extent, workers need a living wage and not so much minimum wage. A minimum wage is about setting a wage floor under which no worker can earn.

 

A living wage on the other hand is the minimum income that necessary for a worker to meet his needs and that of his or her family. The scales of justice needs to be delicately balanced so that the wage regime does not in anyway imperil the development of the country. Slave wages are known undermine economic growth.

 

Mr President, I urge you to pay attention, to the matter of decent of decent work as defined by the ILO. The decent work agenda focusses on job creation, rights at work, social protection and social dialogue, with gender equality. The term decent work is promoted through the Decent Agenda and was coined by the Director General of the International Labour Organization (ILO), Mr. Juan Somavia in 1999, who defined decent work as

 

 “productive work in which rights are protected, which generates an adequate income with adequate social protection. It marks the high road to economic and social development, a road in which employment, income and social protection can be achieved without compromising workers’ rights and sound standards” The ILO is also committed to promoting policies on wages and incomes that ensure a just share for all.

 

I must conclude my reflections by urging all stakeholders in the labour relations to work together as equal partners in the interest of our country. A motivated and hard working workforce is in the interest of the country. The workforce must engage with the employer with respect and their demands must be evidence based. Similarly, the government response or position must be evidence based.

 

Trade Unions are critical in maintaining workplace stability. A motivated public service tends to render high quality service to the public. In a properly functioning democracy no law should offend the values of freedom, human dignity and non discrimination. In our constitutional state, the above values define who we are as a people.

 

Speech by Professor Justice Oagile Bethuel Key Dingake Judge of the High Court (Botswana); Judge of Residual Special Court (Sierra Leone) at the BOPEU NEC congress in Francistown

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The Corona Coronation (Part 10)

9th July 2020

Ever heard of a 666-type beast known as Fort Detrick?

Located in the US state of Maryland, about 80 km removed from Washington DC, Fort Detrick houses the US army’s top virus research laboratory. It has been identified as “home to the US Army Medical Research and Materiel Command, with its bio-defense agency, the US Army Medical Research Institute of Infectious Diseases, and  also hosts the National Cancer Institute-Frederick and the National Interagency Confederation for Biological Research and National Interagency Biodefense Campus”.

The 490-hectare campus researches the world’s deadliest pathogens, including Anthrax (in 1944, the Roosevelt administration ordered 1 million anthrax bombs from Fort Detrick), Ebola, smallpox, and … you guessed right: coronaviruses.  The facility, which carries out paid research projects for government agencies (including the CIA), universities and drug companies most of whom owned by the highly sinister military-industrial complex, employs 900 people.

Between 1945 and 1969, the sprawling complex (which has since become the US’s ”bio-defence centre” to put it mildly) was the hub of the US biological weapons programme. It was at Fort Detrick that Project MK Ultra, a top-secret CIA quest to subject   the human mind to routine robotic manipulation, a monstrosity the CIA openly owned up to in a congressional inquisition in 1975, was carried out.  In the consequent experiments, the guinea pigs comprised not only of people of the forgotten corner of America – inmates, prostitutes and the homeless but also prisoners of war and even regular US servicemen.

These unwitting participants underwent up to a 20-year-long ordeal of barbarous experiments involving psychoactive drugs (such as LSD), forced electroshocks, physical and sexual abuses, as well as a myriad of other torments. The experiments not only violated international law, but also the CIA’s own charter which forbids domestic activities. Over 180 doctors and researchers took part in these horrendous experiments and this in a country which touts itself as the most civilised on the globe!

Was the coronavirus actually manufactured at Fort Detrick (like HIV as I shall demonstrate at the appropriate time) and simply tactfully patented to other equally cacodemonic places such as the Wuhan Institute of Virology in China?

THE FORT DETRICK SCIENTISTS’ PROPHECY WAS WELL-INFORMED

 

About two years before the term novel coronavirus became a familiar feature in day-to-day banter, two scientist cryptically served advance warning of its imminence. They were Allison Totura and Sina Bavari, both researchers at Fort Detrick.

The two scientists talked of “novel highly pathogenic coronaviruses that may emerge from animal reservoir hosts”, adding, “These coronaviruses may have the potential to cause devastating pandemics due to unique features in virus biology including rapid viral replication, broad host range, cross-species transmission, person-to-person transmission, and lack of herd immunity in human populations  Associated with novel respiratory syndromes, they move from person-to-person via close contact and can result in high morbidity and mortality caused by the progression to acute respiratory distress syndrome (ARDS).”

All the above constitute some of the documented attributes and characteristics of the virus presently on the loose – the propagator of Covid-19. A recent clinical review of Covid-19 in The Economist seemed to bear out this prognostication when it said, “It is ARDS that sees people rushed to intensive-care units and put on ventilators”. As if sounding forth a veritable prophecy, the two scientists besought governments to start working on counter-measures there and then that could be “effective against such a virus”.

Well, it was not by sheer happenstance that Tortura and Bavari turned out to have been so incredibly and ominously prescient. They had it on good authority, having witnessed at ringside what the virus was capable of in the context of their own laboratory.  The gory scenario they painted for us came not from secondary sources but from the proverbial horse’s mouth folks.

CDC’S RECKLESS ADMISSION

In March this year, Robert Redfield, the US  Director for the Centre for Disease Control and Prevention (CDC),  told the House of Representatives’ Oversight Committee that it had transpired that some members of the American populace  who were certified as having died of influenza  turned out to have harboured the novel coronavirus per posthumous analysis of their tissue.

Redfield was not pressed to elaborate but the message was loud and clear – Covid-19 had been doing the rounds in the US much earlier than it was generally supposed and that the extent to which it was mistaken for flu was by far much more commonplace than was openly admitted. An outspoken Chinese diplomat, Zhao Lijian, seized on this rather casual revelation and insisted that the US disclose further information, exercise transparency on coronavirus cases and provide an explanation to the public.

But that was not all the beef Zhao had with the US. He further charged that the coronavirus was possibly transplanted to China by the US: whether inadvertently or by deliberate design he did not say.  Zhao pointed to the Military World Games of October 2019, in which US army representatives took part, as the context in which the coronavirus irrupted into China. Did the allegation ring hollow or there was a ring of truth to it?

THE BENASSIE FACTOR

The Military World Games, an Olympic-style spectrum of competitive action, are held every four years. The 2019 episode took place in Wuhan, China. The 7th such, the games ran from October 18 to October 27.  The US contingent comprised of 17 teams of over 280 athletes, plus an innumerable other staff members. Altogether, over 9000 athletes from 110 countries were on hand to showcase their athletic mettle in more than 27 sports. All NATO countries were present, with Africa on its part represented by 30 countries who included Botswana, Egypt, Kenya, Zambia, and Zimbabwe.

Besides the singular number of participants, the event notched up a whole array of firsts. One report spelt them out thus: “The first time the games were staged outside of military bases, the first time the games were all held in the same city, the first time an Athletes’ Village was constructed, the first time TV and VR systems were powered by 5G telecom technology, and the first use of all-round volunteer services for each delegation.”

Now, here is the clincher: the location of the guest house for the US team was located in the immediate neighbourhood of the Wuhan Seafood Market, the place the Chinese authorities to this day contend was the diffusion point of the coronavirus. But there is more: according to some reports, the person who allegedly but unwittingly transmitted the virus to the people milling about the market – Patient Zero of Covid-19 – was one Maatie Benassie.

Benassie, 52, is a security officer of Sergeant First Class rank at the Fort Belvoir military base in Virginia and took part in the 50-mile cycling road race in the same competitions. In the final lap, she was accidentally knocked down by a fellow contestant and sustained a fractured rib and a concussion though she soldiered on and completed the race with the agonising adversity.  Inevitably, she saw a bit of time in a local health facility.   According to information dug up by George Webb, an investigative journalist based in Washington DC,     Benassie would later test positive for Covid-19 at the Fort Belvoir Community Hospital.

Incidentally, Benassie apparently passed on the virus to other US soldiers at the games, who were hospitalised right there in China before they were airlifted back to the US. The US government straightaway prohibited the publicising of details on the matter under the time-honoured excuse of “national security interests”, which raised eyebrows as a matter-of-course. As if that was not fishy enough, the US out of the blue tightened Chinese visas to the US at the conclusion of the games.

The rest, as they say, is history: two months later, Covid-19 had taken hold on China territory.  “From that date onwards,” said one report, “one to five new cases were reported each day. By December 15, the total number of infections stood at 27 — the first double-digit daily rise was reported on December 17 — and by December 20, the total number of confirmed cases had reached 60.”

TWO CURIOUS RESEARCH HALTINGS

Is it a coincidence that all the US soldiers who fell ill at the Wuhan games did their preparatory training at the Fort Belvoir military base, only a 15-minutes’  drive from Fort Detrick?

That Fort Detrick is a plain-sight perpetrator of pathogenic evils is evidenced by a number of highly suspicious happenings concerning it. Remember the 2001 anthrax mailing attacks on government and media houses which killed five people right on US territory? The two principal suspects who puzzlingly were never charged, worked as microbiologists at Fort Detrick. Of the two, Bruce Ivins, who was the more culpable, died in 2008 of “suicide”. For “suicide”, read “elimination”, probably because he was in the process of spilling the beans and therefore cast the US government in a stigmatically diabolical light. Indeed, the following year, all research projects at Fort Detrick were suspended on grounds that the institute was “storing pathogens not listed   in its database”. The real truth was likely much more reprehensible.

In 2014, there was a mini local pandemic in the US which killed thousands of people and which the mainstream media were not gutsy enough to report. It arose following the weaponisation at Fort Detrick of the H7N9 virus, prompting the Obama administration to at once declare a moratorium on the research and withdraw funding.

The Trump administration, however, which has a pathological fixation on undoing practically all the good Obama did, reinstated the research under new rigorous guidelines in 2017. But since old habits die hard, the new guidelines were flouted at will, leading to another shutdown of the whole research gamut at the institute in August 2019.  This, nonetheless, was not wholesale as other areas of research, such as experiments to make bird flu more transmissible and which had begun in 2012, proceeded apace. As one commentator pointedly wondered aloud, was it really necessary to study how to make H5N1, which causes a type of bird flu with an eye-popping mortality rate, more transmissible?

Consistent with its character, the CDC was not prepared to furnish particulars upon issuing the cease and desist order, citing “national security reasons”. Could the real reason have been the manufacture of the novel coronavirus courtesy of a tip-off by the more scrupulous scientists?

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Masisi faces ultimate test of his presidency

9th July 2020

President Mokgweetsi Masisi may have breathed a huge sigh of relief when he emerged victorious in last year’s 2019 general elections, but the ultimate test of his presidency has only just begun.

From COVID-19 pandemic effects; disenchanted unemployed youth, deteriorating diplomatic relations with neighbouring South Africa as well as emerging instability within the ruling party — Masisi has a lot to resolve in the next few years.

Last week we started an unwanted cold war with Botswana’s main trade partner, South Africa, in what we consider an ill-conceived move. Never, in the history of this country has Botswana shown South Africa a cold shoulder – particularly since the fall of the apartheid regime.

It is without a doubt that our country’s survival depends on having good relations with South Africa. As the Chairperson of African National Congress (ANC), Gwede Mantashe once said, a good relationship between Botswana and South Africa is not optional but necessary.

No matter how aggrieved we feel, we should never engage in a diplomatic war — with due respect to other neighbours— with South Africa. We will never gain anything from starting a diplomatic war with South Africa.

In fact, doing so will imperil our economy, given that majority of businesses in the retail sector and services sector are South African companies.

Former cabinet minister and Phakalane Estates proprietor, David Magang once opined that Botswana’s poor manufacturing sector and importation of more than 80 percent of the foodstuffs from South Africa, effectively renders Botswana a neo-colony of the former.

Magang’s statement may look demeaning, but that is the truth, and all sorts of examples can be produced to support that. Perhaps it is time to realise that as a nation, we are not independent enough to behave the way we do. And for God’s sake, we are a landlocked country!

Recently, the effects of COVID-19 have exposed the fragility of our economy; the devastating pleas of the unemployed and the uncertainty of the future. Botswana’s two mainstay source of income; diamonds and tourism have been hit hard. Going forward, there is a need to chart a new pathway, and surely it is not an easy task.

The ground is becoming fertile for uprisings that are not desirable in any country. That the government has not responded positively to the rising unemployment challenge is the truth, and very soon as a nation we will wake up to this reality.

The magnitude of the problem is so serious that citizens are running out of patience. The government on the other hand has not done much to instil confidence by assuring the populace that there is a plan.

The general feeling is that, not much will change, hence some sections of the society, will try to use other means to ensure that their demands are taken into consideration. Botswana might have enjoyed peace and stability in the past, but there is guarantee that, under the current circumstances, the status quo will be maintained.

It is evident that, increasingly, indigenous citizens are becoming resentful of naturalised and other foreign nationals. Many believe naturalised citizens, especially those of Indian origin, are the major beneficiaries in the economy, while the rest of the society is side-lined.

The resentfulness is likely to intensify going forward. We needed not to be heading in this direction. We needed not to be racist in our approach but when the pleas of the large section of the society are ignored, this is bound to happen.

It is should be the intention of every government that seeks to strive on non-racialism to ensure that there is shared prosperity. Share prosperity is the only way to make people of different races in one society to embrace each other, however, we have failed in this respect.

Masisi’s task goes beyond just delivering jobs and building a nation that we all desire, but he also has an immediate task of achieving stability within his own party. The matter is so serious that, there are threats of defection by a number of MPs, and if he does not arrest this, his government may collapse before completing the five year mandate.

The problems extend to the party itself, where Masisi found himself at war with his Secretary General, Mpho Balopi. The war is not just the fight for Central Committee position, but forms part of the succession plan.

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The Corona Coronation (Part 9)

29th June 2020
Michael Mellaham

If we are to go by what I can term as conventional wisdom, the coronavirus arose in China’s Hubei province in the city of Wuhan. According to the WHO, the Chinese government filed the country’s first confirmed Covid-19 case with the international health regulator on December 8, 2019, with the first case outside of China’s boarders reported in Thailand on January 13, 2020.

We now know, however, courtesy of a paper in The Lancet that was authored by doctors from Wuhan’s Jinhintan Hospital, that the first such case was logged on December 1. We have also come to learn that in point of fact, the first patient, the so-called Patient Zero, may have presented with the as yet unfathomed Covid-9 symptoms in a public health facility on November 17. This is according to a report in the South China Morning Post, which claims to have seen classified medical government reports.

The Post report says nine cases of Covid-19 sufferers, aged between 39 and 79, were attended to during the month of November alone and that a total of 266 people officially had the disease by December 31st. Clearly, the disease had been sedately circulating for some time before it exploded towards the end of the year considering that a great number of people do not present symptoms at all.

Yet the fact the disease was first announced in China and even laboratory-spawned in that country does not necessarily mean China was its veritable place of origin. It almost certainly had multiple origins and may have occurred much earlier in other places on the globe.

AMERICA’S FLU ILLNESS TSUNAMI

Unbeknownst to much of the world, Covid-19 struck in Europe and the USA about the same time it did so in China, if not much earlier, it has now emerged. This is not tabloid hogwash or simply idle gossip folks: it was reported by the highly estimable news outlets such as NBC News and The New York Times. Even Newsweek, which along with Time magazine constitute America’s leading two weekly political magazines, was adamant that the coronavirus outbreak must have occurred as early as September 2019 and that Wuhan was possibly not its birthplace as such. For some reason (or is it for partisan reasons?), the globally renowned broadcast media networks like CNN, BBC, and Sky News have chosen to self-gag on the matter.

If there’s one disease which is so notoriously recurrent and even death-dealing in the US, it is influenza – commonly referred to as the flu or common cold. Here in Africa, flu is no much of a big deal: it is so mild I personally do not know – nor have ever heard of – a single one person who died of flu. In the US, flu is some menace. For instance, in the 2017-18 season, over 61,000 deaths were linked to flu, and in the 2018-19 season, 34,200 succumbed to the disease. Every year, 10 percent of the US population, or 32 million people, contract flu, though only about 100,000 end up being hospitalised anyway.

In the US, the flu season ordinarily runs from October to May, straddling three of the country’s four-season set, namely fall (September to November), winter (December to February), and spring (March to May). The disease is particularly widespread in 16 states. Last year, the winter flu season began atypically early and with a big bang that had never been seen in 15 years according to a December 6, 2019 report by Associated Press (AP), a wire news agency. By the beginning of December or thereabouts, 1.7 million flu illnesses, 16,000 hospitalisations, and 900 flu-related deaths had taken place.

The Centre for Disease Control & Prevention (CDC) put the number of people already dead from flu-related illnesses as of mid-March 2019 at between 29,000 and 59,000. This was in addition to the misery of hundreds of thousands of flu-related hospitalisations and millions of medical visits for flu symptoms that have raged in the course of the season. Some hospitals in New Orleans have reported the busiest patient traffic ever at their emergency departments.

Health authorities in Louisiana, which was the first to be impinged, said flu-like illnesses began to rocket in the month of October. Said the AP report: “There are different types of flu viruses, and the one causing illnesses in most parts of the country is a surprise.” Dave Osthus, a flu statistician at the Los Alamos National Laboratory, was quoted as saying, “This could be a precursor to something pretty bad. But we don’t know what that is.”
Well, maybe we can venture an answer to the conundrum: the flu situation was exacerbated by the coronavirus.

THE CASE OF A NEW JERSEY MAYOR

The story of Michael Mellaham, the mayor of the New Jersey city of Belleville, has been widely reported in the Western world, albeit in the comparatively fringe media houses primarily lest the finger of indictment shift from China to the US. Sometime in November last year, Mellaham came down with an ailment that presented with Covid-19-like symptoms such as aches, high fevers, chills, and a sore throat, the latter of which went on for a full month.
Right at the onset of his diseased condition, Mellaham went to see his doctor, who told him not to worry as it was little more than flu and would peter out in a matter of days. The illness lingered for much longer though he at long last fought it off. It was the sickest he had ever been in his adult life.

In April this year, Mellaham took a Covid-19 test and he was found not with Covid-19 per se but its antibodies, which crystal-clearly evinced he had the disease at some stage in the recent past. This is what he told China Global Television Network (CGTN) in May: “We’re told that they (people with Covid-19-like symptoms) don’t have the flu. They just have bronchitis. They just have a bad cough or it’s a bad cold. I think that we just weren’t expecting Covid-19 then, so therefore the doctors didn’t know what to call it or what to expect.”

Of the credibility of the test he took, known as IgM (Immunoglobulin M Test), the first antibody a body makes when it fights a new infection, Mellaham said, “The IgM is the more recent antibody, which would have shown that that antibody is more recent in my system, that my body more recently fought the coronavirus.”

The first publicly admitted case of coronavirus-triggered morbidity in the US was announced in January this year and involved a Californian who had recently returned from Wuhan, but as Mellaham pointedly put it, “that doesn’t mean it wasn’t here (on US soil) before that”.

SUDDENLY “MANY PIXELS”

On May 7, 2020, The New York Times reported of two men aged 57 and 69 who died in their homes in Santa Clara, California, on February 6 and 17 respectively, and this was 23 days before the US announced its first Covid-19 fatality in Kirkland, Washington, on February 29. Their demise was attributed to flu post-mortem but it later emerged that they had been victims of the novel coronavirus. Since they had never travelled outside their community for years, they must have contracted the disease within the locality.

The Santa Clara county’s chief medical office Sarah Cody said the deaths of the two was probably the tip of the iceberg of unknown size. Dr Jeffrey Smith, the Santa Clara county executive, he too a medical doctor, opined that the coronavirus must have been spreading in California unrecognised for a long time now.

Indeed, if we take stock of the fact that passengers on board the Grand Princess cruise ship, which departed California on February 11, developed Covid-19 whilst on board, the odds certainly are that Covid-19 hit much earlier in the US than it hit the headlines. As Cody pointedly put it, “We had so few pixels you could hardly pick out the image. Suddenly, we have so many pixels all of sudden that we now realise we didn’t know what we were looking for.”

THE FRENCH CONNECTION

In Europe, a radiology research team at the Albert Schweitzer Hospital in Colma, France, has traced the first Covid-19 case in that country to November 16, 2019 according to reports by NBC News and The New York Times. The researchers came to this finding after examining 2500 chest X-rays taken from November 1, 2019 to April 30 this year.

French authorities declared the first Covid-19 case on January 24 having detected it in three nationals who had recently been to China, though it has now transpired that whilst one finger was point to China, four were point back at France itself.

It came to light last month that a sample taken from a French patient with pneumonia on December 27 subsequently tested positive for the coronavirus. “There’s no doubt for us it was already there in December,” Dr Yves Cohen, head of intensive care at the Avicenne and Jean Verdier hospitals in the northern suburbs of Paris, told The New York Times on May 4 this year. “It is quite possible that there were isolated cases that led to transmission chains that died down.”

Weighing in on the matter too, Michel Schmitt, who led the Albert Schweitzer Hospital research, said, “The testimonies are really rich; they show that people felt that something strange was going on, but they were not in a capacity to raise the alarm.”

THE CAMBRIDGE AND UCL FINDINGS

Meanwhile, two independent research projects by two of Britain’s premier institutions of learning have turned up evidence that Covid-19 was in Europe as early as the third quarter of 2019.  Following a study to understand the historical processes that led to the Covid-19 pandemic, the University of Cambridge found that the coronavirus outbreak appears to have started between September 13 and December 7 in 2019.

The University College London’s Genetics Institute (UCL) analysed genomes from the Covid-19 virus in over 7,500 people and deduced that the pandemic must have started between October 6 and December 11 in 2019.
The UCL team analysed virus genomes, using published sequences from over 7,500 people with Covid-19 across the globe. Their report, titled HYPERLINK “https://www.sciencedirect.com/science/article/pii/S1567134820301829” \l “s0045” \t “_blank” Emergence of Genomic Diversity and Recurrent Mutations in SARS-CoV-2, was published in the May 6, 2020 edition of the journal Infection, Genetics and Evolution.

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