SEEKING JUSTICE: The case in which four judges of the High Court four suspended judges Key Dingake, Mercy Garekwe, Ranier Busang and Modiri Letsididi want the court to declare invalid their suspension from the bench as well as the decision to appoint a tribunal to investigate them with potential for their removal from judicial office has been postponed to September 28th. President Khama has suspended them for receiving “undeserved accommodation allowances unlawfully”.
President Lt. Gen. Ian Khama has said that he was gravely troubled by the information that the four suspended judges Key Dingake, Mercy Garekwe, Ranier Busang and Modiri Letsididi received undeserved accommodation allowances unlawfully.
Subsequent to suspending the judges, Khama stated in court papers in a judicial marathon case this week that the suspended judges’ alleged misbehavior is that they had been for a considerable amount of time occupied residential accommodation provided for and paid by the government of Botswana whilst at the same time wrongfully receiving a housing allowance from government in lieu of such accommodation.
In the case, the suspended judges want the court to declare invalid their suspension from the bench as well as the decision to appoint a tribunal to investigate them with potential for their removal from judicial office.
A source observing the marathon case on Thursday outside court told Weekend Post that history is not on the suspended Judges’ side. “In African history it shows that if a president appoints a tribunal to investigate judges for misbehavior or whatever they may call it, they did not reappear at the bench,” he said, adding that the said judges are unlikely to come back.
In an answering affidavit filed before court President Khama pointed out that: “I was so gravely troubled by this information as, on the face of it, it implied the possible commission of a serious offence by honourable Judges of the High Court as to be driven to act in order to protect the integrity of the judiciary.”
In addition Khama asserted that he was also informed that following the initiation of the investigation the said judges wrote a letter to the Chief Justice and copied to all other Judges of the High Court and therefore was saddened by the development as well.
“I regard in a very serious light the contents and tone of such letter which, in my view undermines the authority of the Chief Justice of Botswana, and damaging to our judiciary,” he highlighted in the papers.
According to Khama, he is even more concerned about the subsequent letter of the 17th August 2015 which was co-authored by the suspended Judges together with “eight other judges,” which are not applicants in the matter. Although others believe the suspension of the four Judges to be a witch hunt on Justice Dingake as he is seen as a thorn on government side and “anti-government” in his rulings, speculations are rife on the other side that the other judges (eight) may be next on line.
Khama explains why the suspended Judges were not awarded hearing
According to President Khama in his affidavit, he explained that the Judges were not eligible to a hearing pre-suspension. “I did not afford the applicants (suspended Judges) a hearing before their suspension. I have been advised by my attorneys which advise I verily believe to be true that the applicants are not entitled to a pre suspension hearing,” he said.
Khama explained that the suspended judges’ right to be heard has been curtailed as they will be afforded an opportunity to be heard at the tribunal.
President disputes he is interfering in the judiciary
“I deny having any intention of interfering with the composition and functioning of the judiciary as alleged. I therefore deny any suggestion of mala fides on my part,” the President said.
Khama maintains the constitution of Botswana gives him powers
In his affidavit, Khama maintains that he has handled the matter in terms of the power reposed in him by the provisions of the constitution of Botswana and avers that he exercised his discretion judicially.
He stated: “in the circumstances and considering the gravity of this matter I undertook and exercised my discretion in terms of the provisions of the constitution to suspend the four applicants (four Judges) and wrote individual letters to them dated the 26th August 2015 notifying them of my decision as well as the basis thereof.”
Balance of convenience versus preservation of judicial integrity
The fourth president of Botswana has said that he does not take lightly assertions that his decision to suspend judges undermines judicial independence; the right to equal protection before the law and freedom of expression; as well as interfering with the suspended judges’ claimed right to work.
“Further contrary to the assertions of the applicants in their supplementary affidavit, the balance of convenience favours the preservation of the integrity of the judiciary,” he added.
The matter is not urgent – Khama maintains
In his answering affidavit before court, Khama says that he believes that the matter is not urgent. “I wish to emphasize that in the same letter of suspension I disclosed to the Judges that the suspensions will take effect on the 1st September 2015,” Khama highlighted. When suspending them, Khama wrote individual suspension letters to them dated 26th August 2015.
“Thus the applicants (suspended Judges) had sufficient notice not only of the decision to suspend them, but also as to when the said decision will be implemented.” “Consequently I am surprised that the applicants are seeking a stay of events that have already occurred at this hour when they had the opportunity to do so before the 1st September 2015,” he concluded.
Meanwhile the matter will be heard on 28 September before Justice Tebogo Tau who presides over the case as on Thursday he conceded the request to postpone the case by the attorneys of both parties; Attorney General Chambers representing the President as well Chibanda Makgalemele and Company for the suspended Judges.
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.