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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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.