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Judges’ case: Khama speaks out

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.

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Transgender persons in Botswana live a miserable life

23rd November 2020
Transgender persons

An international report complied in South Africa dubbed ‘Legal Gender Recognition in Botswana’ says that the transgender and gender non-conforming people in Botswana live a miserable life. The community experiences higher levels of discrimination, violence and ill health.

In this report, it has been indicated that this is because their gender identity, which does not conform to narrowly define societal norms, renders them more vulnerable. Gender identity is a social determinant of health, which means that it is a factor that influences people’s health via their social context, their communities and their experiences of social exclusion. The Ministry of Health and Wellness has recognized this, and transgender people are considered a vulnerable population under the Botswana Second National Strategic Framework for HIV and AIDS 2010-2017.

In a recent study that shed light on the lived experiences of transgender and gender non-conforming people in Botswana, transgender persons often experience discrimination because of their gender identity and expression. The study was conducted by the University of Cape Town, LEGABIBO, BONELA, as well as Rainbow Identity Association and approved by the Health Ministry as well as the University of Botswana.

Of the 77 transgender and gender non-conforming people who participated in the study, less than half were employed. Two thirds, which is approximately 67% said that they did not have sufficient funds to cover their everyday needs. Two in five had hidden health concerns from their healthcare provider because they were afraid to disclose their gender identity.

More than half said that because of their gender identity, they had been treated disrespectfully at a healthcare facility (55%), almost half (46%) said they had been insulted at a healthcare facility, and one quarter (25%) had been denied healthcare because of their gender identity.

At the same time, the ‘Are we doing right’ study suggests that transgender and non-conforming people might be at higher risks of experiencing violence and mental ill-health, compared to the general population. More than half had experienced verbal embarrassment because of their gender identity, 48% had experienced physical violence and more than one third (38%) had experienced sexual violence.

The study showed that mental health concerns were high among transgender and gender non-conforming people in Botswana. Half of the transgender and gender non-conforming study participants (53%) showed signs of depression. Between one in four and one in six showed signs of moderate or severe anxiety (22% among transgender women, 24% among transgender men and 17% among gender non-conforming people).

Further, the study revealed that many had attempted suicide: one in three transgender women (32%), more than one in three transgender men (35%) and three in five gender non-conforming people (61%).

International research, as well as research from Botswana, suggests that not being able to change one’s gender marker has a negative impact on access to healthcare and mental health and wellbeing. The study further showed that one in four transgender people in Botswana (25%) had been denied access to healthcare. This is, at least in part, linked to not being able to change one’s gender marker in the identity documents, and thus not having an identity document that matches one’s gender identity and gender expression.

In its Assessment of Legal and Regulatory Framework for HIV, AIDS and Tuberculosis, the Health Ministry noted that “transgender persons in Botswana are unable to access identity documents that reflect their gender identity, which is a barrier to health services, including in the context of HIV. In one documented case, a transwoman’s identity card did not reflect her gender identity- her identity card photo indicated she was ‘male’. When she presented her identity card at a health facility, a health worker called the police who took her into custody.”

The necessity of a correct national identity document goes beyond healthcare. The High Court of Botswana explains that “the national identity document plays a pivotal role in every Motswana’s daily life, as it links him or her with any service they require from various institutions. Most activities in the country require every Motswana to produce their identity document, for identification purposes of receiving services.”

According to the Legal Gender Recognition in Botswana report, this effectively means that transgender, whose gender identity and expression is likely to be different from the sex assigned to them at birth and from what is recorded on their identity document, cannot access services without risk of denial or discrimination, or accusations of fraud.

In this context, gays and lesbians advocacy group LEGABIBO has called on government through the Department of Civil and National Registration to urgently implement the High Court rulings on gender marker changes. As stated by the High Court in the ND vs Attorney General of Botswana judgement, identity cards (Omang) play an important role in the life of every Motswana. Refusal and or delay to issue a Motswana with an Omang is denying them to live a complete and full-filing life with dignity and violates their privacy and freedom of expression.

The judgement clarified that persons can change their gender marker as per the National Registrations Act, so changing the gender marker is legally possible. There is no need for a court order. It further said the person’s gender is self-identified, there is no need to consult medical doctors.

LEGABIBO also called on government to develop regulations that specify administrative procedure to change one’s gender marker, and observing self-determination process. Further, the group looks out for government to ensure members of the transgender community are engaged in the development of regulations.

“We call on this Department of Civil and National Registration to ensure that the gender marker change under the National Registration Act is aligned to the Births and Deaths Registry Act to avoid court order.

Meanwhile, a gay man in Lobatse, Moabi Mokenke was recently viciously killed after being sexually violated in the streets of Peleng, shockingly by his neighbourhood folks. The youthful lad, likely to be 29-years old, met his fate on his way home, from the wearisome Di a Bowa taverns situated in the much populated township of Peleng Central.

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Khato Civils fights back, dares detractors

23rd November 2020
Khato-civil

CEO of Khato Civils Mongezi Mnyani has come out of the silence and is going all way guns blazing against the company’s adversaries who he said are hell-bent on tarnishing his company’s image and “hard-earned good name”

Speaking to WeekendPost from South Africa, Mnyani said it is now time for him to speak out or act against his detractors. Khato Civils has done several projects across Africa. Khato Civils, a construction company and its affiliate engineering company, South Zambezi have executed a number of world class projects in South Africa, Malawi and now recently here in Botswana.

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UDC petitioners turn to Saleshando

23rd November 2020
Dumelang Saleshando

About ten (10) Umbrella for Democratic Change (UDC) parliamentary candidates who lost the 2019 general election and petitioned results this week met with UDC Vice President, Dumelang Saleshando to discuss the way forward concerning the quandary that is the legal fees put before them by Botswana Democratic Party (BDP) lawyers.

For a while now, UDC petitioners who are facing the wrath of quizzical sheriffs have demanded audience with UDC National Executive Committee (NEC) but in vain. However after the long wait for a tete-a-tete with the UDC, the petitioners met with Saleshando accompanied by other NEC members including Dr. Kesitegile Gobotswang, Reverend Mpho Dibeela and Dennis Alexander.

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