Botswana Movement for Democracy (BMD) President, Ndaba Gaolathe says Mangole, Modubule violated and denigrated party constitution
Botswana Movement for Democracy (BMD) President, Ndaba Gaolathe has in a written letter to the party National Executive Committee (NEC) told members that Advocate Sidney Pilane’s re-admission will only be decided by the party at its next congress.
The two letters dated 21 October 2015, seen by this publication- were addressed to the party Secretary General, Gilbert Mangole and the other to members of the NEC in essence, de-recognising the decision to re-admit Pilane back into the party. In the letter addressed to the NEC members, Gaolathe explains that if indeed such a decision was taken, members of the NEC will have presided over and participated in a denigration of the constitution of the party.
“The unconstitutionality, violation of procedure and the array of circumstances around this matter would leave the NEC or the party with no choice, but to place such a decision, if indeed it was taken, in abeyance and then be referred to the Movement’s highest organ, the National Congress for proper and fair resolution,” the letter to the NEC reads in part.
“There is no urgency in the matter and it would be addressed by the National Congress at it next regular meeting.”
Gaolathe further explains that membership application in terms of Article 5 of the constitution should be submitted to and considered by a Brand Committee, which may accept or refuse it. He further states that any such acceptance or refusal is subject to review by the next higher organ of the party, which in this case is the Regional Committee.
“The Constitution does not countenance a situation where an applicant for membership “shops” around, going from Branch Committee to Branch Committee receiving rejections until he or she arrives at one that would grant an acceptance,” said Gaolathe who was outside the country in Switzerland when the decision was reportedly taken.
Gaolathe who is also the Umbrella for Democratic Change (UDC) Secretary General explained that any attempt to “shop” around in the manner Pilane has done offends against the Constitution and is improper as it amounts to violation of the Constitution.
“The proper process should have involved a request by Pilane to have the refusal of his membership application by the Gaborone North Branch Committee reviewed by the next higher organ of the party, and this is the Regional Committee,” he said.
The Gaborone Bonnington South legislator further remarks in the letter that the NEC remains vested with powers to overturn the acceptance of any membership application.
“…Even acceptance of a membership application that is proper and regular, does not immediately confer full membership on the applicant. It confers only provisional membership which may only become full at the expiration of 8 weeks from date of notification of the granting provisional membership,” he stated.
“In the ultimate instance, any decision of any organ of the party is subject to review, ratification, alteration or rescission by the highest organ, the National Congress. This is in terms of Clause 14.3 of the constitution.”
On the other letter addressed to Mangole, Gaolathe is calling on the party Secretary General to explain why the NEC presided over and participated in such a denigrating act to the party’s constitution.
“I am keen to learn from you and the Chairman, Nehemiah Modubule why this decision, if indeed it was taken, was reached in these divisive circumstances including in the absence of the Vice President Wynter Mmolotsi, who is acting on my behalf, along with other reputable members of the NEC, and who clearly expressed and demonstrated refusal to participate in the flagrant denigration of the constitution of our Movement,” reads the letter in part.
The party president is also unimpressed by the fact that Mangole communicated directly to the media before he informed or notified Mmolotsi or even himself as party president. “In my view, you as the Secretary General along with the Chairman, knowingly or unknowingly have acted in ways that are divisive to our party, and have gone against the spirit of unity in our large Movement, the Umbrella for Democratic Change,” he stated.
The former party National Policy Director further remarked that Mangole and Modubule’s conduct has been both inappropriate and unfair to the party and the masses that have lent the party their goodwill. “I expect that you will revise your conduct, or the people, when the right time comes, will revise it for you,” he said.
Gaolathe told Mangole that in previous NEC meetings, he has been reluctant to involve himself in the Pilane matter, to preclude the idea that he may be conflicted about considering the application of a member with previous presidential ambitions.
“I did so inspired by my faith in yourselves, as fair and responsible leaders on whom the future of our collective vision could be entrusted,” he said. “Your actions and sense of judgement have discredited my faith in you.”
The letter further states that Mangole is expected to respond in writing providing explanation to Gaolathe and also do so verbally at the next NEC meeting. According to the letter, the Pilane matter will be referred to party congress in 2017.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.