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Khama rejects tribal card in Motumise saga

Motumise, from Kgalagadi, was the most qualified

Latest information suggest that President Lt Gen Ian Khama rejected the Judicial Service Commission (JSC) and his trusted lawyer Parks Tafa’s recommendations to appoint Senior Attorney, Omphemetse Motumise to the vacant position of High Court judge because of suggestions in the JSC’s recommendation sheet which spelt out that the President should also consider the tribal imbalances that marred the judiciary as justification for the senior attorney’s appointment.


WeekendPost has established that the JSC had suggested that apart from Motumise being the most qualified for the job, it would also be very important for the President to appoint him to bridge the tribal imbalances in the judiciary.


Motumise, who was born 52 years ago in a village of Lokgwabe – a village of less than 3000 inhabitants, would have been the only judge to come from the Kgalagadi District out of 22 men and women appointwed to the High Court bench. Botswana has 22 judges – eight are based at the Gaborone High Court; seven are in Lobatse; while another seven serves the Francistown High Court.


Khama was unhappy with the tribal justifications and felt that the reference polluted the entire case and could as well be the main reason that fermented Motumise’s recommendation. His reservation was that the tribal reasoning confused him as to whether the JSC considered Motumise on Judicial tribal imbalances or merit. The President is alleged to have said while he didn’t have a problem with Motumise, he was concerned that the JSC recommendation seemed to hinge on the said tribal imbalance at the bench.


A high-ranking source told this publication that Motumise also has a few ancient squabbles with the current regime dating back to his days as a Commissioner of the Independant Electoral Commission (IEC) – an instituion charged with the constitutional mandate of managing, organising and holding free and fair elections in Botswana, which falls under the Office of the President.


Motumise was once deputy Chairperson of the Independent Electoral Commision for ten years, often acting as Chairman of the Commission. The BDP, as it has come to be known, has often been accused of controlling the institution while the opposition ascribe the BDP’s dominance to its overly control over the EIC. Motumise is said to have occasionaly rejected a few of the leadership’s proposals.


Khama’s loyal and trusted lawyer, Parks Tafa had painted Motumise with bright colours citing him in his recommendation letter as a man who has ‘exhibited thoroughness, intellect, knowledge of the law, and superior analytical skills in his work.’


Tafa had further said Motumise’s humility and unassuming disposition has earned him wide respect within the legal fraternity. “I believe Motumise is a worthy candidate who would add value to our Administration of justice.”


However even Tafa’s trusted words and counsel could not convince the President who many wondered what he may be up to. Khama reportedly met the JSC twice as an effort to iron out differences following his refusal to endorse Motumise.


The President’s stance angered the legal fraternity and provoked threats of a law suit from the Law Society of Botswana. The office of the President’s Press Secretary, Gobe Pitso did not respond to Weekendpost questions over the issue, neither did the JSC.


The LSB posits that the refusal by the President to appoint Motumise as a judge contravened section 96 (6) of the constitution which makes it mandatory for the President to appoint a judge in accordance with the advice of the JSC. They say the President has no discretion and therefore must appoint in accordance with such an advice.


Following this legal wrangle, Khama appointed the identical twin brother of Assistant Minister of Trade and Industry, Sadique Kebonang – Zein Kebonang as acting judge. LSB has promised to challenge the acting appointment at the high court saying it is or was unconstitutional. The Law Society is yet to file papers.


The cost of acting judge-Zein Kebonang

Legal eagles say Kebonang’s appointment will leave the judiciary with dillemas after the elapse of his acting term.


One of Gaborone’s prominent lawyers, Kgosiitsile Ngakaagage in an interview with this publication opined that Judges’ positions are constitutionally entrenched and a fixed term appointment or acting appointment runs in tandem with the spirit of the constitution.

 “The entrenchment is intended to bolster the Judge's conscious fortitude given the sensitivity of the attendant mandate. A Judge who does not have constitutional protection on account of an acting appointment lacks that advantage constitutionally deemed to be indispensable to the proper discharge of the constitutional mandate,” he said.

Further, Ngakaagage said an acting appointment to a judicial vacancy that may as well be substantively filled, may well, rightly or wrongly, be interpreted to be probationary in nature. That, he said, does not help to bolster confidence in the administration of justice.

Ngakaagae went further to say an active appointment, may however be unavoidable, and perhaps justifiable, in addressing with backlog issues, since the appointees do not assume their mandates with the hope or expectation of being appointed to an existing substantive post.

“Conversely, the long turnaround times pervade the judicial resolution of cases may result in the creation or more backlog and inevitable renewals of acting appointments especially in criminal cases where cases aren't transferrable,” he said.


According to Ngakaagae, it makes no sense to appoint a qualified man to a vacant post on an acting basis when you can as well appoint them on a permanent basis. “You cannot claim to be looking for greater merit than that which commended him to the basis. Whilst the appointee may be sufficient qualified, and fit and proper for the post, the  irrationality, in the absence of a cognizable explanation, may unduly cast doubt on the bona fides of the appointment,” charged Ngakaage who is one of the finest legal brains locally.

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State forged Kgosi’s arrest warrant

22nd July 2021
FORMER DIS BOSS: ISAAC KGOSI

In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).

The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.

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UDC parties discuss by-elections

22nd July 2021
UDC

Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.

Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.

The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.

This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).

The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.

The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.

In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.

Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.

Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.

“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.

Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.

“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.

The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.

UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.

Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.

Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.

Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”

Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.

FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS  

With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.

BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.

BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.

It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.

Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”

It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.

At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.

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DIS infiltrates Police fingerprint system

22nd July 2021
Makgope

Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.

Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.

BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.

The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.

By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.

In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.

“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.

“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.

The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.

All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.

“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.

Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.

Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.

COVID-19 RAVAGES POLICE

As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.

“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.

The cops further complain about that working spaces are small, as such expose them to contact the virus.

“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.

The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.

“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.

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