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Heads of States not immune from arrest when in S.A court


Sitting heads of states have no immunity from arrest and prosecution when in South Africa, the country’s High court reaffirmed the country’s status on international law this week.


Despite the position of the African Union (AU) that sitting President in the African region would not be arrested and prosecuted, the North Gauteng High court has reaffirmed its decision that under South African law, the fugitives have to be arrested while in South Africa regardless of their social standing.


According to a panel of three judges in Pretoria, who included the Judge President and deputy Judge President, the Implementation Act of that country allows law enforcement officers to arrest visiting President, members of Parliament and government officials including during official visits to South Africa.


Parts of the Act read that, “this statute shall apply equally to all persons without any distinctions based on official capacity. In particular, official capacity as Head of State or Government, a member of Government or Parliament, an elected representative or a government official, shall in no case exempt a person from criminal responsibility under this statute, nor shall it in, and of itself, constitute a ground for reduction for sentence,” and that, “immunities or special procedural rules which may attach to the official capacity of a person whether under national or international law, shall not bar the court from exercising its jurisdiction over such a person.”   


When rejecting the state’s application to appeal against the June judgment on the Omar Al-Bashir matter, the North Gauteng High Court reaffirmed its decision that under South African law, the Sudanese President, Bashir, should have been arrested when he attended the African Union Summit in that country in June this year.


The order under appeal directed the South African government to arrest President Bashir and surrender him to the International Criminal Court (ICC) for prosecution for various alleged international crimes. It was sought and granted on the basis that President Bashir was in South Africa and consequently subject to the jurisdiction of the South African courts and capable for arrest by the South Africa Authorities.


However since the country’s President, Jacob Zuma took a political decision to protect Bashir from the arrest and let him go, the court decided that it was not necessary to appeal against the order. The contention was that the outcome of the appeal whether it succeeds or fails, would not have practical effect.


“South African Government is bound by the provisions of the Implementation Act and must implement its provisions. It has enacted this domestic legislation and is obviously bound by it,” read part of the ruling.


However the contention by the S.A government was that the leave to appeal, if granted, would have a practical effect as it will deal with the issue of whether indeed a sitting head of state enjoys immunity under international law and South African law or is subject to arrest in that country.

The worry expressed by government was that the decision would ultimately affect future international events in that country because it raises important questions of international law arising from the interpretation of the implementation and immunities Acts.


The matter also has a diplomatic impact since South Africa is a party to the AU’s decision to reject the ICC.


The calls for Africa to pull from the ICC gained momentum in June 2009 when several African States including Comoros, Djibouti and Senegal suggested it in protest against the believe that the court targets Africa. Then investigations against Bashir for crimes against humanity were starting.

In 2013 Kenya, Uganda and later South Africa joined the fray in protest against ICC’s Investigations in Kenya. A mass withdrawal from the ICC by African States was discussed in October 2014 and it was agreed that Kenya case should be deferred as Uhuru Kenyatta was still in office. 

The matter is still a hot topic in the AU as other countries such as Botswana still fully rally behind the ICC and have made it known that they are not ready to pull out.


To date no country has officially pulled out of the ICC and as evidenced by the South African High Court, even laws in some of the countries have not been changed to strengthen the political stand against the ICC.


The South African Judiciary which have been praised by the Southern Africa Litigation Centre as being independent maintains that Bashir enjoyed no immunity from arrest or from prosecution under customary international law even though he is a serving Head of State.

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BTC launches the 3rd Francistown Marathon 2024 and handover proceeds to the 2nd Francistown Marathon beneficiaries

8th December 2023

Botswana Telecommunications Corporation Limited (BTC) has announced that its 3rd Francistown Marathon will be held on Saturday 20th April 2024 at Obed Itani Chilume Stadium in Francistown. The BTC Francistown Marathon is officially recognised by World Athletics and a Comrades Marathon Qualifier will offer race categories ranging from 42.2km, 21.1 km, 10km, 5km fun run, 5km peace run for children and has introduced a 5km and 10km categories for wheelchairs athletics.

BTC also used this opportunity to announce beneficiaries who received donations from proceeds made from the 2nd BTC Francistown Marathon that was held on April 23rd 203.  BTC donated a play area, plastic chairs and wooden tables for pupils worth a total of thirty eight thousand, one hundred and three pula, fifty thebe each (P38, 103.50) to Monarch Primary School, Tatitown Primary School, Mahube Primary School and Gulubane Primary School. Ditladi and Boikhutso clinics each received a donation of benches, television sets and 10, 000 litre water tanks worth thirty seven thousan, eight hundred and ninety eight pula (P 37, 898.00). Additionally, BTC also donated seventy thousand pula (P70,000.00) to their marathon technical partner, Francistown Athletics Club (FAC) which will be used for daily operations as well as to purchase equipment for the club.

The BTC Francistown Marathon aligns seamlessly with BTC’s corporate social investment programme, administered through the BTC Foundation. This programme is a testament to BTC’s dedication to community development, focusing on key areas such as health promotion. The marathon, now in its third year, not only promotes a healthy lifestyle but also channels all proceeds to carefully chosen charities as part of BTC’s commitment to impactful and sustainable projects.

Speaking at the launch, the BTC Managing Director Mr Anthony Masunga stated that the marathon underscores BTC’s commitment to community upliftment and corporate social investment. He stated that “the annual event which has been in existence since 2016, having taken a break due to the covid and other logistical issues, is instrumental to the economic upliftment of the city of Francistown”. He congratulated all the beneficiaries for having been nominated to receive the donations, adding that “the donation of proceeds from the 2023 marathon aims to highlight BTC’s commitment and heart for Batswana and our continued impact in the different industries”.

He further stated that through this marathon, “we demonstrate our steadfast commitment to having a good influence on our communities, this event is a manifestation of our dedication to promoting education and a healthier, more active society”.  He concluded by stating that “BTC looks forward to another successful marathon that will leave a lasting positive influence on the greater Francistown community and the country at large” he said.

Giving welcome remarks, the Councillor for Donga, Honourable Morulaganyi Mothowabarwa stated that “he is ecstatic that BTC is collaborating with the City of Francistown on yet another installment of the Marathon”. He continued to offer his support to BTC to enable this marathon to continue over the coming years, stating that the “CSI element is a welcome development that helps empower our communities”, he said.

The 3rd BTC Francistown Marathon is officially open for registrations and athletes may use the following platforms to register and pay; through Smega by dialling *173# and choosing opton 5, then choose Option 3 for the Francistown marathon, at any BTC store or by visiting the BTC website and clicking on the BTC Francistown Marathon and choosing the relevant options.

 

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Letsholo lauds President Masisi’s digitization in fight against corruption

8th December 2023

Thapelo Letsholo, Member of Parliament for Kanye North, delivered a moving speech at the United Nations International Anti-Corruption Day commemoration, praising President Dr. Mokgweetsi Eric Keabetswe Masisi’s digitalization initiative in the fight against corruption. Letsholo highlighted the importance of embracing digitalization in governance as a crucial step in curbing corrupt practices.

According to Letsholo, the implementation of digital systems in government services can significantly reduce direct interactions between citizens and officials, which often serve as fertile grounds for corruption. By minimizing these opportunities for illicit activities, the efficiency and transparency of public services can be enhanced. Letsholo pointed to Estonia’s success in digital governance as an example, where public services have become more transparent, accessible, and efficient.

The MP commended President Masisi’s commitment to digitalization and E-Governance, emphasizing that it aligns with global anti-corruption standards. He called for full support and active participation from all sectors to ensure the success of this initiative.

Letsholo also stressed the importance of improving detection methods and refining whistleblower laws to effectively combat corruption. He highlighted the unseen and unspoken facets of corruption as its lifelines, emphasizing the need for robust detection mechanisms and a system that encourages and protects whistleblowers.

Addressing the societal role in fighting corruption, Letsholo focused on the crucial role of everyday citizens and civil servants who often witness corrupt practices firsthand. He acknowledged the existing reluctance to report corruption due to the perceived risks of repercussions. To change this narrative, Letsholo advocated for creating an environment where staying silent is deemed more detrimental than speaking out. He called for a cultural shift where the potential benefits of exposing corruption outweigh the risks, ensuring that whistleblowers are protected and feel secure in coming forward.

Letsholo called for collective responsibility and action in creating a system that not only detects and reports corruption but also supports those who stand against it. He expressed hope that under President Masisi’s digitalization initiatives, the future of governance in Botswana will be characterized by integrity, transparency, and accountability. Letsholo’s speech resonated with the sentiments of hope and determination that permeated the commemoration, emphasizing the need for unity in the fight against corruption.

In summary, Letsholo lauded President Masisi’s digitalization initiative in the fight against corruption, highlighting its potential to curb corrupt practices, enhance efficiency and transparency in public services, and align with global anti-corruption standards. He emphasized the importance of improving detection methods, refining whistleblower laws, and creating an environment where speaking out against corruption is encouraged and protected. Letsholo called for collective responsibility and action in creating a future characterized by integrity, transparency, and accountability in governance.

 

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FaR property assets value clock P1.47 billion

6th December 2023

FaR Property Company (FPC) Limited, a property investment company listed on the Botswana Stock Exchange, has recently announced its exceptional financial results for the year 2023. The company’s property asset value has risen to P1.47 billion, up from P1.42 billion in the previous year.

FPC has a diverse portfolio of properties, including retail, commercial, industrial, and residential properties in Botswana, South Africa, and Zambia. The company owns a total of 186 properties, generating rental revenues from various sectors. In 2023, the company recorded rental revenues of P11 million from residential properties, P62 million from industrial properties, and P89 million from commercial properties. Overall, the company’s total revenues increased by 9% to P153 million, while profit before tax increased by 22% to P136 million, and operating profit increased by 11% to P139 million.

One notable achievement for FPC is the low vacancy rate across its properties, which stands at only 6%. This is particularly impressive considering the challenging trading environment. The company attributes this success to effective lease management and the leasing of previously vacant properties in South Africa. FPC’s management expressed satisfaction with the results, highlighting the resilience of the company in the face of ongoing macroeconomic challenges.

The increase in profit before tax can be attributed to both an increase in income and effective control of operating expenses. FPC managed to achieve these results with fewer employees, demonstrating the company’s efficiency. The headline earnings per linked unit also saw an improvement, reaching 26.92 thebe, higher than the previous year.

Looking ahead, FPC remains confident in its competitiveness and growth prospects. The company possesses a substantial land bank, which it plans to develop strategically as opportunities arise. FPC aims for managed growth, focusing on consumer-driven developments and ensuring the presence of supportive tenants. By maintaining this approach, the company believes it can sustainably grow its property portfolio and remain competitive in the market.

In terms of the macroeconomic environment, FPC noted that inflation rates are decreasing towards the 3% to 6% range approved by the Bank of Botswana. This is positive news for the company, as it hopes for further decreases in interest rates. However, the fluctuating fuel prices, influenced by global events such as the war in Ukraine and oil output reductions by Russia and other Middle Eastern countries, continue to impact businesses, including some of FPC’s tenants.

FPC’s property portfolio includes notable assets such as a shopping mall in Francistown with Choppies Hyper as the anchor tenant, Borogo Mall located on the A33 main road near the Kazungula ferry crossing, and various industrial and commercial properties in Gaborone leased to Choppies, Senn Foods, and Clover Botswana. The company also owns a shopping mall in Mafikeng and Rustenburg in South Africa.

The majority of FPC’s properties, 85%, are located in Botswana, followed by 12% in South Africa and 3% in Zambia. With its strong financial performance, competitive position, and strategic land bank, FPC is well-positioned for continued growth and success in the property market.

 

 

 

 

 

 

 

 

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