Media Institute of Southern Africa (MISA) Botswana wants President Lt. Gen. Ian Khama and the Tribunal tasked with investigating the four suspended Judges to accede to media houses’ request to allow reporters to sit in and report on proceedings of the Tribunal.
Khama has appointed a three-man tribunal which consists of Justice Craig Howie who shall be its Chairperson, Justice John Foxcroft and Justice Isaac Lesetedi to investigate whether Judges Key Dingake, Mercy Garekwe, Ranier Busang and Modiri Letsidi “ought to be removed from the office of the Judge of the High Court for misbehavior.”
The Judges’ transgression relates to wrongfully and unlawfully receiving accommodation allowances in the region of 1 million while occupying government houses.
WeekendPost is in possession of a communiqué to Chairperson of the Tribunal with Care On to one Anna Mphetlhe, a copy of which has been passed on to President Khama. In the letter MISA asserts that the right of the public to know is crucial and they “trust that the Tribunal shall accede to the media houses’ valid request. The Tribunal, being a body constituted under the constitution, ought to give effect to this fundamental freedom. There would be no public interest served in refusing the interest.”
According to MISA, the right of the public to know cannot be dispensed with the proceedings against the Judges of the High Court who wield immense constitutional, statutory and common law powers over citizens of Botswana. “Moreover, a perusal of the mandate given by the President to the Tribunal shows that at issue is freedom of expression and its limits,” MISA Chairperson Modise Mphanyane pointed out on the letter to the Tribunal and Khama.
MISA Botswana is a registered trust whose main objectives are: to promote and defend press freedom; to take appropriate steps where such freedoms are violated; and to seek to remove obstacles and impediments to the free flow of information.
“It therefore goes without saying that MISA Botswana is a champion of the freedom of expression which is enshrined in section 12 of the constitution of Botswana. This freedom includes ‘freedom to receive ideas and information without interference, freedom to communicate ideas and information without hindrance,” Maphanyane posits.
He maintained that the question before the Tribunal is the extent to which Judges of the High Court can express themselves if they are aggrieved by the Chief Justice’s acts or omissions. So, it is the freedom contained in section 12 of the constitution, which MISA Botswana champions, he insisted.
In the President’s Tribunal is Justice Howie who is a former President of the South African Supreme Court of Appeal, and member of the Botswana Court of Appeal, Justice Foxcroft who is a former Judge of the Cape Supreme Court, and member of the Botswana Court of Appeal and lastly Justice Lesetedi, a former High Court Judge and member of the Botswana Court of Appeal.
Attorneys representing the suspended Judges who are subjected to the Tribunal investigation, Chibanda Makgalemele and Company however had requested the president to remove the three Judges and replace them with three foreign Judges with no known links to the Botswana judiciary, a request the president ignored.
The law firm states that the Tribunal members may be having “relationships with the Judges under investigation, the Chief Justice and Judicial Service Commission (JSC) (which are also complainants in this case) and, indeed, the President.” As a result, they say the Tribunal does not have the appearance of impartiality and independence that this case demands.
Meanwhile there are reports that Khama may have suspended the Tribunal pending the impending court case where the four suspended Judges are suing Khama and Chief Justice Maruping Dibotelo for their suspension. The matter is before Justice Tebogo Tau.
The quartet wants an urgent order declaring the president’s decisions to appoint a Tribunal and to suspend the Judges pending the outcome of the Tribunal’s investigation as unconstitutional and invalid. The case will be heard on Monday at Lobatse High Court.
Lebang Mpotokwane, one of the conveners who presided over the opposition cooperation talks that resulted in the formation of the Umbrella for Democratic Change (UDC), has advised against changing the current umbrella model in favour of a merger as proposed by others.
The Botswana Congress Party (BCP) leader, Dumelang Saleshando recently went public to propose that UDC should consider merging of all opposition parties, including Alliance for Progressives (AP) and Botswana Patriotic Front (BNF).
Saleshando has been vehemently opposed by Botswana National Front (BNF), which is in favour of maintaining the current model. BNF’s position has been favoured by the founding father of UDC, who warned that it will be too early to ditch the current model.
“UDC should be well developed to promote the spirit of togetherness on members and the members should be taught so that the merger is developed gradually. They should approach it cautiously. If they feel they are ready, they can, but it would not be a good idea,” Mpotokwane told WeekendPost this week.
Mpotokwane and Emang Maphanyane are the two men who have since 2003 began a long journey of uniting opposition parties in a bid to dethrone the ruling Botswana Democratic Party (BCP) as they felt it needed a strong opposition to avoid complacency.
Tonota born Mpotokwane is however disappointed on how they have been ejected from participating in the last edition of talks ahead of the 2019 general elections in which BCP was brought on board. However, despite the ejection, Mpotokwane is not resentful to the opposition collective.
He said the vision of opposition unity was to ultimately merge the opposition parties but he believes time has not arrived yet to pursue that path. “The bigger picture was a total merger and we agreed that with three independent parties, members might be against merger eventuality so the current model should be used until a point where they are now together for as long as possible,” he said.
“UDC should gradually perform better in elections and gain confidence. They should not rush the merger. We have been meeting since 2003, but if they rush it might cause endless problems. If they are ready they can anyway,” he advised. For now the constituent parties of the umbrella have been exchanging salvos with others (BCP and BNF).
“There are good reasons for and against merging the parties. Personally, I am in favour of merging the parties (including AP and BPF) into a single formation but I know it’s a complex mission that will have its own challenges,” Saleshando said when he made his position known a week ago.
“Good luck to those advocating for a merger, it will be interesting to observe the tactics they will use to lure the BPF into a merger,” former BNF councillor for Borakalalo Ward and former BNF Youth League Secretary General, Arafat Khan, opined in relation to BCP’s proposed position.
Mpotokwane, who is currently out in the cold from the UDC since he was ejected from the party’s NEC in 2017, said the current bickering and the expected negotiations with other parties need the presence of conveners.
“We did not belong to any party as conveners so we were objective in our submissions. If party propose any progressive idea we will support, if it is not we will not, so I would agree that even now conveners might be key for neutrality to avoid biasness,” he observed. Despite being abandoned, Mpotokwane said he will always be around to assist if at all he is needed.
“If they want help I will be there, I have always been clear about it, but surely I will ask few questions before accepting that role,” he said. UDC is expected to begin cooperation talks with both AP and BPF either this week or next weekend for both upcoming bye-elections (halted by Covid-19) and 2024 general elections and it is revealed that there will be no conveners this time around.
The Botswana Democratic Party (BDP) moved through its lawyers to attach the property of Umbrella for Democratic (UDC) President Duma Boko and other former parliamentary contestants who failed in their court bid to overturn the 2019 general elections in 14 constituencies.
WeekendPost has established that this week, Deputy Sheriffs were commissioned by Bogopa Manewe Tobedza and Company who represented the BDP, to attach the properties of UDC elections contents in a bid to recover costs. High Court has issued a writ of execution against all petitioners, a process that has set in motion the cost recovery measures.
Botswana Sectors of Teachers Union (BOSETU) says COVID-19 as a pandemic has negatively affected the education sector by deeply disrupting the education system. The intermittent lockdowns have resulted in the halting of teaching and learning in schools.
The union indicated that the education system was caught napping and badly exposed when it came to the use of Information System (IT), technological platforms and issues of digitalisation.
“COVID-19 exposed glaring inefficiencies and deficiencies when it came to the use of ITC in schools. In view of the foregoing, we challenge government as BOSETU to invest in school ITC, technology and digitalization,” says BOSETU President Kinston Radikolo during a press conference on Tuesday.
As a consequence, the union is calling on government to prioritise education in her budgeting to provide technological infrastructure and equipment including provision of tablets to students and teachers.
“Government should invest vigorously in internet connectivity in schools and teacher’s residences if the concept of flexi-hours and virtual learning were to be achieved and have desired results,” Radikolo said.
Radikolo told journalists that COVID-19 is likely to negatively affect final year results saying that the students would sit for the final examinations having not covered enough ground in terms of curriculum coverage.
“This is so because there wasn’t any catch up plan that was put in place to recover the lost time by students. We warn that this year’s final examination results would dwindle,” he said.
The Union, which is an affiliate of Botswana Federation of Public, Private and Parastatal Union (BOFEPUSU), also indicated that COVID-19’s presence as a pandemic has complicated the role of a teacher in a school environment, saying a teacher’s role has not only transcended beyond just facilitating teaching and learning, but rather, a teacher in this COVID-19 era, is also called upon to enforce the COVID-19 preventative protocols in the school environment.
“This is an additional role in the duty of a teacher that needs to be recognized by the employers. Teachers by virtue of working in a congested school environment have become highly exposed and vulnerable to COVID-19, hence the reason why BOSETU would like teachers to be regarded as the frontline workers with respect to COVID-19,” says Radikolo.
BOSETU noted that the pandemic has in large scales found its way into most of the school environments, as in thus far more than 50 schools have been affected by COVID-19. The Union says this is quite a worrying phenomenon.
“As we indicated before when we queried that schools were not ready for re-opening, it has now come to pass that our fears were not far-fetched. This goes out to tell that there is deficiency in our schools when it comes to putting in place preventative protocols. In our schools, hygiene is compromised by mere absence of sanitizers, few hand-washing stations, absence of social distancing in classes,” the Union leader said.
Furthermore, Radikolo stressed that the shifting system drastically increased the workload for teachers especially in secondary schools. He says teachers in these schools experience very high loads to an extent that some of them end up teaching up to sixty four periods per week, adding that this has not only fatigued teachers, but has also negatively affected their performance and the quality of teaching.
In what the Union sees as failure to uphold and honour collective agreements by government, owing to the shift system introduced at primary schools, government is still in some instances refusing to honour an agreement with the Unions to hire more teachers to take up the extra classes.
“BOSETU notes with disgruntlement the use of pre-school teachers to teach in the mainstream schools with due regard for their specific areas of training and their job descriptions. This in our view is a variation of the terms of employment of the said teachers,” says Radikolo.
The Union has called on government to forthwith remedy this situation and hire more teachers to alleviate this otherwise unhealthy situation. BOSETU also expressed concerns of some school administrators who continuously run institutions with iron fists and in a totalitarian way.
“We have a few such hot spot schools which the Union has brought to attention the Ministry officials such as Maoka JSS, Artesia JSS, and Dukwi JSS. We are worried that the Ministry becomes sluggish in taking action against such errant school administration. In instances where action is taken, such school administrators are transferred and rotated around schools.”