Umbrella for Democratic Change (UDC) says that they support homosexuality and decriminalization of same sex activities as they are guaranteed in the party constitution.
WeekendPost has established that from a legal perspective the party has a clear position on the matter as espoused in its constitution while on the contrary the party would not explicitly pronounce it from the political angle.
This publication has gathered that the ruling Botswana Democratic Party (BDP) law makers are also skating on thin ice on taking a standpoint on the issue of homosexuality as they dread for political expediency.
However, according to UDC’s Information and Publicity Secretary, Moeti Mohwasa, the UDC constitution guarantees Second Generation Rights and that “obviously touches on homosexuality and other issues of interest currently neglected”.
Mohwasa told WeekendPost in an interview on Thursday this week that “the issue of homosexuality and decriminalization of same sex activities is a human right issue – and as a party we do recognize all human rights issues. Therefore, in other words, if the issue of gays and lesbians is a human right issue then it’s guaranteed in the (our) constitution.”
Mohwasa however asserted that although the party has not taken a specific position on homosexuality, there is no need to make such pronunciation as the answer lies in the party’s supreme law – the constitution. “It’s a constitution that guides the party,” he stressed.
Mohwasa was speaking to this publication at the backdrop of UDC/GCC Councillor, Seargent Kgosietsile’s victory in his controversial bid to lure colleagues at Gaborone City Council (GCC) to pass the motion to “request government to consider decriminalization of same-sex sexual activities to support HIV/AIDS programmes and policies”.
The motion eventually passed after receiving opposition from only one BDP and Specially Elected Councillor, Macdonald Peloetletse who would not be seconded on his resistance to the motion.
In essence the motion, by the maverick Councilor for Marulamantsi ward seeks to lobby the law making body of Botswana – the National Assembly – to decriminalize same sex sexual conduct by amending the country’s penal Code.
GCC does not have the powers to amend the laws of the republic but only the legislators have the prerogative to do so under the confines of its functions.
When supporting Kgosietsile’s motion during the debate, another UDC Councillor representing Block 9 ward, Sesupo Jacobs, highlighted that the motion to decriminalize same sex conduct is in line with the UDC manifesto and approach under pillar 4.
The said pillar states that“‘no one is left out’: a system in which all citizens are entitled to protection under the constitution and are brought to the social and economic mainstream of our society by accessing appropriate services that are beneficial and well managed.”
UDC Councilor invited former President Festus Mogae to motion debate
Former President Festus Mogae who is a well-known proponent of decriminalization of homosexuality was also invited but the invitation was withdrawn at a later stage after the motion could not proceed on the first date (last week), and consequently was not able to pitch up on the ensuing date.
Homosexuality activists including Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) and Botswana Network on Ethic law and HIVB/AIDS supporters were present during the debate.
Previously and subsequent to the motion postponement, human rights lawyers like Phazha Molebatsi of Ndadi Law Firm as well as law maker Kgosi Lotlaamoreng Montshioa II also graced the public gallery to show support for the motion on the day allocated for its debate.
BDP MP Tshireletso also backs UDC Councilor
Meanwhile it is understood that Assistant Minister of Local Government and Rural Development, Botlogile Tshireletso who has not spared publicly declaring her support for legalizing abortion, prostitution and homosexuality has also told Councillor Kgosietsile of her support on the motion.
“She sent me a text message yesterday and assured me of her undying support on this motion,” UDC Councilor told the GCC chamber when debating the motion.
Tshireletso is also expected to table a similar motion in the coming weeks on the same topic of amending the Penal Code to decriminalize same sex sexual activities. As a member of the ruling party in the national assembly, which banks on its majority, she is expected to rally her colleagues – amid their reluctance to discuss such sensitive issues which have deep reservations on the society.
GCC falls in the steps of alandmark CoA ruling
Recently the supreme and ultimate court – Court of Appeal has ruled that a homo sexual organization, LEGABIBO is at liberty to register and advocate for their rights in a legal manner.
In most cases it is homosexuals who indulge in same sex sexual activities that the Council is lobbying law makers to decriminalize.
It is public knowledge that in Botswana the Panel Code criminalises same sex sexual conduct under sections 164 as well as 167.
According to Penal Code Section 164 under unnatural offences; “Any person who (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits any other person to have carnal knowledge of him or her against the order of nature, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.
In section 167 it states that through indecent practices between persons; “any person who, whether in public or private, commits any act of gross indecency with another person, or procures another person to commit any act of gross indecency with him or her, or attempts to procure the commission of any such act by any person with himself or herself or with another person, whether in public or private, is guilty of an offence.”
In decriminalizing same-sex sexual relationships, Kgosietsile stressed that it will minimize and end stigma and discrimination associated with it.
“Who am I talking about when I say same sex people? I am talking about Lesbians, Gays, Bisexuals, Transgender, Intersex (LGBTI) individuals in Botswana. The people I speak of are Batswana, our brothers, sisters, children, parents, relatives, colleagues, leaders, subordinates, employers, employees; just to mention a few,” the UDC Councilor said.
He gave an example of Mozambique which he said legalized acts of homosexuality and therefore Botswana can follow suit. “Refer to recent changes in Mozambique where acts of homosexuality were decriminalized.”
‘Fire churches’ body still denounces homosexuals as “unholy”
Meanwhile, the umbrella of ‘fire churches’ in Botswana, Evangelist Fellowship Botswana (EFB) has described homosexuality as ‘unholy and immoral’.
“We as EFB believe that the infallibility of Scripture in these matters is non-negotiable. There is no right to do wrong. Batswana know what is right and wrong and have defined that in their Penal Code. Any change to Batswana's self-defined moral sanctions should not be left to a few individuals to decide, but should be put before the nation through a referendum,” Master Matlhaope, President of EFB cautioned recently in an exclusive interview with WeekendPost.
Matlhaope reiterated that homosexuality as a practice is criminal and “must remain so”, and added that it is of extreme importance to note that Batswana have not condoned homosexual behaviours or tendencies as is indicated in a recent Afrobarometer study. The research indicated that majority of Batswana abhors and shuns it, as per “the bible and Tswana customs”.
The umbrella body of ‘fire churches’ maverick leader maintained that Botswana should not allow herself to be pressurized by the current wave of transient trends which are perpetuated by international pressure groups. He added that these groups have organized to disadvantage and punish nations that are determined to preserve their own culture, identity and norms – and “this type of pressure is unethical and wrong and must not be tolerated”.
“Such practices despise the very foundations upon which this nation is built on,” he asserted. He highlighted that "Righteousness exalts a nation, but sin condemns any people" (Prov 14:34), and submission to Biblical norms holds hope to our physical, mental and spiritual wellbeing.
“We submit that civil laws should be based on what is morally right. There should be no civil right to do a moral wrong,” Matlhaope stressed.
What the law and international instruments says on homosexuality
Section 3 of the Botswana constitution posits that: “whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his or her race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely- (a) life, liberty, security of the person and the protection of the law.”
The African Charter on Human and People’s Rights which Botswana ratified in July 1986, article 2 contends that: “every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.
Article 4 of the same Charter states that “human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.”
LEGABIBO extends gratitude to UDC Councillor for his bravery
According to a statement released on Thursday, the Lesbians Gays and Bisexuals of Botswana (LEGABIBO) thanked Hon. Sergeant Yellowman Kgosietsile, “for reaching out to the LGBTI community and contribute to elimination of stigma and discrimination, addressing exclusion of LGBTI, fighting homophobia and helping LEGABIBO to access structures which have always been difficult to access”.
The statement states that they also commend the Gaborone City Council for allowing Hon. Yellowman Kgosietsile to table such a motion and actually passing it. “We acknowledge that this is the first time in the history of LGBTI advocacy that Council conversed on LGBTI issues.”
“This action is important to the LGBTI community because it aims to enhance the health, wellbeing, inclusion and non-discrimination of the LGBTI in Botswana. In addition, the honorable GCC house calls for the inclusion of LGBTI in HIV/AIDS interventions and education of health care providers, echoing the position that LEGABIBO represents.”
Furthermore, the organisation said it is grateful for the forward thinking of politicians such as Kgosietsile and honourable members of the Gaborone City Council for their dedication to contributing to HIV response and protecting the marginalized groups.
“We acknowledge that the mandate of the honourable house is not to change laws, but we appreciate their efforts to lobby for change and make recommendations to law makers in their respective positions. Their contribution shall be cited in the history of LGBTI advocacy in Botswana.”
LEGABIBO also called upon all politicians to emulate this example by Kgosietsile and Gaborone City Council to lobby for legal reform and make recommendations for law makers.
Meanwhile BCP Councilor for Government ward Mohamed Sobhan will also table a related motion – but on same sex marriage – to pile pressure on Parliament to make necessary amendments to allow for such.
New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.
The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.
It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong. According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.
Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.
“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.
According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”
He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.
“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.
Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.
“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.
Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.
“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.
Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”
He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.
He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”
The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.
This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.
A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”
“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.
“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.
According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.
The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.
The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation. The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).
Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.
The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.
“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”
The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”
“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.
Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.
In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.
Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.
BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.
As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.
“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.
Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.
“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.
This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.
“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.