Khama’s court case clashes with State of nation address
A full panel of the High Court comprising Justices Walia, Tafa, and Solomon will hear arguments in a case where the Law Society of Botswana (“the LSB”) and Attorney Omphemetse Motumise are challenging the decision of President Lt Gen Dr Ian Khama to reject the recommendation of the Judicial Service Commission to appoint Motumise as a judge of the High Court.
The hearing will be at the Gaborone High Court on Monday, 9 November 2015 at 9.30 am. Procedurally President Khama could be expected to appear in court Monday morning before his state of the nation address in Parliament later in the afternoon to answer for a case in which he is being accused of interfering with the Judiciary.
The applicants in the matter, the LSB and Motumise, contend that the President’s decision to refuse to appoint Motumise is unconstitutional and unlawful and have approached the High Court to review the said decision and set it aside.
The Law Society’s legal team comprises of Advocate Wim Trengove SC instructed by Rantao Kewagamang Attorneys. Technical Support will also be offered by the Southern Africa Litigation Centre (SALC). The Attorney General has instructed Advocate Mohammad Albertus SC and Advocate Grant Quixley to argue on President Khama’s behalf.
President Khama is being accused of violating the country’s constitution by refusing to appoint a local attorney, Motumise as a Judge of the High court even though he was recommended by the Judicial Service Commission for appointment.
Khama has already stated through filed papers that his decision was final and is not subject to review by the court as he has the “power,” to decline to appoint a candidate who has been recommended by the JSC.
His lawyers are expected to address this point on Monday.
“I am advised, for reasons that will be more fully addressed at the hearing of this matter that my aforesaid decision is not susceptible to review by this honourable court. Alternatively, should this court find that my said decision is indeed reviewable, that I have a discretion under section 96 (2) of the Constitution to decline to appoint candidates recommended for appointment by the JSC as judges of the High Court,” Khama had filed his contention.
In as far as the discretion reposed in him is concerned Khama says he exercised it duly, properly and lawfully.
“I have further been advised that the submissions advanced in the JSC’s affidavit concerning the interfacing between my powers and duties and those of the JSC under section 92 (2) of the constitution and the reviewability of my decision not to appoint the Second Applicant as a Judge of the High Court are sound and legally correct for reasons that would be more fully argued at the hearing of this matter,” the President further stated.
It remains to be seen whether indeed the President would not divulge his “valid reasons” to court as to why he rejected Motumise as he had vowed.
The case is between President Khama, The JSC, Motumise and the Law Society of Botswana (LSB). JSC is being sued for agreeing with Khama to recommend a different name for appointment after he rejected Motumise.
The LSB is standing with Motumise on this matter and maintains that the case does not centre on the reviewability of President Khama’s decision not to appoint Motumise as a judge of the High court but rather the interpretation of section 96 (2) of the constitution which the President derived his powers from.
In addition to the order reviewing and setting aside of the President’s decision not to appoint Motumise, the duo seek further declaratory relief in relation to Khama’s powers in terms of section 96(2) of the constitution and the conduct of the JSC in matters relating to the appointment of judges.
African Scientists and Experts Call for the adoption of a Harm Reduction in approach in Public Health Strategies and Tobacco Control. Media have a critical role to play in accelerating Harm Reduction efforts by informing and sensitizing cigarette smokers on the availability and benefits of alternative, potentially lower risk products to cigarretes. Traditional cessation and smoking prevention norms are not the only ways that smokers who cannot or donâ€™tâ€™ want to quit can make healthier choices that cause less harm to themselves and those around them.
This was said during the 2nd Harm Reduction Exchange conference for African journalists held in Nairobi, Kenya on the 1st of December 2022. Speaking at the Harm Reduction Exchange Conference, Integra Africa Principal Dr. Tendai Mhizha emphasized the role that journalists and media houses should play in handling misinformation and disinformation in tobacco harm reduction discourse that is actually perpetuating the death and disease caused by people continuing to smoke combustible cigarettes. â€śThere has been a lot of disinformation surrounding the topic of nicotine and the alleged negative effects that e-cigarettes have on public health.
This has led to policies that disfavour risk reduces products and narratives that completely deny their benefits. The media have the difficult responsibility to curb the scourge of disinformation and misinformation on harm reduction just like on other socio-political stances that are prescriptive and do not uphold consumersâ€™ right to healthier lifestyle choices,â€ť Dr Mhizha said.
The Harm Reduction Exchange cast a spotlight on alternative ways to reduce harm among tobacco smokers. Held under the theme Harm Reduction: Making a difference in Africa, the conference focused on the progress being made through harm reduction strategies in all fields related to public health such as drug and alcohol abuse, excessive sugar consumption, skin lightening and other addictive and behavioral practices. A wide array of harm reduction strategies and initiatives that are deployed towards reducing unnecessary deaths through non-communicable diseases were presented and discussed.
It applies to areas where there is a need to reduce the harm associated with a practice or consumption of a substance that is overused in society leading to increased morbidity and mortality. â€śInnovative Harm Reduction initiatives will help to keep more Africans alive. Tobacco Harm Reduction initiatives, including the use of popular e-cigarettes, nicotine patches and chewing gums, have continued to generate a lot of misunderstanding in both the public health community and in the media. However, there is evidence that the use of potentially less harmful alternatives than cigarettes for those who are not willing or cannot give up smoking with currently approved methods may be a solution, not necessarily the best for everyone but by far better than continuous smoking.
Tobacco Harm Reduction was introduced to mitigate the damage caused by cigarette smokingâ€”the most dangerous form of tobacco use, and the leading cause of preventable diseases, including cardiovascular disease, lung cancer, and chronic obstructive pulmonary disease. â€śNicotine has an addictive potential but plays a minor role in smoking-related morbidity and mortality. Across the world, there is growing interest among experts in novel approaches towards tobacco control and there is an ongoing discussion that reducing the negative effects of smoking can be also achieved by tobacco harm reduction,â€ť Dr. Kgosi Letlape, an ophthalmologist and President of Africa Medical Association and the president of the Association of Medical Councils of Africa, said.
Tobacco cessation is a key factor in the prevention of cardiovascular diseases and cancer. Abstinence from tobacco smoking is one of the primary goals for health promotion and management globally but it is unachievable in a huge amount of cases. This task remains unaccomplished despite extensive public campaigns on the health dangers of tobacco smoking. Thus, the development of novel strategies to reduce smoking is imperative. Moreover, the use of innovations in smoking products has been currently adopted by several smokers to reduce the health risks of smoking.
â€śThe Harm Reduction approach prevents drug-related deaths and overdose fatalities and is the only way out for addicts. In the same way these alternative technologies can reduce tobacco harm and accelerate the journey to a smoke-free world as they reduce exposure to toxicants,â€ť Bernice Apondi, A Policy Manager at Voices of Community Action and Leadership Kenya (VOCAL-Kenya), said.
During the Harm Reduction Exchange, journalists drawn from Southern, West and East African countries, including: Nigeria, Botswana, Ethiopia, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, Eswatini, Tanzania, Uganda, South Africa, Zambia, and Zimbabwe debated and set forth several resolutions in regards to the present and future as well as the challenges and progress made in Harm Reduction,and science-led regulation.
The Harm Reduction Exchange brought together high-level policy makers, physicians, scientists and health policy experts with media stakeholders from Africa in a lively mix of speeches, presentations, and panel discussions. The key note speakers included Prof Abdoul Aziz Kasse, Ms Bernice Opondi, Joseph Magero, Jonathan Fell, Chimwemwe Ngoma, Clive Bates, Dr. Kgosi Letlape, Dr. Vivian Manyeki and Dr. Tendai Mhizha.
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.