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Saturday, 02 December 2023

ZCC constitution is a fraud

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Following an application by some Zion Christian Church (ZCC) members in Botswana challenging the church’s disregard and violation of its own constitution, another member who sits on the church’s lawyers’ panel launched a fresh application this week challenging that the 2009 Botswana constitution is fraudulent.

“The applicants have instituted legal proceedings against ZCC relying on the 2009 constitution that is not operational or not in use and as such the said constitution does not govern the affairs of ZCC in Botswana. I will further pray for the Honourable court to declare the said constitution null and void and of no force and effect,” Jost Sinvula Isaac who is a member and lawyer of ZCC declared in court papers the Weekend Post is in possession of.

Prior, 11 members of the church being Tshiamo Tladi, Khumo Gaorengwe, Mogomotsi Bogosi, Stanley Lejone, Daniel Mathibe, Lesetse Othamo, Mmusi Moeng, Mmatli Lopale, Lebogang Bose, Faneck Bareki and Tony Joseph last week dragged the church together with its Bishop Dr. Barnabas Edward Lekganyane to court saying the ZCC local branch is flouting on its constitution of 2009 – which is currently the subject of the “storm”.

Isaac, who sits in the ZCC attorneys’ panel instituted a fresh application this week as a member of the church and argued that the submission of the 2009 constitution by ZCC to the Registrar of Societies was not necessary as the church had a South African church constitution that was in use since 1994.

He said: “it is my humble submission that the 1994 constitution is the lawful and operational constitution of the ZCC church in Botswana as it has never been repealed or invalidated by any lawful process.”

Accordingly, he emphasized that the “2009 Botswana constitution is illegal, unlawful and a nullity in law and of no force and effect”.

When supporting his arguments the lawyer said there are new facts which he intends to bring before court, which have not been brought forth by any of the parties in the 11 members versus ZCC, Bishop Lekganyane, pending before the court. He added that he discovered the facts after thorough research, making inquiries and perusing the church file at the Registrar of Societies.  

Sometimes in the early 1990’s, he explained, the church applied for registration of its constitution and “exemption” from registration under the Societies Act. The exemption was then approved and they were issued with an exemption certificate. In applying for exemption, he said the church filed its constitution from South Africa, which was received by the Registrar of Societies on the 5th July 1994.

“The church was thus confirmed as a society exempted from registration in terms of the Act and that it was headquartered and controlled outside the country (South Africa), with a universal constitution that applied to all its members and was registered accordingly.”

A perusal of the church file at the Registrar of Societies’ office reveals that sometimes there was a misconception on the part of officials of the church as to its registration status in Botswana.

Indications are that at some stage the church engaged the Office of the President (OP) to have the church exempted from registration, when in fact the church was ‘already’ exempted from registration.

Therefore, the ZCC member stated further that it seems that the confusion that resulted in the registration of the 2009 constitution began with a public announcement that was made by the Registrar of Societies in 2008.

In terms of that notice, all churches which were registered using the constitutions of their ‘mother churches based outside the country’ were now required to file ‘local’ constitutions and a deadline was set for that purpose.

“This request was not made in terms of any provisions of the Societies Act. I must add that this public announcement was not addressed to the ZCC. While the legal propriety of this notice was itself questionable, it was nonetheless not necessary for the church to concern itself with the notice as it was an exempted society which had a constitution in place.”

Other churches that are exempted such as the Roman Catholic Church did not concern themselves with the notice and they did not file local constitutions.

In the end, the ZCC lawyer said a local constitution was developed and on June 2009, the 2009 constitution was submitted to the Registrar of Societies.

He pointed out that the registration status of the church is a matter that has not been ventilated at all by all the parties to the main application (11 ZCC members) “yet it is at the centre of the controversy in these proceedings”.   

According to Isaac, “when this 2009 constitution was submitted, what was overlooked is the fact that the church had a constitution that was in use and further that it was exempted from registration, and that under no circumstances could the church be required to submit local constitution.”

He added that the filing of the 2009 constitution therefore would have resulted in the Exemption of the church being rescinded or cancelled since the preamble of the said constitution states that the church is constituted in terms of Section 5 of the Societies Act.

“When the 2009 constitution was filed with the Registrar of Societies, the church awaited response from the Registrar’s office in relation to the registration of such constitution but to date there is no such response and my understanding is that in the absence of any meaningful response the said constitution was never formally registered for it to be effective.”

The ZCC member also expressed that he is greatly aggrieved by the 2009 constitution because it creates a different ZCC than the church itself. “The church will effectively have two parallel seemingly distinct constitutions since the 2009 constitution did not repeal the 1994 constitution nor was it registered.”

The constitution does not make any reference to the status of the church as an exempted society, suggesting that it was submitted under a misapprehension of facts as to the registration status of the church, he highlighted.

In the 2009 constitution, it is stated that: “the headquarters of the church is said to be Lot 20462, Gaborone. This has never been the headquarters of the church. To the best of my knowledge, the headquarters of the church is Zion city Moria in Limpopo Province of South Africa,” the lawyer clarified.

The Executive Council is entrusted with powers that have hitherto been the preserve of the Church Council, and the 2009 constitution as it is if adopted will hinder the smooth running of the church in Botswana, he highlighted.  

“I therefore intend to raise arguments questioning the validity of this 2009 constitution. The proceedings will have to involve the Registrar of Societies, through the Attorney General.”

“I have raised these issues with the church. In particular I have raised the issue of invalidity of the 2009 constitution with the General Secretary of the church as well as lawyers panel of the church,” he added.

However, Isaac said his pleas for the church to raise these issues have not been headed to. “I understand this to be because the members of the lawyers’ panel directly responsible for this case hold views that are different from mine,” he stated. “To my understanding the church has therefore not been advised to raise these issues in the manner I seek to raise them. I respect this divergent of views, and now ask this court to give me a hearing.”

“As a member of the church, which is a very big international church, and further as an official of the church where the applicants (11 members) in the main action worship, I have an interest in ensuring that the church is governed properly and I consider the raising of these issues to be my responsibility and duty.”

Going forward, he observed that a decision on this matter will also clear any confusion to the registration status of ZCC, the constitution that is in use and the responsibilities of the church in terms of the Societies Act.   

Isaac’s new application citing the Botswana church constitution as “a fraud” will be argued still before Justice Michael Mothobi on 19th August 2016 and it will determine whether the previous matter on violation of the local church constitution falls off or not.

In the 11 members’ case, ZCC was represented by Advocates Soraya Skhassim (SC) and Lenette Pillay from South Africa and Uyapo Ndadi of Ndadi Law Firm in Botswana sat in for the aggrieved 11 ZCC members while in the fresh application due in August, attorney Jost Sinvula Isaac represented himself.

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19 Bokamoso Private Hospital nurses graduate at Lenmed Nursing College

28th November 2023

The graduation of 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College marks a significant milestone in their careers. These nurses have successfully completed various short learning programs, including Adult Intensive Care Unit, Emergency Nursing Care, Anaesthetic & Recovery Room Nursing, Anaesthetic Nursing, and Recovery Room Nursing. The ceremony, held in Gaborone, was a testament to their hard work and dedication.

Lenmed Nursing College, a renowned healthcare group with a presence in South Africa, Botswana, Mozambique, and Ghana, has been instrumental in providing quality education and training to healthcare professionals. The Group Head of Operations, Jayesh Parshotam, emphasized the importance of upskilling nurses, who are at the forefront of healthcare systems. He also expressed his appreciation for the partnerships with Bokamoso Private Hospital, the Ministry of Health, and various health training institutes in Botswana.

Dr. Morrison Sinvula, a consultant from the Ministry of Health, commended Lenmed Health and Lenmed Nursing College for their commitment to the education and training of these exceptional nurses. He acknowledged their guidance, mentorship, and support in shaping the nurses’ careers and ensuring their success. Dr. Sinvula also reminded the graduates that education does not end here, as the field of healthcare is constantly evolving. He encouraged them to remain committed to lifelong learning and professional development, embracing new technologies and staying updated with the latest medical advancements.

Dr. Gontle Moleele, the Superintendent of Bokamoso Private Hospital, expressed her excitement and pride in the graduating class of 2023. She acknowledged the sacrifices made by these individuals, who have families and responsibilities, to ensure their graduation. Dr. Moleele also thanked Lenmed Nursing College for providing this opportunity to the hospital’s nurses, as it will contribute to the growth of the hospital.

The certificate recipients from Bokamoso Private Hospital were recognized for their outstanding achievements in their respective programs. Those who received the Cum Laude distinction in the Adult Intensive Care Unit program were Elton Keatlholwetse, Lebogang Kgokgonyane, Galaletsang Melamu, Pinkie Mokgosi, Ofentse Seboletswe, Gorata Basupi, Bareng Mosala, and Justice Senyarelo. In the Emergency Nursing Care program, Atlanang Moilwa, Bakwena Moilwa, Nathan Nhiwathiwa, Mogakolodi Lesarwe, Modisaotsile Thomas, and Lorato Matenje received the Cum Laude distinction. Kelebogile Dubula and Gaolatlhe Sentshwaraganye achieved Cum Laude in the Anaesthetic & Recovery Room Nursing program, while Keletso Basele excelled in the Anaesthetic Nursing program. Mompoloki Mokwaledi received recognition for completing the Recovery Room Nursing program.

In conclusion, the graduation of these 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College is a testament to their dedication and commitment to their profession. They have successfully completed various short learning programs, equipping them with the necessary skills and knowledge to excel in their respective fields. The collaboration between Lenmed Nursing College, Bokamoso Private Hospital, and the Ministry of Health has played a crucial role in their success. As they embark on their careers, these nurses are encouraged to continue their professional development and embrace new advancements in healthcare.

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BNF secures 15 constituencies in UDC coalition, wants more

28th November 2023

The Botswana National Front (BNF) has recently announced that they have already secured 15 constituencies in the Umbrella for Democratic Change (UDC) coalition, despite ongoing negotiations. This revelation comes as the BNF expresses its dissatisfaction with the current government and its leadership.

The UDC, which is comprised of the BNF, Botswana Peoples Party (BPP), Alliance for Progressives (AP), and Botswana Patriotic Front (BPF), is preparing for the upcoming General Elections. However, the negotiations to allocate constituencies among the involved parties are still underway. Despite this, the BNF Chairman, Patrick Molotsi, confidently stated that they have already acquired 15 constituencies and are expecting to add more to their tally.

Molotsi’s statement reflects the BNF’s long-standing presence in many constituencies across Botswana. With a strong foothold in these areas, it is only natural for the BNF to seek an increase in the number of constituencies they represent. This move not only strengthens their position within the UDC coalition but also demonstrates their commitment to serving the interests of the people.

In a press conference, BNF Secretary General, Ketlhafile Motshegwa, expressed his discontent with the current government leadership. He criticized the ruling Botswana Democratic Party (BDP) for what he perceives as a disregard for the well-being of the Batswana people. Motshegwa highlighted issues such as high unemployment rates and shortages of essential medicines as evidence of the government’s failure to address the needs of its citizens.

The BNF’s dissatisfaction with the current government is a reflection of the growing discontent among the population. The Batswana people are increasingly frustrated with the lack of progress and the failure to address pressing issues. The BNF’s assertion that the government is playing with the lives of its citizens resonates with many who feel neglected and unheard.

The BNF’s acquisition of 15 constituencies, even before the negotiations have concluded, is a testament to their popularity and support among the people. It is a clear indication that the Batswana people are ready for change and are looking to the BNF to provide the leadership they desire.

As the negotiations continue, it is crucial for all parties involved to prioritize the interests of the people. The allocation of constituencies should be done in a fair and transparent manner, ensuring that the voices of all citizens are represented. The BNF’s success in securing constituencies should serve as a reminder to the other parties of the need to listen to the concerns and aspirations of the people they aim to represent.

In conclusion, the BNF’s acquisition of 15 constituencies, despite ongoing negotiations, highlights their strong presence and support among the Batswana people. Their dissatisfaction with the current government leadership reflects the growing discontent in the country. As the UDC coalition prepares for the upcoming General Elections, it is crucial for all parties to prioritize the needs and aspirations of the people. The BNF’s success should serve as a reminder of the importance of listening to the voices of the citizens and working towards a better future for Botswana.

 

 

 

 

 

 

 

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Children’s summit to discuss funding of NGOS

21st November 2023

One of the key issues that will be discussed by the Childrens’ Summit, which will be hosted by Childline Botswana Trust on 28th – 30th November in Gaborone, will be the topical issue of financing and strengthening of civil society organizations.

A statement from Childline Botswana indicates that the summit will adopt a road map for resourcing the children’s agenda by funding organizations. It will also cover issues relating to child welfare and protection; aimed at mobilizing governments to further strengthen Child Helplines; as well as sharing of emerging technologies to enhance the protection of Children and promotion of their rights.

According to Gaone Chepete, Communications Officer at Childline Botswana, the overall objective of the summit is to provide a platform for dialogue and engagement towards promoting practices and policies that fulfil children’s rights and welfare.

“Child Helplines in the region meet on a bi-annual basis to reflect on the state of children; evaluate their contribution and share experiences and best practice in the provision of services for children,” said Chepete.

The financing of non-governmental organizations (NGOs) by the state or its functionaries has generated mixed reactions from within the civil society space, with many arguing that it threatened NGOs activism and operational independence.

In February 2019, University of Botswana academic Kenneth Dipholo released a paper titled “State philanthropy: The demise of charitable organizations in Botswana,” in which he faulted then President Lieutenant General Seretse Khama Ian Khama for using charity for political convenience and annexing the operational space of NGOs.

“Civil society is the domain in which individuals can exercise their rights as citizens and set limits to the power of the state. The state should be developing capable voluntary organizations rather than emaciating or colonizing them by usurping their space,” argued Dipholo.

He further argued that direct involvement of the state or state president in charity breeds unhealthy competition between the state itself and other organizations involved in charity. Under these circumstances, he added, the state will use charity work to remain relevant to the ordinary people and enhance its visibility at the expense of NGOs.

“A consequence of this arrangement is that charitable organizations will become affiliates of the state. This stifles innovation in the sense that it narrows the ability of charitable organizations to think outside the box. It also promotes mono-culturalism, as the state could support only charitable organizations that abide by its wishes,” said Dipholo.

In conclusion, Dipholo urged the state to focus on supporting NGOs so that they operate in a system that combines philanthropic work and state welfare programs.

He added that state philanthropy threatens to relegate and render charitable organizations virtually irrelevant and redundant unless they re-engineer themselves.

Another University of Botswana (UB) academic, Professor Zibani Maundeni, opined that politics vitally shape civil society interaction; as seen in the interactions between the two, where there is mutual criticism in each other’s presence.

Over the years, NGOs have found themselves grappling with dwindling financial resources as donors ran out of money in the face of increased competition for financing. Many NGOs have also been faulted for poorly managing their finances because of limited strategic planning and financial management expertise. This drove NGOs to look to government for funding; which fundamentally altered the relationships between the two. The end result was a complete change in the operational culture of NGOs, which diminished their social impact and made them even more fragile. Increased government control through contract clauses also reduced NGOs activism and autonomy.

However, others believe that NGOs and government need each other, especially in the provision of essential services like child welfare and protection. Speaking at the Civil Society Child Rights Convention in 2020, Assistant Minister of Local Government and Rural Development Setlhabelo Modukanele said government considers NGOs as critical partners in development.

“We recognize the role that NGOs play a critical role in the country’s development agenda,” said Modukanele.

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