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Batswana Sue SA Finance Minister

More than twenty Botswana citizens who were active in the struggle for liberation against apartheid have dragged the South African government to court in a class action that seeks to overturn the decision by the Special Pension Administration to reject their applications for special pension, amid allegations of fraud, corruption and maladministration of the multibillion Rand Special Pension fund.



Cited as respondents before the North Gauteng High Court in Pretoria are; the National Treasury, Minister of Finance Nhlanhla Nene, Special Pensions Appeal Board and the Government Pensions Administration. The Applicants accuse the Administration of administrative bungling, incompetence and conflict of interest.

They will argue that one senior staff member of the National Treasury's special pensions is not a fit and proper person to hold his current position because of his criminal record, after being found guilty of statutory corruption for stealing by servant under the prevention of corruption act and parole infringement.

He reportedly bought a R4 million house while working for the fund under mysterious circumstances even though he does not have the means to do so.

Court papers indicate litigants will further argue that Jonathan suffers from conflict of interest because he worked for VENDZULU – a consultancy firm that was previously engaged by the Administration for capacity building.

A confidential report prepared by a task force to sniff out rampant looting and maladministration of the fund reported that a consultancy employ(ed) their own staff under the Special Pensions programme, yet their personnel was paid separately by the Special Pensions, resulting in massive financial gain to the consultancy. 

The consulting group also reportedly advertised a critical post, staffed it with unqualified personnel of their choice and trained these employees afterwards to fit the profile of the posts. The finding appears to refer to Jonathan as well because even though he did not meet the specified requirements for the position, he was recruited by the consulting group and later taken for short training tailor made to meet the job profile and competencies for the job.

Millions of Rands have reportedly been looted through massive fraud using ghost beneficiaries and stealing from deserving cases by the staff of the Administration. Batswana applicants who clearly met the requirement for pension suspect they are likely to have been defrauded in the same manner after their applications were approved but the money later diverted.



The Applicants, represented by the Legal Resources Centre, are challenging both the decision of the Special Pension Administration and the Special Pension Appeals Board to reject their applications on the basis amongst others, that their applications were submitted late after the cut-off date of 31 December 2006, failed to provide proof of full time service and further that they should also apply to the Department of Home Affairs to determine their eligibility for South African citizenship. 



The Applicants argue to the contrary that the grounds advanced by the administration and the board were fatally flawed, spurious, arbitrary, capricious and failed to take into account relevant factors nor were they rationally connected to the information before the court or the reasons  given and therefore were unreasonable because no reasonable person could have arrived at such a decision. 



They accuse the Administration of administrative bungling because the reasons to provide full time service are not the true reasons for rejecting their applications and neither were their applications submitted late.

To the contrary, the adjudicators who considered their applications had in fact conceded that there were in full time service and they met the requirement for eligibility for South African citizenship because they were either South African by birth and descent or at one time held South African citizenship.

They want the court to review and set aside the decision not to award them Special Pension as it unfairly dismisses their contribution to the struggle for the liberation of South Africa. The Pensions appeals board’s decision to dismiss the application of the applicants also affects many other citizens of Botswana and Namibia.



They applied for Special Pension in 2006 but their applications were either lost or misplaced by staff at the South African High Commission in Gaborone.

This has been confirmed in an affidavit by the former First Secretary of the Commission Nathaniel Serache who in an affidavit before the court stated that "unfortunately the forms were misplaced by members of staff at the South African Commission in Gaborone where I served as First Secretary while preparing the office where the forms were kept for a new staff member to occupy the office", he further confirmed that the Applicants indeed filled out the Special Pension applications forms that went missing.



While their applications were rejected inter-alia on the grounds that they had not approached the Department of Home Affairs to determine their eligibility for South African citizenship, the applicants dismiss the contention as flawed and baseless because "other Botswana citizens have had their special pension paid, without requiring material proof of their citizenship, and without the requirement of completing the determination of citizenship status."

These include among others, Mrs GMJ Mokgosi of Pitsane in Barolong Farms, David Modikwagae Aphiri of Mochudi, Michael Kitso Dingake of Bobonong, Fish Keitseng of Kanye, and Motsamai Mpho of Maun. However, the applications of many other equally deserving  applicants either bona fide SA citizens or those eligible for South African citizenship and with an impeccable track record of having been at the fore-front of the liberation struggle such as that of Frank Ikaneng Modise who was exiled in the UK were rejected.



This is despite the fact that Frank Modise together with Fish Keitseng were MK veterans and together hosted Nelson Mandela in Lobatse in 1962. Modise was co-founder and organizer of the then United Tobacco Workers Union, a former affiliate of COSATU. 

He was engaged in full time service for the ANC, played a major role in the Zeerust uprising of the 1950s, coordinated its legal defence and conducted underground operations in support of the detainees of the Zeerust uprisings at the courts in Zeerust, Rustenburg and Pretoria.

He was detained and tortured on many occasions by the apartheid police before fleeing via Botswana to the UK where he continued be central in arranging humanitarian, financial, logistical, and educational opportunities for many South African refugees and the ANC. Modise later passed on in London as a result of complications consistent with the injuries he sustained due to torture at the hands of the apartheid police. 



By contrast, Mrs Mokgodi was awarded a service period of 25 years after the Special Pension Administration accepted and was convinced that she was engaged full time in the service of a political organization in terms of Section 1 of the Special Pension Act 69 of 1996.

The Applicants on the other hand maintain they have locus standi to bring the matter before the court because they have exhausted all local remedies and it has become apparent that there is no other reasonable and effective manner in which the challenge can be made particularly since the applicants have tried various political means to obtain clarity as to the procedural fairness, lawfulness and reasonableness of the DHA decision.



The Applicants hope the court will make an order equally applicable to other applicants in a similar position and other potential applicants who might not be part of the court process in the public interest so that their contribution to the struggle is not denied and trampled upon through unlawful administrative action.

They also want the Administration’s decision that Batswana and Namibian Applicants should submit a determination of citizenship to the Department of Home Affairs before the Board could consider their appeals to be reviewed and set aside and declared unlawful.

According to them, the delay in bringing the case before the court is an indication of how difficult it can be to challenge the Administration's decision for rejecting their applications for Special Pension.

Most of the applicants do not have the financial means to obtain legal representation since alternative amicable settlements have failed. The court process therefore provided that the only opportunity to challenge the administration’s decision of the Board was by providing evidence in court.

“Other special pension applicants have not had that opportunity and some have passed away and their dependents may not be able to act on their behalf,” they maintain. They fought against apartheid and made real sacrifices towards achievement of South Africa's democracy by risking their personal safety in order to further the cause of freedom and equality in South Africa.



In 2011, Finance Minister Nene was forced to retract his statement following public outcry after he lied to the Parliament standing committee on finance claiming "considerable progress" and that the special pension unit had drastically reduced the backlog for pension applications citing misleading and inflated numbers.

Parliament was informed by Jonathan of many cases of fraud and corruption in the form of fake biographies which were referred to the Special Investment stagnation Unit and the Hawks. 

A special task force investigation corruption revealed how virtually the whole Bizana community, in the Eastern Cape were defrauded and denied the opportunity to apply for pensions by a syndicate made up of Administration officials who used extortion, selling application forms at R500 each.

The Administration failed to take action against officials involved claiming the syndicate did not defraud the state but applicants despite operating as representatives of the fund. The task force opined that fraudulent activities continued unabated among the Administration personnel but no measures were taken to address the problem.

The Administration officials reportedly frustrated the Hawks investigations by refusing to produce all relevant documents. The criminal syndicate of the administration officials was able to produce fake ID documents, birth certificates, death certificates, marriage certificates and using false bank accounts. At least R1 million was intercepted by the task force before it was transferred into a bank account by the syndicate.

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Botswana confirms new COVID-19 variant

17th May 2021
covid19

Botswana health officials have confirmed the new COVOD-19 variant, which was first found in India. The Ministry of Health and Wellness has through a press statement informed members of the public that a new COVID-19 variant (B.1.617), first discovered in India. The Indian variant was confirmed in Botswana on 13 May 2021.

According to Christopher Nyanga, spokesperson at the Ministry, this followed a case investigation within Greater Gaborone, involving people of Indian origin who arrived in the country on the 24th April 2021.

“As at 16 May 2021, the B. 1. 617 variant was confirmed in two (2) people. The clients are currently receiving medical care and remain stable with no life-threatening symptoms. The two (2) cases were part of 383 people (both Batswana and some Indian nationals) who were tested for COVID-19. From this number, 43 tested positive, with two (2) showing the B. 1. 617 variant as already alluded to. Contact tracing has been expanded in line with COVID-19 protocols. All contacts and confirmed cases have been evacuated to facility based quarantine and isolation respectively, for close monitoring,” Nyanga narrated.

The World Health Organization recently announced that the Indian Covid-19 variant was a global concern, with some data suggesting the variant has “increased transmissibility” compared with other strains.

Meanwhile in the wake of Botswana’s confirmation of the Indian variant, Nyanga reminded the public of the government intervention to control the introduction of new variants of public health concern into the country. He stated that all those who have travelled or transited through areas of high risk as previously communicated on 3rd May 2021 upon return shall immediately quarantine in a central area to be identified by the Ministry of Health and Wellness for a period not exceeding ten (10) days; Repeat Polymerase Chain Reaction (PCR) test after seven (7) days of quarantine and be discharged as per the outcome of the results.

He said the requirements are complementary to the mandatory requirements of producing on arrival a negative PCR test not older than 72hrs from the time the sample was collected

“The public is advised to remain vigilant and minimize the spread of COVID-19 by following the already outlined preventative measures such as washing of hands with soap or use of a hand sanitizer, wearing of face masks, avoiding crowded places/social distancing and avoiding non-essential movement,” Nyanga said.

The India variant – officially called B.1.617.2 – is one of four mutated versions of coronavirus which have been designated as being “of concern” by transitional public health bodies, with others first being identified in Kent, South Africa and Brazil.

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Khama lawyers dismiss BDP’s MacD

17th May 2021
former President Lt Gen Ian Khama

The lawyers representing former President Lt Gen Ian Khama, Ramalepa Attorneys have come forth dismissing a response letter penned down by Botswana Democratic Party (BDP) activist MacDonald Peloetletse after he was slapped with a P1.5 million lawsuit for defamation of their client.

Tebogo Tladi, an attorney at Ramalepa, said last week Thursday Peloetletse took to social media to publish a substantively false, wrongful and unlawful statement about Khama. MacDonald Peloetletse’s commentary which was posted on Gabz FM News page reads, “I am a former soldier. Everything former President SKI Khama said here is a LIE. In fact, soldiers suffered more under Khama than under his predecessors.

He actually stole money that the UN had paid to the soldiers who went for the operations and paid them less than a quarter of what was actually due to them.  “Unhappy soldiers took the BDF to court and won, the BDF is still struggling to pay the debts! Khama can fool some people, but not all the people and not all the time.

“In fact many soldiers, serving, retired and those that resigned and were in the operations during Khama’s time get even more annoyed to such disrespectful statements by Ian Khama.” Khama’s lawyer says the impugned statement was published with the intention to injure his client (Khama) in his personality rights, good name and dignity, further indicating that the statement has damaged his good reputation.

“We have therefore been instructed by Client to demand, as we hereby do, that you publish on the same forum a retraction and a full and unconditional apology to Client within three days of receipt of this letter- and that you deliver such apology in a formal letter to the Office of the Former President, Dr Khama. In the event that you have not compiled with this demand by close of business on Monday 10th May 2021, our Client will assume that you have refused to comply with this demand.”

To top it all off, Khama demands that Peloetletse pay him P1.5 million in damages for defamation. “Furthermore, we hold instructions to demand as we hereby do, that you pay our Client damages for defamation in the sum of P1, 500,000.00 within seven days of receipt of this letter.” In the event that Peloetletse fails to pay the amount of damages demanded by Khama, Tladi says they will institute legal proceedings for the recovery of the aforesaid damages.

In his response letter addressed to Ramalepa Attorneys, Peloetletse said that he requests enlightenment and clarification that he be provided with proof that the allegations and comments which they attribute to him were indeed authored by him and that the platform which the comments were placed was not hacked.

“Please also advise if whether your clients has been endowed with a “special particular privilege status” that restricts the citizens of this country from commenting or responding to public statements made by your client in the course of political discourse especially when made on public forum and relate to matters of general public concern. (I trust that your brilliant legal mind is well informed with respect to the jurisprudence in such matters)”.

Peloetletse also said he would like to share with the attorneys a video which was posted on a public forum. “Please listen carefully to the conversations and discussion herein and advice if possibly such discussions form a reasonable basis for a justifiably rebuttal by any Motswana Citizen to the public pronouncements and defamatory statements made by your client about our government (bearing in mind of course a citizens constitutional right to freedom of speech and freedom of expression).’’

Consulted for further comment on the matter on Thursday after receiving Peloetletse’s response, Khama’s attorney Tebogo Tladi said the letter doesn’t hold any water. “The only way out for him is to prove the truth of the allegations on his comment or deny publication. He does not answer substantively to the defamation and does not respond to the demand of an apology or payment of damages.

So his letter really contains largely matters irrelevant to the substance of the letter of demand. His response in fact presents no legally cognizable defence at all- it would appear he responded without the benefit of legal advice, which would not be prudent for such an important case. So we will proceed to issue summons and wait to see what defences he will plead in court.’’

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Inside the multi-million Dollar Kazungula Bridge business

17th May 2021
kazungula bridge

Botswana and Zambia this week celebrated the opening of a multi-million Dollar infrastructural project, the Kazungula Bridge, projected to contribute around P100 million annually for Botswana. This project comes after the signing of the 2012 Agreement between the two countries to construct a bridge that would ease movement of goods.

President Mokgweetsi Masisi said the Kazungula Bridge will open avenues for improved trade, job creation and economic diversification in both countries. Further, the Bridge will significantly accelerate Southern African Development Committee (SADC) regional integration agenda which Botswana and Zambia are vigorously pursuing.

“By growing our strategic partnerships through this project, we have improved the development and competitiveness of our economies to attract more private sector investment, thereby, supporting our efforts to create employment, especially for the burgeoning youth,” Masisi said at the opening ceremony in Kazungula on Monday.

The Kazungula Bridge comprises a road and rail bridge over the Zambezi River, directly linking Botswana and Zambia. It has One-Stop-Border Post facilities on both sides, which will enhance the operational efficiency at entry points, replicated on both sides of the boarder.

The Bridge was originally conceived as a critical link in the African North-South Corridor under the African Union’s New Partnership (NEPAD) for Africa’s Development programme. It has since evolved to encompass a multimodal transport plan under the Programme for Infrastructure Development in Africa (PIDA).

The PIDA programme, which encompasses liberalisation of air travel, rail links, road, water and all other modes of transport has only one objective: to unite the States of Africa in order to foster trade on the continent

“Connectivity of our nations will in no small measure, promote people to people interactions and uplifts their standard of living. I am pleased to state that the completion of this project is a clear demonstration of our commitment to PIDA.”

The 260 million US Dollar Kazungula Bridge was commissioned by Zambian President, Edgar Lungu and President Masisi. President Lungu said the bridge was a monumental effort linking Zambia internally and externally to ease the movement of goods and services.

“I have held talks with my counterpart in Botswana that this project must run daily up to 22 hours as soon as possible and you the technocrats must not play ping-pong with us after making these public procurements,” Lungu said at the official opening in Kazungula.

For his part, DRC President Felix Tshisekedi said the project was tandem with the Africa Union (AU) goals and priority areas for Agenda 2063 which called for a prosperous Africa, based on inclusive growth and sustainable development.

KAZUNGULA FERRY

The new Kazungula Bridge replaces the Kazungula Ferry, a pontoon ferry across the 400-metre-wide Zambezi River between Botswana and Zambia. It was one of the largest ferries in South-Central Africa, having a capacity of 70 tonnes.

In 2003 the ferry was the site of a disaster when a severely overloaded Zambian truck capsized one of the pontoons and 18 people drowned. The accident was blamed on the lack of weighbridges in Zambia to check the weight of trucks.

In August 2007, the governments of Zambia and Botswana announced a deal to construct a bridge at the site to replace the ferry. The existence of a short boundary of about 150 meters between Zambia and Botswana was apparently agreed to during various meetings involving Heads of State and officials from all four States in the 2006-2010 period.

The route for this new bridge crosses the boundary without entering Zimbabwe and Namibia. Zimbabwe already has a bridge into Zambia at Victoria Falls, 70KM from Kazungula. Namibia on the other hand has a bridge into Zambia at Katima Mulilo about 150KM upriver.

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