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.
Over 2,000 civil servants in the public sector have been interdicted for a variety of reasons, the majority of which are criminal in nature.
According to reports, some officers have been under interdiction for more than two years because such matters are still being investigated. Information reachingÂ WeekendPostÂ shows that local government, particularly councils, has the highest number of suspended officers.
In its annual report, the Directorate on Corruption and Economic Crime (DCEC) revealed that councils lead in corrupt activities throughout the country, and dozens of council employees are being investigated for alleged corrupt activities. It is also reported that disciplined forces, including the Botswana Defence Force (BDF), police, and prisons, and the Directorate of Intelligence and Security (DIS) have suspended a significant number of officers.
The Ministry of Education and Skills Development has also recorded a good number of teachers who have implicated in love relationships with students, while some are accused of impregnating students both in primary and secondary school. Regional education officers have been tasked to investigate such matters and are believed to be far from completion as some students are dragging their feet in assisting the investigations to be completed.
This year, Mmadinare Senior Secondary reportedly had the highest number of pregnancies, especially among form five students who were later forcibly expelled from school. Responding to this publicationâ€™s queries, Permanent Secretary to the Office of the President Emma Peloetletse said, â€śas you might be aware, I am currently addressing public servants across the length and breadth of our beautiful republic. Due to your detailed enquiry, I am not able to respond within your schedule,â€ť she said.
She said some of the issues raised need verification of facts, some are still under investigation while some are still before the courts of law.
Meanwhile, it is close to six months since the Police Commissioner Keabetwe Makgophe, Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katlholo and the Deputy Director of the DIS Tefo Kgothane were suspended from their official duties on various charges.
Efforts to solicit comment from trade unions were futile at the time of going to press.
Some suspended officers who opted for anonymity claimed that they have close to two years while on suspension. One stated that the investigations that led him to be suspended have not been completed.
â€śIt is heartbreaking that at this time the investigations have not been completed,â€ť he toldÂ WeekendPost, adding that â€śwhen a person is suspended, they get their salary fully without fail until the matter is resolvedâ€ť.
Makgophe, Katlholo and Kgothane are the three most high-ranking government officials that are under interdiction.
Botswana Democratic Party (BDP) and some senior government officials are abuzz with reports that President Mokgweetsi Masisi has requested his Vice President, Slumber Tsogwane not to contest the next general elections in 2024.
The impacts of climate change are increasing in frequency and intensity every year and this is forecast to continue for the foreseeable future. African CEOs in the Global South are finally coming to the party on how to tackle the crisis.
Following the completion of COP27 in Egypt recently, CEOs of Africa DFIs converged in Botswana for the CEO Forum of the Association of African Development Finance Institutions. One of the key themes was on green financing and building partnerships for resource mobilization in financing SDGs in Africa
A report; “Weathering the storm; African Development Banks response to Covid-19” presented shocking findings during the seminar. Among them; African DFI’s have proven to be financially resilient, and they are fast shifting to a green transition and it’s financing.
COO, CEDA, James Moribame highlighted that; “Everyone needs food, shelter and all basic needs in general, but climate change is putting the achievement of this at bay. “It is expensive for businesses to do business, for instance; it is much challenging for the agricultural sector due to climate change, and the risks have gone up. If a famer plants crops, they should be ready for any potential natural disaster which will cost them their hard work.”
According to Moribame, Start-up businesses will forever require help if there is no change.
“There is no doubt that the Russia- Ukraine war disrupted supply chains. SMMEs have felt the most impact as some start-up businesses acquire their materials internationally, therefore as inflation peaks, this means the exchange rate rises which makes commodities expensive and challenging for SMMEs to progress. Basically, the cost of doing business has gone up. Governments are no longer able to support DFI’s.”
Moribame shared remedies to the situation, noting that; “What we need is leadership that will be able to address this. CEOs should ensure companies operate within a framework of responsible lending. They also ought to scout for opportunities that would be attractive to investors, this include investors who are willing to put money into green financing. Botswana is a prime spot for green financing due to the great opportunity that lies in solar projects. ”
Technology has been hailed as the economy of the future and thus needs to be embraced to drive operational efficiency both internally and externally.
Executive Director, bank of Industry Nigeria, Simon Aranou mentioned that for investors to pump money to climate financing in Africa, African states need to be in alignment with global standards.
“Do what meets world standards if you want money from international investors. Have a strong risk management system. Also be a good borrower, if you have a loan, honour the obligation of paying it back because this will ensure countries have a clean financial record which will then pave way for easier lending of money in the future. African states cannot just be demanding for mitigation from rich countries. Financing needs infrastructure to complement it, you cannot be seating on billions of dollars without the necessary support systems to make it work for you. Domestic resource mobilisation is key. Use public money to mobilise private money.” He said.
For his part, the Minster of Minister of Entrepreneurship, Karabo Gare enunciated that, over the past three years, governments across the world have had to readjust their priorities as the world dealt with the effects and impact of the COVID 19 pandemic both to human life and economic prosperity.
“The role of DFIs, during this tough period, which is to support governments through countercyclical measures, including funding of COVID-19 related development projects, has become more important than ever before. However, with the increasingly limited resources from governments, DFIs are now expected to mobilise resources to meet the fiscal gaps and continue to meet their developmental mandates across the various affected sectors of their economies.” Said Gare.