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Mokone sues Govt for unlawful arrest

Mokone says he was arrested for Tsimane’s disappearance

Sunday Standard editor, Outsa Mokone is fighting back, on Tuesday through his attorneys Bayford and Associates; he filed a draft order with the High Court to declare that his detention in September 2014 was unlawful.


Mokone’s brawl with the law followed the disappearance of senior reporter Edgar Tsimane after he authored an article published in the Sunday Standard alleging that the President, Lt Gen Seretse Khama Ian Khama was involved in a car accident while driving alone at night.


According to Mokone’s court papers, the decision to arrest him only came when he told the Assistant Commissioner of Police, Marage, that he does not know where Tsimane is. He further highlighted that Tsimane was not his charge as he is an adult of sound mind and thus found it difficult to understand how his arrest could have helped the Police in locating him.


The matter submitted before Judge Letsididi of the Lobatse High Court will establish and determine whether or not the Warrant of Arrest issued on the 2nd of September 2014 by the Chief Magistrate for the Gaborone Administrative District for the apprehension of Mokone was applied for and lawful.


It is also upon the court to determine and decide, in the event it is found that the Station Commander of Broadhurst Police Station had refused to allow the Applicant’s (Mokone) Attorneys access to him, timeously or at all, whilst he was in Police custody on the night of 8th September 2014 and morning of 9th September 2014 to consult him (Mokone) and obtain from him Power of Attorney and get him to depose to an affidavit to enable them to move an urgent application before the High Court on the night of 8th September 2014.

The court also has to decide whether such refusal or delay in granting the Applicant’s attorney permission to him constituted an infringement of the Applicant’s right to legal representation as enshrined under Section 10 of the Constitution of Botswana and access the High Court as it is entitled to in terms of Section 10 as read with Section 95 of the Constitution of Botswana.    


Botswana Police Commissioner, Mr. Keabetswe Makgophe, in his response to Mokone’s accusations, through an affidavit said, “there was no denial, had the applicant’s Commissioner of Oath not been impatient, his affidavit would have been commissioned.”


“I am verily advised that it would have been very improbable to find the Honorable Judge still waiting at Lobatse after midnight for a possible urgent application whose documents/papers had not been properly registered and or served on the other party. Arguments will be made by my (Makgophe) attorneys that the detention (of Mokone) was necessary, justified and not unlawful.”  


The dispute started in August 2014 when Sunday Standard newspaper edited by Outsa Mokone published a story that President Khama got involved in a car accident while driving alone at night.


Before publishing the article Mokone said he enquired about the credibility and reliability of the source but Tsimane stood by the story insisting that he contacted and for the record noted Dr. Jeff Ramsay’s comments as the President’s Spokesperson. Due to the fact that Tsimane is a senior reporter and the experience he had, Mokone said he also stood by the article.


The Sunday Standard senior reporter later disappeared and sought asylum in South Africa following an alleged tip – off by his elder brother, Clement Tsimane, a Directorate of Intelligence and Security Service (DISS) agent that his life was in danger following a series of offensive stories to those in power.


According to the government’s response to the article at the time of the alleged accident, the president was neither the driver nor a passenger of the involved vehicles in the accident.


 It was also alleged by the government and Makgophe in his court filing that the collision took place between a Toyota Land Cruiser Prado SUV not a black Range Rover as alleged by the paper and a private Ford Ranger not a Jeep on the A1 at Dibete.

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Cabinet approves AFCON dream

24th January 2022
zebras

The government of Botswana has reportedly approved the dream of hosting African Cup of Nations in 2027 with Namibia as co-host, following a proposal to cabinet by Minister of Youth Empowerment, Sports and Culture Development, Tumiso Rakgare.

WeekendSport learns that the organizing committee dreaming to host the tournament is preparing to hand their hefty book to Confederation of African Football (CAF) when bidding stage comes into open. Botswana Football Association (BFA) has, to this date, managed to win the confidence of the government, and all thoughts around the African football prestigious tournament are given serious attention with acceleration of construction of 10 mini stadia across the country, sources have said.

Furthermore, reports in Namibia state that the Botswana government has approached them with a proposal to co -host the 2027 edition of African tournament. “I can confirm that the minister of sport in Botswana has written to our minister but these are still early days and no decision has been made yet,” Audrin Mathe, an executive director in the Ministry of Sport was quoted by Namibia Sun this week. Meanwhile, Rakgare has said: “It is still an internal issues but yes, we are interested in hosting with Namibia.”

All the while, BFA president who also sits in CAF national executive committee is expected to embody a more emotive promise about the ability of African Cup in Botswana and how it can benefit the citizenry and by extension, the Southern region. With Zimbabwe having come out clean about their intentions to bid for 2034 World Cup, there has been a growing feeling that Botswana should try her luck, and therefore Botswana delegation will be hopeful to walk a fine line.

Although, the commercial potential of a Botswana AFCON Cup is a compelling factor in their favour, following the relative uncertainty of many African countries ( due to political instability, extent of corona virus ) and state of insecurity, BFA is minded not make that their thrust of the case. Hence the concentration on providing a home from home for all teams among Botswana’s diverse population and the opportunity to use the proceeds to advance legacy projects around Africa. The feeling on the ground is that the move might be bold, and some association influential players believe that it will be a matter of upgrading Maun stadium, Masunga and Serowe stadium.

An idea is also harbored that another stadium will be built in around Gaborone to boost the existing National Stadium with the Lobatse and Francistown stadia also expected to play pivotal role.  All the while, a more than P20 million operational budget is said to be needed to travel the African countries in convincing them that Botswana is more suitable to host with its security and economy very much stable.

Botswana passes the mark when it comes to transportation, accommodation and hotel facilities. The fact that CAF normally want a country that has hosted youth tournaments before enables Botswana to score points in that it has hosted before. The only problem that might mark Botswana down is road infrastructure.  BFA will consider roping in an experienced sport person and the high profile of former players like Diphetogo Selolwane is anticipated to appear for the thoughts building around the bid, and his name will be seen as watershed moment.

The southern region, however, might be dealt a devastating blow following the catastrophe that hit Angola when they hosted the 2010 edition. The Togo team was shot by rebels and panic erupted.  However, the field is open and the ever shifting sands of CAF internal politics make the race hard to call and feed fears of horse trading and backroom deals.

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Major public services shake-up looms

24th January 2022
Emmah

Public Servants should brace themselves for some changes as the government is in an overdrive mode to overhaul the public sector. The government has also set the tone for the looming changes as it has added the public sector to its looming list of major and sweeping reforms.

This is contained in a savingram from the Permanent Secretary to the President (PSP) Emmah Peloetletse’s office showing how the government intends to “take stock” of all reforms in the public sector through the establishment of an inventory.  Peloetletse’s savingram addressed to various ministries and the Directorate of Public Service Management (DPSM) reveals that the government is working around the clock to implement some changes in the Public Service.

The savingram reminded Permanent Secretaries of various ministries and DPSM that the public sector reforms unit (PSRU) at the Office of the President is mandated with Coordinating Reforms across the Public Service.  “This essentially entails providing the strategic guidance and facilitation in the implementation of reforms across the Public Service. In this endeavour the Unit has in the past with Technical Assistance from European Union developed a template for documenting Reforms in the Public Service and documented ten (10) major reforms across the Public Service,” reads the savingram in part. It added that “The Unit has lately rolled out the Change Management Framework in an effort to facilitate effective and efficient management of change in the Public Service.”

According to the savingram, it has been noted that for a variety of reasons the use of the template for documenting reforms has not been universally used across the Botswana Public Service.  It further states that to facilitate the documentation of the reforms it is essential that an inventory of the various reforms across the Public Service (Central Government, Local Government and State Owned Entities) is established.

“By this correspondent we are seeking your assistance in populating the attached template to provide basic information on the various reforms. The PSRU will, through the various Coordination of focal Persons facilitate the full documentation of the reforms once the inventory is established,” the savingram further stated. The copy of the template among others calls on the focal persons to fill out them form under several headings; they include title of reform, start date, reform objectives, reform components, reform components, progress status.

The savingram echoes President Mokgweetsi Masisi’s announcement last year during his state of the nation address that as a nation Botswana has set itself a lofty goal of becoming a high income country by 2036 and has come up with a list of reforms among them digitisation of government infrastructure. He said the path to achieving this goal dictates that, Botswana takes deliberate steps that will transform its institutions; the way Batswana think and the way they act.

“It is with this in mind, that I presented a Reset Agenda in May 2021, with the following priorities: Save Botswana‘s population from COVID-19, by implementing a series of life saving measures that include a successful and timely vaccination programme, Adherence to COVID-19 health protocols remains key and align Botswana Government’s machinery to the Presidential Agenda, to ensure that the national transformation agenda will be embodied in the public service of the day,” said Masisi. He added that, “this will come with significant Government reforms in all public institutions. We need greater agility and responsiveness like never before in the delivery of public services.”

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Covid-19 Task Force meddled in tenders-report

24th January 2022
Dr. Kereng Masupu

The Presidential COVID-19 Task Force reportedly meddled in the awarding of tenders for COVID-19, a new Public Accounts Committee (PAC) report has revealed.

The Committee expressed concern that it has noted that there are two centres for covid procurement being the Ministry of Health and the Covid Task team in the Office of the President. The report says the Committee questioned the Accounting Officer on why the COVID 19 task team is usurping the powers of the Ministry of Health by engaging in covid procurement when the Ministry of Health is the one which has the experience and mandate of dealing with the pandemic. The report says clarification was also sought on why direct appointment is the preferred method for covid procurement.

“In her response the Accounting Officer stated that the task team was mainly engaged in the procuring of quarantine facilities and was assisting the Ministry of Health due to the heavy workload brought about by the COVID 19 pandemic,” the report says. The report says the Accounting Officer further stated that direct procurement was used because COVID 19 was treated as an emergency and that procurement was mainly from companies that have been traditionally used by the Ministry of Health.

“This however, is not the case as there has been report of new companies being awarded COVID -19 contracts. The use of direct procurement method should only be used in exceptional cases as it’s a non-competitive method which increases the risk of inflated pricing and close relations with particular suppliers to the detriment of others,” the report says.

It says since most covid procurement fell under emergency, there is need for openness and transparency regarding the procurement.  The PAC recommended that in order to ensure transparency and accountability all COVID 19 related procurement should be periodically published in the PPADB website giving full details of the companies receiving procurement contracts and the beneficial owners of the companies.

It says with the passage of time the impact of covid is no longer unexpected so direct awards should gradually be abandoned as the medium and long-term needs of the pandemic can now be predicted. “Judgement should be used even during direct awards to ensure that prices are not higher than the market prices,” the report says.

In a related matter, the report says the Central Medical Stores (CMS) was unable to cater for the required quantities of medical supplies with order fulfilments of about 35% resulting in shortages and insufficient drugs to Athlone Hospital and the surrounding clinics.
“In his submission the Accounting Officer had indicated that CMS was unable to supply the exact quantities required by the hospital and surrounding clinics due to the fact that supplies from CMS have to be rationed in order to cover other facilities around the country,” says the report.

The committee expressed concern about the inadequate supply of drugs to government facilities which puts the lives of patients at risk due to non- availability of essential supplies. It recommended that the Ministry identifies and prioritise measures that need to be taken to ensure that there is adequate supply of essential medicines which are needed in the public health system.

Meanwhile the report says the Ministry of Health and Wellness coordinates the operations and functions of some institutions which receive government subventions and secondment of staff from the government. These institutions include 10 NGO’s, two mission Hospitals, three mission clinics and two schools of Nursing.

It says in its endeavour to enhance efficiency and effectiveness of government support to NGOs the Ministry of Finance and Economic Development developed some Policy Guidelines for Financial Support to Non- Governmental Organisations.  According to the PAC report, the guidelines were meant to ensure that there is consistency, accountability and transparency in administering public funding to NGOs. However, the Ministry of Health did not comply with the very important guidelines.

“The main areas of non-compliance were the following: (i) There was no Evaluation Committee to vet proposals from NGOs, in some instances NGOs had formed part of the evaluation forum when their requests were being considered,” the report says.  It says there was continued funding of NGOs even when they failed to submit narrative and financial progress reports; and (iv) Continued funding of NGOs that failed to submit audited financial statements and management letters as required. The Committee expressed concern at the lapses in the administration of grants by the Ministry despite the large sums of public money awarded to these NGOs.

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