Martin Dingake of Dingake Law Partners
Following hurdles and long court battles, the government of Botswana has finally deported two Ugandan refugees who were incarcerated at the Dukwi refugee camp – while clearly acting in contempt of court.
The refugees, Musa Isabirye and Timothy Yamin had complained over living poor conditions and harassment by security agents at the migrant camp where they were residing prior to deportation.
In a court order, government was warned against deporting the Ugandan refugees. In fact, the order which was released on 23 October 2015 by Francistown High Court had barred the government or anyone from deporting them.
The court order stated that: “the respondents or anyone acting under their authority are prohibited and/or interdicted from deporting the applicants until the application for an interim interdict is determined to its finality.”
It further ruled that “the notice prohibiting applicants (refugees) legal representatives from consulting their clients is declared unconstitutional, irrational and unlawful. The applicants’ legal representatives are hereby permitted to consult applicants.”
WeekendPost can confirm that the refugees were on Monday night (26 October 2015) around 10pm last week deported under harsh circumstances.
In addition, their lawyer Martin Dingake of Dingake Law Partners was denied access to properly consult with them prior to their extradition, following their brief detention at Sir Seretse Khama Airport police station.
Government senior attorney at the Attorney General chambers Morulaganyi Chamme also confirmed in an affidavit, in which the refugees’ had filed an application for contempt of court based on their lawyers alleged denial of access to consult with them, that “my information is that the applicants (refugees) are no longer in the custody or control of people before the court in the current proceedings, because they were deported on the 26th October.”
Chamme said he however never discussed the court order with the Commissioner of Police and of Prisons and Rehabilitation. He said his concentration was on the deportation which was controlled by the Department of Immigration.
Meanwhile, a lawyer representing the Ugandan refugees, Martin Dingake said that the deportation is unfortunate as it points out to a contempt of court order.
“I therefore cannot deny nor confirm it but I have absolutely no reason to disbelieve it, coming as it does, from a person of Chamme’s rank within the AG’s chambers,” he told this publication.
Chamme, the AG senior official defended government and justified the contempt of court: “there is no evidence that the Attorney General, Commissioner of Police and Commissioner of Prisons and Rehabilitation have willfully disobeyed the court order. The founding affidavit clearly shows that the Commissioner of Prisons was completely removed from the conduct complained of. I aver that Attorney General Officials and to promote compliance with it. The rest of the respondents will explain their roles but my instruction are that they did not intend to disobey the order of court.”
Assistant Superintendent and deputy Station Commander at Sir Seretse Khama Airport Police Station, where the refugees were detained before being booted out of the country, Unoziba Rari also stated in the responding affidavit that “it has never been the intention of government to disobey any court order.” In fact he said the deportation of refugees is a preserve of the Immigration Department, which only provide support service, such as a holding cell, where necessary.
Rari also armored supervision saying: “all deportation decisions are made and affected by immigration department, hence, there is no way that we could act to the contrary of a court order in an immigration department case.”
As a consequence, Dingake stated in his replying affidavit on 3 November 2015 that he therefore “seek an order in terms of the draft order and will edge the court at the hearing of this matter, that the contempt as regards deportation be referred to oral evidence so that the key players are identified and each answer as to their role and can be examined and cross-examined.”
Most surprisingly, Dingake said the deponent does not explain how it could be that after an order was obtained interdicting the government or its officials from deporting the applicants while the deportation was nevertheless carried out.
“It is not difficult to see why the deponent would not have been firm with the Director as regards the order. This is mostly so because of the deponent’s attitude towards the court order, an attitude that was to play a role, one way or the other about not just refusal to allow me an opportunity to consult clients but also to have them deported in the middle of the night and under the cover of darkness,” the refugees prominent lawyer punched maintained.
He stressed that there can be no wilful disobedience of a court order other than this, done with the condonation of the office of the Attorney General and its officers, amongst whom the deponent is a senior member of.
“The Attorney General and her officers have thus degraded our values as a constitutional democracy because of misgivings they have about a court order and about which they have done absolutely nothing or very little, if any, to challenge.”
Meanwhile, when contacted for comment, Minister of Labour and Home Affairs Edwin Batshu who authorizes deportations said he does not know whether the Ugandan refugees have been extradited. “Please check with Shaw Kgathi as he manages refugees,” he told WeekendPost in a telephonic brief interview.
This publication then contacted Minister for Defense, Justice and Security (MoDJS) Shaw Kgathi who fumed at this newspaper when asked to ascertain if indeed Ugandan refugees and Eritrean asylum seekers as well as lawyer Salbany have been or are in the process of being deported: “whoever told you that will tell you the whole story,” adding that “I am in a meeting” before he hung up the phone.
According to Public Relations Officer in the MoJDS Samma Tabudi, “we do not have any refugees in Botswana as their status was long revoked in terms of section 11 (a) of the Refugees (Recognition and Control) Act (CAP 25:01).”
Tabudi however would not elaborate more on why they were repealed and on the other hand Dingake insisted that his clients are and were security threats and the deponent does not say how they are threats to national security.
10 Eritrean asylum seekers may seek resettlement
In a related matter, Lobatse High Court previously ruled against government’s move to refuse to grant 10 Eritrean football players who were requested asylum after losing 3 – 1 to Botswana national team in the 2018 world cup qualifiers – citing human rights violations in their country.
WeekendPost has established that the players will eventually exit the borders of Botswana and be resettled in another country believed to be in Southern Africa. It is not clear yet as to why the government is booting out the asylum seekers.
A lawyer representing the Eritrean asylum seekers Dick Bayford of Bayford Associates told this publication that government has been speaking to United Nations High Commissioner for Refugees (UNHCR) about their resettlement.
“The 10 Eritrean football players seeking for refugee status currently in Botswana will be moved to another country that is at least not of their origin,” Bayford highlighted. The notorious lawyer known for fighting gigantic battles with government said the resettlement of the Eritreans is now being discussed with countries that will host them.
Through Bayford’s facilitation, as sanctioned by Eritrea Movement for Democracy and Human Rights, the Eritrean asylum seekers were relieved by a High Court ruling in Lobatse on October, 19, which interceded and ruled in errand of the
Eritrean players which obligated the government to climb down on their prior move and agreed to grant them asylum.
The players have since been kept at an illegal immigrant detention centre.
However, when addressing a Botswana Democratic Party (BDP) media briefing this week Kgathi denied allegations that Botswana has somehow withdrawn Eritrean football players’ asylum.
He was saying this in light of a leaked letter from Permanent secretary, Segakweng Tsiane to the United Nations High Commission for Refugees (UNHCR) stating that the ten players should seek asylum elsewhere.
19 Bokamoso Private Hospital nurses graduate at Lenmed Nursing College
The graduation of 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College marks a significant milestone in their careers. These nurses have successfully completed various short learning programs, including Adult Intensive Care Unit, Emergency Nursing Care, Anaesthetic & Recovery Room Nursing, Anaesthetic Nursing, and Recovery Room Nursing. The ceremony, held in Gaborone, was a testament to their hard work and dedication.
Lenmed Nursing College, a renowned healthcare group with a presence in South Africa, Botswana, Mozambique, and Ghana, has been instrumental in providing quality education and training to healthcare professionals. The Group Head of Operations, Jayesh Parshotam, emphasized the importance of upskilling nurses, who are at the forefront of healthcare systems. He also expressed his appreciation for the partnerships with Bokamoso Private Hospital, the Ministry of Health, and various health training institutes in Botswana.
Dr. Morrison Sinvula, a consultant from the Ministry of Health, commended Lenmed Health and Lenmed Nursing College for their commitment to the education and training of these exceptional nurses. He acknowledged their guidance, mentorship, and support in shaping the nurses’ careers and ensuring their success. Dr. Sinvula also reminded the graduates that education does not end here, as the field of healthcare is constantly evolving. He encouraged them to remain committed to lifelong learning and professional development, embracing new technologies and staying updated with the latest medical advancements.
Dr. Gontle Moleele, the Superintendent of Bokamoso Private Hospital, expressed her excitement and pride in the graduating class of 2023. She acknowledged the sacrifices made by these individuals, who have families and responsibilities, to ensure their graduation. Dr. Moleele also thanked Lenmed Nursing College for providing this opportunity to the hospital’s nurses, as it will contribute to the growth of the hospital.
The certificate recipients from Bokamoso Private Hospital were recognized for their outstanding achievements in their respective programs. Those who received the Cum Laude distinction in the Adult Intensive Care Unit program were Elton Keatlholwetse, Lebogang Kgokgonyane, Galaletsang Melamu, Pinkie Mokgosi, Ofentse Seboletswe, Gorata Basupi, Bareng Mosala, and Justice Senyarelo. In the Emergency Nursing Care program, Atlanang Moilwa, Bakwena Moilwa, Nathan Nhiwathiwa, Mogakolodi Lesarwe, Modisaotsile Thomas, and Lorato Matenje received the Cum Laude distinction. Kelebogile Dubula and Gaolatlhe Sentshwaraganye achieved Cum Laude in the Anaesthetic & Recovery Room Nursing program, while Keletso Basele excelled in the Anaesthetic Nursing program. Mompoloki Mokwaledi received recognition for completing the Recovery Room Nursing program.
In conclusion, the graduation of these 19 nurses from Bokamoso Private Hospital at Lenmed Nursing College is a testament to their dedication and commitment to their profession. They have successfully completed various short learning programs, equipping them with the necessary skills and knowledge to excel in their respective fields. The collaboration between Lenmed Nursing College, Bokamoso Private Hospital, and the Ministry of Health has played a crucial role in their success. As they embark on their careers, these nurses are encouraged to continue their professional development and embrace new advancements in healthcare.
BNF secures 15 constituencies in UDC coalition, wants more
The Botswana National Front (BNF) has recently announced that they have already secured 15 constituencies in the Umbrella for Democratic Change (UDC) coalition, despite ongoing negotiations. This revelation comes as the BNF expresses its dissatisfaction with the current government and its leadership.
The UDC, which is comprised of the BNF, Botswana Peoples Party (BPP), Alliance for Progressives (AP), and Botswana Patriotic Front (BPF), is preparing for the upcoming General Elections. However, the negotiations to allocate constituencies among the involved parties are still underway. Despite this, the BNF Chairman, Patrick Molotsi, confidently stated that they have already acquired 15 constituencies and are expecting to add more to their tally.
Molotsi’s statement reflects the BNF’s long-standing presence in many constituencies across Botswana. With a strong foothold in these areas, it is only natural for the BNF to seek an increase in the number of constituencies they represent. This move not only strengthens their position within the UDC coalition but also demonstrates their commitment to serving the interests of the people.
In a press conference, BNF Secretary General, Ketlhafile Motshegwa, expressed his discontent with the current government leadership. He criticized the ruling Botswana Democratic Party (BDP) for what he perceives as a disregard for the well-being of the Batswana people. Motshegwa highlighted issues such as high unemployment rates and shortages of essential medicines as evidence of the government’s failure to address the needs of its citizens.
The BNF’s dissatisfaction with the current government is a reflection of the growing discontent among the population. The Batswana people are increasingly frustrated with the lack of progress and the failure to address pressing issues. The BNF’s assertion that the government is playing with the lives of its citizens resonates with many who feel neglected and unheard.
The BNF’s acquisition of 15 constituencies, even before the negotiations have concluded, is a testament to their popularity and support among the people. It is a clear indication that the Batswana people are ready for change and are looking to the BNF to provide the leadership they desire.
As the negotiations continue, it is crucial for all parties involved to prioritize the interests of the people. The allocation of constituencies should be done in a fair and transparent manner, ensuring that the voices of all citizens are represented. The BNF’s success in securing constituencies should serve as a reminder to the other parties of the need to listen to the concerns and aspirations of the people they aim to represent.
In conclusion, the BNF’s acquisition of 15 constituencies, despite ongoing negotiations, highlights their strong presence and support among the Batswana people. Their dissatisfaction with the current government leadership reflects the growing discontent in the country. As the UDC coalition prepares for the upcoming General Elections, it is crucial for all parties to prioritize the needs and aspirations of the people. The BNF’s success should serve as a reminder of the importance of listening to the voices of the citizens and working towards a better future for Botswana.
Childrenâs summit to discuss funding of NGOS
One of the key issues that will be discussed by the Childrensâ Summit, which will be hosted by Childline Botswana Trust on 28th â 30th November in Gaborone, will be the topical issue of financing and strengthening of civil society organizations.
A statement from Childline Botswana indicates that the summit will adopt a road map for resourcing the childrenâs agenda by funding organizations. It will also cover issues relating to child welfare and protection; aimed at mobilizing governments to further strengthen Child Helplines; as well as sharing of emerging technologies to enhance the protection of Children and promotion of their rights.
According to Gaone Chepete, Communications Officer at Childline Botswana, the overall objective of the summit is to provide a platform for dialogue and engagement towards promoting practices and policies that fulfil childrenâs rights and welfare.
âChild Helplines in the region meet on a bi-annual basis to reflect on the state of children; evaluate their contribution and share experiences and best practice in the provision of services for children,â said Chepete.
The financing of non-governmental organizations (NGOs) by the state or its functionaries has generated mixed reactions from within the civil society space, with many arguing that it threatened NGOs activism and operational independence.
In February 2019, University of Botswana academic Kenneth Dipholo released a paper titled âState philanthropy: The demise of charitable organizations in Botswana,â in which he faulted then President Lieutenant General Seretse Khama Ian Khama for using charity for political convenience and annexing the operational space of NGOs.
âCivil society is the domain in which individuals can exercise their rights as citizens and set limits to the power of the state. The state should be developing capable voluntary organizations rather than emaciating or colonizing them by usurping their space,â argued Dipholo.
He further argued that direct involvement of the state or state president in charity breeds unhealthy competition between the state itself and other organizations involved in charity. Under these circumstances, he added, the state will use charity work to remain relevant to the ordinary people and enhance its visibility at the expense of NGOs.
âA consequence of this arrangement is that charitable organizations will become affiliates of the state. This stifles innovation in the sense that it narrows the ability of charitable organizations to think outside the box. It also promotes mono-culturalism, as the state could support only charitable organizations that abide by its wishes,â said Dipholo.
In conclusion, Dipholo urged the state to focus on supporting NGOs so that they operate in a system that combines philanthropic work and state welfare programs.
He added that state philanthropy threatens to relegate and render charitable organizations virtually irrelevant and redundant unless they re-engineer themselves.
Another University of Botswana (UB) academic, Professor Zibani Maundeni, opined that politics vitally shape civil society interaction; as seen in the interactions between the two, where there is mutual criticism in each other’s presence.
Over the years, NGOs have found themselves grappling with dwindling financial resources as donors ran out of money in the face of increased competition for financing. Many NGOs have also been faulted for poorly managing their finances because of limited strategic planning and financial management expertise. This drove NGOs to look to government for funding; which fundamentally altered the relationships between the two. The end result was a complete change in the operational culture of NGOs, which diminished their social impact and made them even more fragile. Increased government control through contract clauses also reduced NGOs activism and autonomy.
However, others believe that NGOs and government need each other, especially in the provision of essential services like child welfare and protection. Speaking at the Civil Society Child Rights Convention in 2020, Assistant Minister of Local Government and Rural Development Setlhabelo Modukanele said government considers NGOs as critical partners in development.
âWe recognize the role that NGOs play a critical role in the countryâs development agenda,â said Modukanele.