UDC endorses Councillor’s gay lobby
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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.
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BPS, Mosala Funeral Parlour butt heads over SA national remains
A squabble has broken out between Pule Mosala Funeral Parlour and the Botswana Police Service (BPS) over the remains of a South African national who has been in the Mosala mortuary for more than nineteen months. The deceased was one of 10 suspects who were controversially shot dead during a lengthy shootout with law enforcement authorities in Gaborone’s Phase 2 early last year.
The deceased individual’s family based in Soweto, has encountered difficulties in repatriating the body which has been in the care of Mosala Mortuary Services. Following the incident, it has emerged that all 10 bodies were transported to PFG mortuary in Lobatse for a brief period while the police attempted to locate their next of kin. Â It is reported that the families of the deceased were eventually identified and informed to come and identify their loved ones, including other South African nationals who were part of the criminal group. These families also witnessed the autopsy procedures conducted at Princess Marina Hospital in Gaborone.
Except for the family from Soweto, nine of the bodies were claimed and taken by their separate relatives. The Soweto family claims they lack the resources to bring the body back to South Africa and has made it known that they are looking for money. To end the supposed verbal agreement over the body’s storage for repatriation, Mosala Funeral Service has filed a case against the police at the Lobatse High Court.
According to Keakantse Mmotlhana, the company’s Sales and Marketing Manager, 10 people who were killed in Phase 2 by gunfire were all temporarily transferred to one of PFG’s branches in Lobatse by the police while efforts were made to find their next of kin. She expressed outrage at the statement made by the Minister of Defense and Security, recently.
After Assistant Police Commissioner Dipheko Motube called her office to apologize for giving the Minister wrong information during a news conference, she confirmed that they had accepted the apologies. He made it clear that one of the victims was still at Pule Mortuary in Lobatse.
Bushie Mosala, the director and owner of Mosala Funeral Services, confirmed that the body of a South African national has been in his mortuary for the past nineteen months. He expressed his desire for the police to remove the corpse from the mortuary, characterising the situation as a “nightmare.” He has instructed his legal team to file a lawsuit against the police in the Lobatse High Court concerning the body.
Mosala urged the acting Police Commissioner to come forward and apologize to the nation for the situation, asserting that the public has the right to know the truth regarding the body of the South African national, w
C -002Bhich was preserved by the police as evidence.
The South African High Commission in Gaborone had not responded to queries from Weekend Post at the time going of going to press.
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BOSETU frustrated by Gov’t new dispute winning strategy
Botswana Sectors of Teachers Union (BOSETU) has expressed alarm over a troubling trend by the government. Tobokani Rari, Secretary General of the BOSETU, stated that it appears that these days, whenever there is a dispute between workers and the government, the administration is fast to run to the courts to attempt and muffle unions.
“This is quite disturbing development, we have seen it with the Botswana Doctors Union, there was a disagreement over the shift allowance, government rushed to court, they indeed got order that was saying the doctors should go and do the work. We have seen it with the nurses, they rushed to court they got the order, we are now seeing it with the teachers, they rushed to the court and they got what they wanted,” said Rari, who also served as the Secretary General of BOFEPUSU.
Rari raised concerns that the government’s enforcement of teacher’s work, through a court order will result in reduced classroom productivity and morale. Rari added that this situation would negatively impact labour relations and teachers emotional wellbeing due to dissatisfaction in their work places leading to persistently poor academic outcomes.
“You can get an order that forces people to work, but what happens at work, it heightens emotions, it destroys relationships and the morale goes down and productivity does. Courts and judgments don’t solve productivity issues. Productivity only comes when people are satisfied at the workplace, so if you force them to work through a court order then you may not get the maximum out of the working population,” said Rari
MESD vs BOSETU COURT CASE
“As you are aware, the Ministry of Education approached courts and they were demanding three things from the court in this case between BOSETU and the ministry. First, they were demanding that the joint letter that was written by BOSETU and Botswana Teachers Union (BTU) asking members to stop doing course work because there was no agreement be declared unlawfully and BOSETU should write to its members and withdraw that letter within 24hrs. The second thing that they were looking for, was to interdict BOSETU from further issuing any instructions to that effect going forward. Lastly was that court should hold BOSETU to pay the cost of the lawsuit on a punitive scale,” Rari said.
Rari stated that the court decided to rule in favour of the Ministry of Education on all three relieves sought, that the savingram should be declared unlawful, that BOSETU should withdraw the contents savingram within 24hrs.
Court also said BOSETU should not issue any of such instructions going forward up until the case of contempt that BOSETU has taken to court, the contempt of the 2009 judgment has been decided. Court also awarded cost to the ministry on a punitive scale.
“BOSETU is a law abiding citizen and therefore we are bound by any laws and judgments that are there in Botswana and arise on the courts of Botswana hence we have complied with the order. On the 31st after the court case, we wrote to all our members and told them that the contents of that savingram as far as coursework is concerned has been withdrawn,” said Rari.
Rari said what happened in this case is that the judge decided to listen to the urgency without the responding affidavits of the opposing party, BOSETU, and went on to rule the merit of the case, which surprised the union.
“However we have been in discussion with our lawyers because if we leave things like this, we feel like we cannot leave that unchallenged. We have taken a decision to appeal the judgment,” Rari confirmed.
2023 COURSEWORK AND INVIGILATION AGREEMENT
“We would like to make our members aware that the following day after the judgment, we were able to meet the Ministry of Education and we have arrived at a conclusion that we signed an agreement that coursework rates will be increased by 5%. If court had ruled that coursework is the duty of the teachers’ means it wouldn’t have been any agreement after the court case, it tells you that the issue is still open and it is on the table. We have arrived at an agreement that there is going to be an increment on all components of coursework and invigilation,” Rari pointed out.
Rari further explained that Article 2 says union party is to submit detailed proposals on the intensity of the coursework for further engagement. Intensity of coursework means where the coursework payment starts in terms of varying from different subjects. He said the outcome based subject that are taught Maun Senior Secondary School and Moeng college which are agriculture and hotel and tourism is that ministry have agreed and acknowledge that there are some peculiarity in their coursework and  therefore should be paid in line with the peculiarities that are contained in their coursework.
CONGRESS RESOLUTION
Rari pointed out the resolutions taken at the conference where the issue of application of corporal punishment was addressed.  “BOSETU will issue out a memo to their members to advise them that they should not apply corporal punishment, they should leave it to be applied in line with the Education Act.”
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BMC sees red as mass buffaloes disrupt plans to supply schools
The Botswana Meat Commission (BMC) which had struck a deal with the Ministry of Education to supply some schools in the northern part of the country is counting losses as mass migration of buffalos jeopardize the Commission’s plans.Â
Information reaching this publication shows that the beef exporter was recently given the greenlight to supply government schools with beef. According to documents seen by this publication, as a result BMC had scheduled to buy and collect cattle in the Nata-Gweta and Boteti constituencies from 11 to 17 September.
This was after BMC and the Ministry of Education struck a deal for the former to supply government schools with beef. Letters exchanged between Ministry officials state that it has been recommended to the ministry to support BMC by allowing it to supply schools with beef products.
The Ministry indicated that it was aware that some schools have contracts that are currently running with suppliers such as local butcheries.
The Ministry revealed that at the same time BMC has 256 tins of frozen quality meat at its Maun Plant.
The Ministry requested the Director-Regional Operations to appoint an officer to manage the procurement of meat for schools that do not currently have running contracts. The Ministry further stated that Modalities of collection will be arranged between the region and the schools identified.
According to the Ministry, a list of schools including the condition of their cold rooms and their number of deliveries and kilograms per week they buy should be compiled. The Ministry also requested its officials to share the list with headquarters and the acting director-Basic Education, and engage BMC accordingly to procure.
But this plan ran into trouble after it emerged that between 300 to 500 buffalos migrated from the buffalo fence area to Nata, Dukwi and Mosetse areas.
The Department of Veterinary Services sprang into acting by revising movement protocol for cloven-hoofed animals with immediate effect following buffalo sightings in zone 3b which covers Nata/Sowa, zone 3c which is around the Dukwi areas as well as zone 6a, which covers the Mosetse area, which fall under zones, 3b, 3c, 5,6a and 8.
The Department of Veterinary Services indicated that as a result, movement of live cloven-hoofed animals and their products out of zones 3b, 3c, 5, 6a and 8 were prohibited and that movement of live cloven-hoofed animals within and into these zones is only allowed for direct slaughter at licensed slaughter facilities under veterinary movement permit issued through BAITS.
The department also indicated that the movement of fresh products derived from cloven-hoofed animals such as raw milk, skins and fresh meat into these zones is also only allowed under a similar arrangement.
Movement of live cloven-hoofed animals into these zones for rearing and other purposes will not be allowed, and farmers and the general public is requested to continue being vigilant and report any buffalo sightings to the nearest veterinary office, the police or the Department of Wildlife and National Parks, the department said.
Meanwhile the Ministry of Agriculture has stated that following the press release on prohibition of movement of live cloven-hooved animals and their products in and out of Zones 3b, 3c, 5, 6a & 8, the acting Minister of Agriculture Karabo Gare, his counterpart Acting Minister of Environment, Wildlife &Â Tourism Mabuse Pule, acting Permanent Secretary in the Ministry of Agriculture Mr. Joshua Moloi, Director of Veterinary Services Dr Kefentse Motshegwa and other government officials visited the areas of Sepako and Dukwi respectively on a mission to consult with communities regarding the invasion of the places by buffalos.
Minister Gare alluded that they have been sent by the President of Botswana, who is equally worried by the current situation. He noted that the affected areas have a total of around 300000 cattle and if the situation goes unchecked, there might be detrimental effects on the economy of this country.
He encouraged the communities to help government going forward by reporting any spotted buffalos in their areas, emphasizing that buffalos are dangerous and can kill people and that care should be exercised at all times.
The Director of Veterinary Services mentioned that they closed the above mentioned zones to allow for testing of buffalos & cattle for foot & mouth disease. The wildlife department’s Director Mr. Moremi Batshabang assured farmers and the community that they will eliminate small clusters of buffalos found within communities and translocate larger clusters to ensure their safety.