Connect with us
Advertisement

Botswana at 50: Pastors rebuke ‘sinners’

EFB leader Master Matlhaope

As the country celebrates its golden jubilee, the Evangelist Fellowship of Botswana (EFB) which is an umbrella body of Pentecostal churches in Botswana has reflected on the country’s journey to 50 years of independence, noting achievements as well as shortfalls and concerns that the nation faces.

A Christian based organization, EFB has sensitized the nation on trends of emerging spiritual challenges, likely to undermine scriptural foundations of the gospel and to be a prophetic voice of the nation.

Never too shy to submit their voice on issues of national importance, EFB says in discharging their objectives they are guided by unshakeable values of being assertive and candor to “God mandated course.”    

EFB takes a swipe at proponents of homosexuality, prostitution, abortion

Although some weighty voices have so far called for legalization of homosexuality, prostitution and abortion like that of former President Festus Mogae, renowned human rights lawyer Uyapo Ndadi, law maker representing Mahalapye East Botlogile Tshireletso, EFB this attacked them through a statement seen by Weekend Post- for their ‘unholy’ stance.

Outspoken EFB leader Master Matlhaope stated that “as we begin another journey of fifty years, we would like to once again, register our objection to certain calls for legalization of certain social aberrances.” He asserted that the call for the legalisation of homosexuality, prostitution and abortion in the name of human rights is deviant from “our nation's foundation and would lead us into a serious moral precipice”.

According to the blunt Pastor, these so called rights go against the very core and foundation that has held this nation intact in its respect for culture, sanctity of human life and its identity as a God fearing nation.

“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,” he cautioned.  

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 recent Afrobarometer research. The study indicated that majority of Batswana abhor and shun it, as per “the bible and tswana customs”.

The umbrella body of ‘fire churches’ maintained that Botswana should not allow herself to be pressurized by 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.

On abortion, the EFB leader asserted that it was the mother’s right to control her body under normal circumstances, but when she is carrying another human being within her body there is a conflict of two rights: the baby's right to live and the mother's right to control her body. “We contend as EFB that the right to live is supreme.”

Abortion, Matlhaope continued, does not solve the circumstances of conception but adds more evil to it and that no problem should be solved by killing innocent babies.

He also dispelled prostitution adding that it’s abominable and degrades a woman's worth. “God has vested a high worth and dignity upon all humans, and we must not enact laws that take away the dignity and worth of women through the commercialization and commoditisation of their bodies and their God given femininity,” the maverick Pastor insisted.

The contentious “man of God” appealed to Batswana in general to be steadfast and fearless in standing for what they believe is right for them and their nation.

Meanwhile former president Festus Mogae has publicly declared that homosexuality and sex work should be decriminalized in Botswana to assist curtail the spread of HIV/AIDS, as various studies identified them as catalysts to the scourge.

In addition, Human rights attorney Uyapo Ndadi has also avowed that there be decriminalisation of homosexuality and prostitution as they are fundamental rights of a human being and also personal choices that no one including government should temper with.

More organisations including Botswana Network of Ethics, law and HIV/AIDS and Lesbians, Gays and bisexuals of Botswana (LEGABIBO) have also been categorically vocal and gigantic proponents of legalization of homosexuality and prostitution.   

Botswana comes from far, still maintains peace, political stability

The church organization has also encouraged that people of Botswana come together to give thanks to the Lord as we celebrate the  country’s independence.

“EFB would like to take this opportunity to thank the Almighty God for bringing us into a golden jubilee as an independent nation. We would also like to take this time and wish all Batswana a blessed, prosperous, peaceful, and happy 50th year anniversary. We may not have achieved all our goals and realised all our dreams but, with God Botswana has a future,” Matlhaope declared.

“The country has moved from being one of the poorest nations, to a high middle income nation, achieved reduction of illiteracy, maintained peace and political stability, developed health facilities and road networks amongst many others.”

According to the EFB leader, the nation is nevertheless faced with challenges as is common in life. Although HIV & AIDS has been contained to a large extent, he said it still poses a threat to our nation's health and prosperity. He added that drugs, alcohol and substance abuse still remain a challenge as we see many lives with potential being destroyed by the same. “We implore every Motswana to take full responsibility by making healthy choices and abiding by principles which lead to a long healthy life and prosperity,” he advised.  

Matlhaope noted with sadness the scourge of ritual murders that continue to take place in this country. “The belief that one can get rich or prosper through human sacrifice is not only inhuman, but barbaric and satanic”, he pointed out. “Perpetrators of such horrendous evil should not have any place in the current and future of this nation. We appeal to all Batswana to play the role of keepers and preservers of life and to help law enforcers curb this vice, and to ensure that we build a Botswana that is free from the crime of ritual murders.”   

Pastor Matlhaope also observed that in the times when we have seen other African nations experiencing political turmoil, anarchy, genocide, economic retrogression, xenophobia, suicide bombings, civil wars along tribal lines and political affiliations, “we are grateful to God that such vices are not found within our borders.”

At 50, EFB pays tribute to Botswana founding fathers

Meanwhile, in acknowledging the country’s heroes, and while falling short of declaring Botswana a Christian nation because of its foundation, Matlhaope mentioned that, “our hearts go out to our founding fathers that laboured and laid a good Christian foundation for this beloved country; the likes of Kgosi Khama III who was married to a Christian woman called Mma Bessie and also best known as the founder of a Christian state, Kgosi Sechele I who was not only a ruler of his tribe but a missionary among his own and other African peoples.

He added that other dikgosi such as Kgosi Bathoen I, Kgosi Mathiba and many others whose history has not yet been written, played part in the “spiritual transformation that formed our foundation as a nation.”

This brief background according to him is the preponderance of the subsequent bloodless independence which we attained in 1966, adding that when other nations surrounding us shed blood for their independence, the faith of our forefathers in the ultimate sacrifice of Jesus gave us peaceful independence.

“We celebrate those who played a midwifery role to the then newly formed Republic; the likes of Sir Seretse Khama, Sir Ketumile Masire, Dr Gaositwe Chiepe and others, the various leaders in the then opposition parties like Rre Phillip Matante and Motsamai Mpho and others, the various church denominations that existed during the time.”

According to the Pastor, “We know they prayed for the peace, and tranquillity of our nation, and God granted it, and as a result we enjoy the same today for which we are truly grateful.”

The debated EFB is an umbrella of ‘fire churches’ which are evangelical, Pentecostal and Para church organisations in the country. It boasts of a membership of denominations and organisations – which have member branches across the country, and currently EFB membership stands at 79 and the voice of EFB is collective of this membership.

Continue Reading

News

BONELA speaks on same-sex decriminalization case

18th October 2021
BONELA

In June 2019, a case involving the Attorney General was brought before the High Court, in which the applicant Letsweletse Motshidiemang challenged Sections 164 (a) and 167 of the Penal Code. The applicant contended that these sections are unconstitutional because they violate the fundamental rights of liberty and privacy. 

The applicant argued that these sections violated his right and freedom to liberty as he was subject to abject ignominy. These laws subjected the LGBTIQ community to brutal and debasing treatment through social control and public morality. On the 1st of November 2017, the Botswana High Court further allowed Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) to join the case as amicus curiae.

However, in July 2019, the respondents, in this case, i.e. the Government, filed an appeal against this iconic High Court ruling seeking re-criminalization of homosexuality. Human Rights Group has criticized this move of the Government all over the world.  The appeal was heard before five judges at the Court of Appeal on Tuesday. The State was represented by Advocate Sidney Pilane, while LEGABIBO and Letsweletse Motshidiemang were represented by Tshiamo Rantao and Gosego Rockfall Lekgowe, respectively.

Non-Governmental Organizations advocating for the LGBTIQ+ community joined the two parties at the Court of Appeal during this case. They argue that the minority group should enjoy their rights, especially the right to privacy and health. Botswana Network on Ethics, Law and HIV/AIDS (BONELA) Chief Executive Officer, Cindy Kelemi says the issues being raised by LEGABIBO are that as individuals belonging to the LGBTIQ community, they have and must share equal rights, including the right to privacy, which also speaks to being able to involve in sexual activities, including anal sex.

“Those rights are framed within the constitution, and therefore a violation of any of those rights allow them to approach the courts and seek for redress. We do not need the law to be regulating what we do in the privacy of our homes. The law cannot determine how and when we can have sex and with who, so the law does not have any business in that context. What we are saying is that the law is violating the right to privacy,” she said on the sidelines of the decriminalization case in Gaborone on Tuesday.

The first case involving the homosexual act was the Utjiwa Kanane vs the State in 2003. Contrary to section 164(c) of the Penal Code, Kanane was charged with committing an unnatural offence and engaging in indecent practices between males, contrary to section 167. The conduct at issue involved Graham Norrie, a British tourist, and occurred in December 1994. (Norrie pleaded guilty, paid a fine, and left the country.)

Kanane pleaded not guilty, alleging that sections 164(c) and 167 both violated the constitution. The High Court ruled that these sections of the Penal Code did not violate the constitution. Kanane then appealed to the Court of Appeal. BONELA CEO recalls that in its judgment then, the High Court indicated, Batswana were not ready for homosexual acts. Twenty years later, the same courts are saying that Batswana are ready, she says.

“They gave the explicit example that shows that indeed Batswana are ready. There are policies and documents in place that accommodate people from marginalized communities and minority populations. The question now is that why is it hard now to recognize the full rights of an individual who is of the LGBTI community?” She further says intimacy is only an expression. The law that restricts homosexuality makes it hard for LGBTIQ members to express themselves in a way that affirms who they are.

“We want a situation where the law facilitates for the LGBTIQ community to be free and express themselves. The stigma that they face in communities is way too punitive. They are called names; some have been physically violated and raped at times. It shows that the law doesn’t not only prevent them from expressing themselves, it also exposes them to violence.” The law on its own, Kelemi submits, cannot change the status quo, adding that there is a need for more awareness and education on human rights and what it means for an individual to have rights.

“As it is now, it is very tough for some to do that because of a legal environment that is not enabling. We also want to see a situation where LGBTIQ+ people can access services and be confident that they are provided with non-discriminatory services. It is challenging now because health care providers, social workers and law enforcement officers believe that it is illegal to be homosexual. What we are saying is that if you have an enabling law, then that will facilitate for people to be able to express themselves, including accessing health services,” Kelemi said.

“As we are doing this advocacy work, one of the issues that we picked up is that there is lack of capacity, especially on the part of healthcare workers. We noted that when we provide services or mobilize Men who have sex with other men (MSM) to access health facilities, health care workers are not welcoming, forcing them to hideaway. We must put an end to this to allow these people the freedom that they equally deserve.”

Continue Reading

News

Masisi warns Gov’t officials

18th October 2021
President Masisi

The President, Dr Mokgweetsi Masisi, has declared as an act of corruption the attitude and practice by government officials and contractors to deliver projects outside time and budget, adding that such a practice should end as it eats away from the public coffers.

For a very long time, management problems and vast cost overruns have been the order of the day in Botswana, resulting in public frustrations. Speaking at the commissioning of the Masama/Mmamashia 100 Kilometres project this week, Masisi said: “There is a tendency in government to leave projects to drag outside their allocated completion time and budget. I want to stress that this will not be tolerated. It is an act of corruption, and I will be engaging offices on this issue,” Masisi said.

In an interview with this publication over the issue, the Director-General of the Directorate on Corruption and Economic Crime (DCEC), Tymon Katholo, says, “any project that goes beyond its scope and budget raises red flags.” He continued that: “Corruption on these issues can be administrative and criminal. It may be because government officials have been negligent or been paid to be negligent by ignoring certain obligations or procedures. “This, as you may be aware has serious implications on not only of the economy but even the citizens who use these facilities or projects,” Katlholo said, adding that his agency is equally concerned.

According to the DCEC director, the selection, planning and delivery of infrastructure or projects is critical. In most cases, this is where the corruption would have occurred, leading to a troubled project. A public finance expert at the University of Botswana (UB), Emmanuel Botlhale, attributes poor project implementation to declining public accountability, lack of commitment to reforming the public sector, a decline in the commitment by state authorities and lack of a culture of professional project management.

In his research paper titled, ‘Enhancing public project implementation in Botswana during the NDP 11 period,’ Botlhale stated that successful implementation is critical in development planning. If there is poor project implementation, economic development will be stalled.
Corruption is particularly relevant for large and uncommon projects where the public sector acts as a client, and experts say Megaprojects are very likely to be affected by corruption. Corruption worsens both cost and time performance and the benefits expected from such projects.

Speaking during this week’s Masama/Mmamashia pipeline commissioning, Khato Civils chairman said Africans deserve a chance because they are capable, further adding that the Africans do not have to think that only Whites and Chinese people can do mega projects.  During his rule, former president Ian Khama went public to attack Chinese contractors for costing the government a move that ended up fuelling tensions between China and Botswana after Khama dispatched the then Minister of Foreign Affairs, Pelonomi Venson Moitoi, to China to register Botswana’s complaints with Chinese government-owned construction companies.  Botswana had approached the Chinese government for help in its marathon battle with Chinese companies contracted to build, among others, the failed controversial Morupule B power plant and refurbishment of Sir Seretse Khama International Airport (SSIK).

 

Continue Reading

News

Guma’s battle for millions of Pula give Court headache

18th October 2021
Guma Moyo

A legal battle between former Botswana Democratic Party (BDP) legislator Samson Moyo Guma and First National Bank (FNB) over a multimillion oil refinery project intensified this week with Justice Zein Kebonang referring the matter to Court of Appeal for determination.  The project belongs to Moyo Guma’s company called United Refineries which he has since placed under judicial management.

The war of words between Moyo Guma and FNB escalated after the company’s property worth millions of Pula were put up for sale in execution by the bank and scheduled to take place on 8th October. It emerges from Court papers that the bank had secured an order from the High Court to place the company’s property under the hammer.

Moyo Guma then also approached the High Court seeking among others that the public auction scheduled for 8th October 2021 be stayed. He contended that the assets that were to be sold belonged in reality to United Refineries and that as the company had been under judicial management at the time of the attachment, the intended sale in execution was unlawful.

He also sought the Court to declare that the writs of execution against the properties of guarantors and sureties of United Refineries Botswana Holdings Propriety Limited (the company) are unlawful.  Moyo Guma also sought a stay of the execution against the property known as Plot 43556 in Francistown, that is, the land buildings, plant and machinery which make up the property and any all immovable or movable property belonging to the guarantors and sureties of the company pending finalization of the winding up of United Refineries.

But FNB disputed Moyo Guma’s assertions and submitted that the properties in question belonged to TEC (Pty) Ltd and not United Refiners. TEC Pty Ltd which is one of the shareholders in United Refineries is one of the sureties and co-principal debtors of a debt amounting to P24 million owed by United Refineries to FNB.  FNB argued in papers that the properties belonged to TEC because it was TEC which had passed a covering mortgage bond in its favour over the property it now sought to execute.

Moyo Guma submitted that the covering mortgage bond passed in favour of FNB did not tell the full story as the property in question was in truth and fact owned by United Refineries and not TEC Pty Ltd. He maintained that the shares had been had been passed by the company in exchange for the properties in question and that the parties had always been guided by the spirt of the share agreement in dealing with each other despite delays in the change or transfer of ownership of plots 43556 and plot 43557 in Francistown.

Kebonang said it was clear to him that the two plots (43556 and 435570 belonged to United Refineries notwithstanding that TEC (Pty) Ltd had passed a mortgage bond over them in favour of FNB.  “For this reason the properties were immune from attachment or sale in execution so long as the judicial management order was in place,” he said.

The background of the case is that Moyo Guma together with five other investors, namely Elffel Flats (Pty) Ltd; Mmoloki Tibe; TEC (Pty) Ltd; Profidensico (Pty) Ltd and Tiedze Bob Chapi, each bound themselves as sureties and co-principal debtors in respect of a debt owed by a company called United Refineries Botswana Holdings (Proprietary) Limited (the Company), to First National Bank Botswana (FNBB) (1st Respondent).

FNB had extended banking facilities to the company in the amount of P24 million which was then secured through the suretyship of Moyo Guma and other shareholders.  Court records show that Moyo had on the 11th February obtained a temporary order for the appointment of a provisional judicial manager in respect of United Refineries and it was confirmed by the High Court on 24th September 2019.

In terms of the final court order by the High Court issued by Justice Tshepho Motswagole all judicial proceedings against the company, execution of all writs, summons and process were stayed and could only proceed with leave of Court. Court documents also show that First National Bank had sued the company and the sureties for the recovery of the debt owed to it and through a consent order, the bank withdrew its lawsuit against the company.

But FNB later instituted fresh proceedings against Moyo Guma and did not cite the company in its proceedings.  “There is no explanation in the record as to why the Applicant was now reflected as the 1st Defendant and why the company had suddenly been removed as the 1st Defendant. There was no application either for amendment or substitution by the bank,” said Justice Kebonang.

FNB had also argued that it sought to proceed to execute against Moyo Guma and other sureties on the basis of the suretyship they signed and that by signing the suretyship agreement, Moyo and other sureties had renounced all defence available to them and could therefore be sued without first proceedings against the principal debtor (United Refineries).  The question, Kebonang said, was that can FNB proceed to execute against Moyo Guma and other sureties on the basis of the suretyship contracts they signed?

“The starting point is that the Applicant (Moyo Guma) and others by binding themselves as sureties became liable for debts of the principal debtor and such liability is joint and several. He said the consequences of placing the company under judicial management means that every benefit extended to it should also extend to sureties.

“If the company is afforded more time to pay or its debt is discharged, reduced or compromised or suspended the obligation of sureties is to be likewise treated. It follows in my view that where judicial proceedings are suspended or stayed against the company, then any recourse against the sureties is similarly stayed or suspended,’ said Kebonang.

He added that “In the circumstances of this case, it seems to me that so long as the company is under judicial management, the moratorium that applies to it must also apply to its sureties/guarantors and no execution of the writs should be permitted against them. Any execution would be invalid.”

“Mindful that there is judicial precedent on this point in Botswana, at least none that I am aware of, and given its significance, I consider it prudent that the Court of Appeal must provide a determinative answer to the question whether a creditor can proceed against sureties where a company is under judicial management,” said Kebonang.

Pending the determination of the Court of Appeal, he issued the following order; the execution of writs issued in favour of FNB against Moyo and other sureties/guarantors of United Refinery are hereby stayed pending the determination of the legal question referred to the Court of Appeal.

Continue Reading
Do NOT follow this link or you will be banned from the site!