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Families of Police helicopter crash victims sue

The families of  three Police officers who tragically perished in an aircraft crash in the Gumare/Maun area in April 2014, have taken the former employer, Botswana Police Service (BPS) to court seeking orders for the release of the detailed report of the crash.

In papers before the Lobatse High Court, the three families seek the court to compel the BPS to release the report on the premise of legitimate expectation owing to its assurance to avail the report in a letter dated 9th May 2014. The letter signed off by one G. Bontseng tersely states that, “Investigations are on-going to determine the cause of the accident. Relatives would be issued with a Police Report after investigations are concluded.”

Almost two years on, the families have not received the report and they are demanding it on the basis that, as members of the deceased officers, they deserve to know the cause of the accident in question so that they may find closure and advise themselves as far as their rights are concerned.

They continue to state that they seek materials relating to the aircraft crash of A350 Euro-copter bearing call sign BPS 02 including all statements taken from persons by accident investigators in the course of their investigations. Their request for orders also include the release of all cockpit voice recordings and transcripts from such recordings of the aircraft, from the 20th April 2014 to the date of the accident as well as all communications between persons who were involved in the operation of the same aircraft from 20thApril 2014 to the date of the accident inter alia air traffic control and radar communications.

They also seek the court to compel BPS to release all the opinions expressed in the analysis of information including the flight recorder information as well as all the piloting crew’s licenses indicating both aircraft type and class ratings, recency and currency requirements, whether they had night and instrument flying ratings, qualifications, most recent aviation medical certificates and record of fitness, performance and or capabilities under the circumstances in terms of Section 48 of the civil Aviation Act.

The families represented by attorney Malcom Gobhoza, also want Civil Aviation Authority of Botswana (CAAB) to release all meteorological records of Gumare to Maun (Okavango Delta region) from the 19th April 2014 up to 24th April 2014, service records of the aircraft including latest compass swing report, certificate of airworthiness and registration of the aircraft as well as records of flight plan of the crashed aircraft for the date of 20th April 2014.

However Advocate Charles Gulubane representing Botswana Police Service submitted that even though the families do not expressly and specifically state, what they are matter of factly seeking is a pre-litigation discovery of documents that may be used for future litigation and wish for the families’ application to collapse since there is no pending litigation between the parties.

He also continues that the rules of court do not provide for such discovery and that the documents sought by the three families are considered privileged documents and therefore not subject to disclosure.

Civil Aviation Authority of Botswana also states that while it has a role in its founding Act to provide specified aviation meteorological services through the National Meteorological Service to all aircrafts, it does not provide for the preparation and dissemination of reports to third parties. It also states that its founding Act only provides for the issuing of certificates of airworthiness and registration of aircrafts, but not dissemination of records to the public.

CAAB continues to counter that the Minister of Transport and Communications may make regulations pertaining to air routes and that person operating aircrafts are obliged to the authorized air routes and that it is mandated in the Act to issue a certificate of approval to service providers undertaking maintenance on aircrafts but it is not stated that it bears the responsibility to collate and disseminate information and records to any third party of the public.

In his oral presentation before Justice Abednico Tafa, Gulubane continued to state that it was the discretion of the pilot who was piloting the tragic aircraft to assess the weather condition before take-off. He added that the case only constitutes a ‘fishing expedition as the applicants want a search warrant of a civil nature’ and it is not the role of the court to assist people who want to sue in building a case. He continued that a police report is privileged dossier which cannot be freed for persons to take home and just go over it.

Gobhoza also reiterated that the families only want the privileged report for purposes of closure and that other materials are not being sought for purposes of apportioning blame.

Botswana police Superintendents, Keokeditswe Sobatha, Ricardo Mabotho and assistant superintendent Shepherd Ntobedzi were killed when a helicopter they were piloting crashed on 20th of April 2014 in the Gumare/Maun wilderness on an anti-poaching mission.

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Masisi to dump Tsogwane?

28th November 2022

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.

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African DFIs gear to combat climate change

25th November 2022

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.

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TotalEnergies Botswana launches Road safety campaign in Letlhakeng

22nd November 2022

Letlhakeng:TotalEnergies Botswana today launched a Road Safety Campaign as part of their annual Stakeholder Relationship Management (SRM), in partnership with Unitrans, MVA Fund, TotalEnergies Letlhakeng Filling Station and the Letlhakeng Sub District Road Safety Committee during an event held in Letlhakeng under the theme, #IamTrafficToo.

The Supplier Relationship Management initiative is an undertaking by TotalEnergies through which TotalEnergie annually explores and implements social responsibility activities in communities within which we operate, by engaging key stakeholders who are aligned with the organization’s objectives. Speaking during the launch event, TotalEnergies’ Operations and HSSEQ,   Patrick Thedi said,  “We at TotalEnergies pride ourselves in being an industrial operator with a strategy centered on respect, listening, dialogue and stakeholder involvement, and a partner in the sustainable social and economic development of its host communities and countries. We are also very fortunate to have stakeholders who are in alignment with our organizational objectives. We assess relationships with our key stakeholders to understand their concerns and expectations as well as identify priority areas for improvement to strengthen the integration of Total Energies in the community. As our organization transitions from Total to Total Energies, we are committed to exploring sustainable initiatives that will be equally indicative of our growth and this Campaign is a step in the right direction. ”

As part of this campaign roll out, stakeholders  will be refurbishing and upgrading and installing road signs around schools in the area, and generally where required. One of the objectives of the Campaign is to bring awareness and training on how to manage and share the road/parking with bulk vehicles, as the number of bulk vehicles using the Letlhakeng road to bypass Trans Kalahari increases. When welcoming guests to Letlhakeng, Kgosi Balepi said he welcomed the initiative as it will reduce the number of road incidents in the area.

Also present was District Traffic Officer ASP, Reuben Moleele,  who gave a statistical overview of accidents in the region, as well as the rest of the country. Moleele applauded TotalEnergies and partners on the Campaign, especially ahead of the festive season, a time he pointed out is always one with high road statistics. The campaign name #IamTrafficToo, is a reminder to all road users, including pedestrians that they too need to be vigilant and play their part in ensuring a reduction in road incidents.

The official proceedings of the day included a handover of reflectors and stop/Go signs to the Letlhakeng Cluster from TotalEnerigies, injury prevention from tips from MVA’s Onkabetse Petlwana, as  well as  bulk vehicle safety tips delivered from Adolf Namate of Unitrans.

TotalEnergies, which is committed to having zero carbon emissions by 2050,  has committed to rolling out the Road safety Campaign to the rest of the country in the future.

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