President Dr. Lt. Gen. Ian Khama’s name has been dragged into the power struggles of the Botswana Scouts Association (BSA). Khama is the patron of the association.
Khama is implicated together with Minister of Infrastructure, Science and Technology Nonofo Molefhi who is its Chief Scout.
According to papers before court, BSA has many stakeholders while the president of Botswana is its patron and Minister Molefhi the Chief Scout, “and it is improper to have their names used in murky circumstances,” argued seasoned Gaborone based lawyer Uyapo Ndadi representing BSA.
“For instance, two letterheads are in public circulation bearing different names of the Chief Scout and Chief Commissioner. It is an untidy situation and thus rendering the organization ungovernable,” BSA through their attorney contended.
The matter that rubs off on Khama and Molefi as Patron and Chief Scout, emanated from a court case in which BSA wanted Chief Commissioner, Morgan Letsholathebe removed after a vote of no confidence was made on him. Letsholathebe refused to step down and the matter subsequently landed in front of Gaborone High Court’s Justice Sadique Kebonang.
Having read the arguments from BSA Justice Kebonang on Thursday afternoon granted interim orders per the Draft Order in their favour until Thursday the 11th February 2016 at 2pm when the case returns to court.
The court had nonetheless pending final ruling ordered that BSA Chief Commissioner Letsholathebe be “interdicted and restrained” to act on the position until and unless he is elected as such by BSA members.
“Mr Letsholathebe is hereby interdicted and restraint from interfering with the work of BSA’s national Executive Committee,” it stated.
It was also ordered that he immediately returned to BSA any documentation, materials and reports he has in his possession by virtue of holding the office of Chief Commissioner prior to his removal from office on 21 November 2015.
“The interdicts referred to shall operate as an interim interdict pending the final determination of the matter,” Kebonang said in the judgement.
However Kebonang has advised Letsholathebe, who was representing himself at the time, to consult his attorney (if he has one) and that he is free to do a consent agreement with the applicants (BSA). He said a response is required from Letsholathebe by the 9th of February 2016 as the matter is an urgent application.
“So the matter is to be heard properly on Thursday either through arguments or consent agreement,” Justice Kebonang highlighted in his brief judgement.
According to the papers, Letsholathebe, who is employed at the Ministry of Education is refusing to vacate office after being duly removed from office by a vote of no confidence.
“He is now causing confusion and paralyzing the work of BSA,” BSA posits.
“Letsholathebe was in November 2014 elected into office as a Chief Commissioner. The appointment was in accordance with the constitution of the applicant (BSA), in particular, article 13.1 of the constitution. His term was for 3 years. The respondent’s term was to end in November 2017.
The papers further state that the members of BSA, Council passed a motion of no confidence on Letsholathebe and thus terminating his term.
The motion of no confidence “was triggered by views shared by the majority that the respondent was failing in his constitutional mandate to lead the BSA as provided for by article 4 of the constitution”.
It remains to be seen whether Khama and Molefhi may help calm the waters or crack the whip at the esteemed organization as their names, guilty by association, has been dragged into the mud by cloudy state of affairs.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.