Attorney smells conspiracy in Neo Moroka defence
Legal representatives locked shoulders Thursday morning defending and shoring interests in a civil case where De Beers Botswana head honcho, Daniel Neo Moroka is being sued for an amount of P2 million for killing of Tshabong youngster, Kealeboga Danster in the fall of 2014.
For some time attorneys in the case, Kgosietsile Ngakaagae, representing Moroka and Letlhogonolo Makgene representing the litigant and the deceased’s mother Margaret Danster, became locked in an argument where Ngakaagae, representing Moroka is yet to file a plea, a development that inadvertently holds back the filing of a default judgement by the accuser’s legal representative.
Ngakaagae had cited confusion in the rules saying they did not know whether the court had to tell them to file a plea or whether they had to file it on their own, playing it down as the selection of either of the two options. However, Makgene openly wondered how Moroka, represented by an experienced barrister could have failed to file a plea. He also pondered to the Judge why Ngakaagae as an experienced barrister could cite confusion in the court rules that were last reviewed in 2008.
Makgene said, “Without trying to cast aspersions on Ngakaagae I do not think that there was confusion on when to file, there must be another reason, more so that the litigant is represented by an experienced lawyer.”
Ngakaagae shot down Makgene and Danster’s argument made in the declaration that she is entitled to compensation for her son’s death, on the premise that she being the mother deserved compensation because the life of the deceased was cut short.
Ngakaagae contended that there has never been a cause of action affirming compensation for the loss of a loved one and that no individual can be compensated for the life of another individual, safe for where the life expectancy of an individual has been reduced and right to long quality life had been taken due to negligence by another person.
He further argued that should Danster be given the judgement she requests, the law will be thrown into pandemonium and confusion as there will be no limit as to who could claim compensation for the death of a family member as any other next of kin or even friend can lay own claims.
Ngakaagae also argued that the judgement might also precipitate a state of affairs where people might accelerate deaths of other people eyeballing laying their own claims.
He pointed out to Danster’s statement that says the deceased was only 18 years old when he passed on and she was hoping that in future he will earn money and take care of her, saying that she ought to show and prove that the deceased was supporting her when he passed on and not the anticipated or speculated future support. Ngakaagae contended that the elder Danster’s own life is still intact; therefore she has no legal standing to seek recompense and is not even in the clear as to whether she is administrator of the estate of the deceased.
He said that on the claim of loss of dependency and support, such claim is premised on uncertainty and is futuristic. He argued that nobody knows what could have become of the future life of the deceased. “Possibly he could have become something in life-we don’t know, they don’t know but they are asking for damages.” Ngakaagae sniped before adding that the litigant’s claim does not hold water and it should collapse.
The litigant’s lawyer Makgene however retorted by saying and conceding that while a case of this kind has never been brought before the courts of law in the country it will be simplistic to say that the parent of a child who has been killed has no remedy to seek recompense for the loss.
He argued that there are a number of jurisdictions in the commonwealth where shortened life is claimable and it should not only be with past as there has been an action for loss of prospective support that you raise a child so that they pay back by supporting the parent, an argument which presiding Justice Godfrey Nthomiwa questioned the application’s use of the word ‘pay back.’
However, Makgene still held his own against a ferocious counter- argument from Ngakaagae reiterating his stance that an individual can still claim loss of future support not only for the past but for the future as well, before letting known that Danster had not asked expressly for the P2million figure, but a judgement and the court or the registrar will determine the quantum of damage.
He also contended that if judgement is served in favour of the defendant it will then be easier and cheaper to maim than to kill as there is no civil claim when you kill, particularly since the relative child has been killed which is itself a prima facie.
He also argued that since in the broader context the body (Directorate of Public Prosecutions) responsible for prosecutions has abdicated its duty of criminally prosecuting Moroka, a judgement on the contrary will effectively mean Moroka is allowed to get away scot free having already escaped from accountability under criminal law.
Ngakaagae countered Makgene in the extended legal affray saying that in common law no parent has the right of support from a child except in circumstances where the parent brings action of support because such parent is destitute, then that right arises. He continued slicing and dicing Makgene’s argument saying any parent who says, “I hope for the future” is effectively saying, “I am actually eyeballing a life of poverty” also adding that parents are not reserved the right of support from their children as that support is only given as societal obligation and not a right.
Ngakaagae added that Neo Moroka does not undermine the death of the deceased and Danster’s argument is prone to collapse since its success is at present premised on the mercy of the court. “We do not in any way undermine the death of this poor soul but this application is simply ill advised and pleading sentiment before the court,” he said.
Moroka, who is a former Minister of Trade and Industry is being sued for killing Kealeboga Danster in a hunt for a rogue stray dog that terrorised farm hands at his farm about 22 kilometres from Makopong in Kgalagadi South.
Moroka, it is believed holds the defence that the projectile that killed the younger Danster came from the barrel of his (Moroka) gun that had been aimed in the direction of a camping tent where it was believed the stray dog was in, but had ricocheted in a different direction toward the youthful Danster.
News
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.”
News
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.
News
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.