Police want Inquest Act reviewed
Botswana Police Commissioner Keabetswe Makgope
The Botswana Police Service (BPS) together with government participants have resolved to appoint a task team to review the ‘outdated’ Inquest Act of 1954.
An Inquest is an investigation held to determine a person’s cause of death, normally conducted by a magistrate or a judge and it usually involves an autopsy by a medical officer or a coroner, in other jurisdictions. Inquests are typically ordered in unnatural or suspicious deaths.
The current Act; promulgated in 1954, long before the country saw independence is said to have been surpassed by events, is ambiguous and obstructs the work of Police Forensic Science Services (FSS).
Deputy Commissioner of Police, David Mosetse said that he believes the inquest process as outlined in the 1954 Act has been surpassed by times because the only deaths processed by FSS are ones reported to the police. He said that this then means the department can only take up cases after an inquest docket has been opened or where there is suspicion that criminality has occurred.
Mosetse also seemed to hint that the 1954 Act gave District Commissioners (DC’s)too much power as de facto coroners, urging stakeholders to “look at today’s landscape and ask ourselves whether we still wish the DC to continue ordering post mortems, exhumations, and deciding whether deaths are natural or not”.
“During that time (1954) when the Act was enacted, the District Commissioner was a British Representative, a man with enormous powers. According to the Inquest Act, this gentleman was a de facto Coroner who was empowered to make a decision as to whether to order an inquest hearing, to issue a certificate of death or whether to order a medical examination on a deceased body or to order burial,” Narrated Mosetse.
It also emerged that in some instances, hospitals decline to perform autopsies as they deem the cases to be for the police, while the FSS also declines to conduct them unless it has been reported to the police and in others, cases which are clearly natural deaths are referred to FSS merely because no one will issue a death certificate.
Pathologist Dr Shathani Mugoma also said that the old Act strips pathologists’ powers as it has consolidated all powers to determine deaths on the hands of Police.
“Pathologists rarely go to the scene; we are just watching the game and the Police do everything,” he lamented.
He also said that families of the deceased often times pressurise pathologists and the police to hurriedly issue a death certificate in order to claim insurance payouts.
He continued to say that what then happens next is that the cause of death is then labelled as ‘unknown’, something he said denies the country true audited mortality data.
Mugoma further asserted that the Act is also silent on who should be present when autopsies are conducted and pathologists are often at the mercy of commandeering attorneys.
He said that recently a contingent of Zimbabwean state security agents filled his autopsy room in Francistown, videotaping the procedure in progress.
“Powerful lawyers would insist on being present in the operating room.” He continued, “A few weeks ago 5 Zimbabwean CIO (Criminal Investigations Organisation) agents from Bulawayo and 3 from Plumtree crammed into the autopsy room, videotaping the procedure on a Zimbabwean body,” he said.
He also said that now that the Bogosi Act has also changed, there is also need to align it with the Inquest Act and that the role of the Botswana Health Professionals Council (BHPC) needs to be made clear in the new Act.
High ranking government stakeholders including Forensic pathologists, Police officers, district commissioners and directors, also converged on the proposition that, autopsies should be made compulsory and the decision to conduct the procedure no longer be a prerogative of the next of kin.
They proposed that the new Inquest Act should include mandatory post-mortem, replacement of District Commissioners with legal officers, clear definition of who should be present in autopsy rooms and compulsory tests on dead bodies before cremation.
They also proposed the need of a coroner, involvement of pathological personnel at crime or accident scenes as well as the provisions of medical records when conducting autopsies.
They also called for the new Act to be in the clear, in terms of who should conduct autopsies and the role of medical officers as well as the police’s ability to conclude whether the death is unnatural or not.
The FSS Director Baboloki Tumediso-Magosha is expected to appoint the task team to review the Act.
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.