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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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Civil Service volatility: Democracy vs Bureaucracy

19th April 2021
President Masisi

Here is how one Permanent Secretary encapsulates the clear tension between democracy and bureaucracy in Botswana: “President Mokgweetsi Masisi’s Government is behaving like a state surrounded with armed forces in order to capture it or force its surrender. The situation has turned so volatile, for tomorrow is not guaranteed for us top civil servants.

These are the painful results of a personalized civil service in our view as permanent secretaries”. Although his deduction of the situation may be summed as sour grapes because he is one of the ‘victims’ of the reshuffle, he is convinced this is a perfect description of the rationale behind frequent changes and transfers characterising the current civil service.

The result of it all, he said, is that “there is too much instability at managerial and strategic levels of the civil service leading to a noticeable directionless civil service.” He continued: “Changes and transfers are inevitable in the civil service, but to a permissible scale and frequency. Think of soccer team coach who changes and transfers his entire squad every month; you know the consequences?”

The Tsunami has hit hard at critical departments and Ministries leaving a strong wave of uncertainty, many demoralised and some jobless. In traditional approaches to public administration, democracy gives the goals; and bureaucracy delivers the technical efficiency required for implementation. But the recent moves in the civil service are indicative of conflicting imperatives – the notion of separation between politicians and administrators is becoming blurred by the day.

“Look at what happened to Prisons and BDF where second in command were overlooked for outsiders, and these are the people who had sacrificially served for donkey’s years hoping for a seat at the ladder’s end. The frequency of the changes, at times affecting the same Ministry or individual also demonstrates some level of ineptitude, clumsiness and lack of foresight from those in charge,” remarked the PS who added that their view is that the transfers are not related to anything but “settling scores, creating corruption opportunities and pushing out perceived dissident and former president, Ian Khama’s alleged loyalists and most of these transfers are said to be products of intelligence detection.”

Partly blaming Khama for the mess and his unwillingness to let go, the PS dismissed Masisi for falling to the trap and failing to outgrow the destructive tiff. “Khama is here to stay and the sooner Masisi comes to terms with the fact that he (Masisi) is the state President, the better. For a President to still be making these changes and transfers signals signs of a confused man who has not yet started rolling his roadmap, if at all it was ever there. I am saying this because any roadmap comes with key players and policies,” he concluded.

The Ministry of Health and Wellness seems to be the most hard-hit by the transfers, having experienced three Permanent Secretaries changes within a year and a half. Insiders say the changes have everything to do with the Ministry being the centre of COVID-19 tenders and economic opportunities. “The buck stops with the PS and no right-thinking PS can just allow glaring corruption under his watch as an accounting officer. Technocrats are generally law abiding, the pressure comes with politically appointed leaders racing against political terms to loot,” revealed a director in the Ministry preferring anonymity.

The latest transfer of Kabelo Ebineng she says was also motivated by his firm attitude against the President’s blue-eyed Task Team boys. “The Task Team wants to own the COVID-19 pandemic and government interventions and always cry foul when the Ministry reasserts itself as mandated by law,” said the director who added that Masisi who was always caught between the crossfire decided on sacrificing Ebineng to the joy of his team as they (Task Team) were in the habit of threatening to resign citing Ebineng as the problem.

Ebineng joins the Office of the President as a deputy Coordinator (government implementation and coordination office).The incoming PS is the soft-spoken Grace Muzila, known and described by her close associates as a conformist albeit knowledgeable.

One of the losers in the grand scheme is Thato Raphaka who many had seen as the next PSP because of his experience and calm demeanour following a declaration of interest in the Southern African Development Community (SADC) Secretary post by the current PSP, Elias Magosi.

But hardly ten months into his post, Raphaka has been transferred out to the National Strategy Office in what many see as a demotion of some sort. Other notable changes coming into OP are Pearl Ramokoka formerly with the Employment, Labour and Productivity Ministry coming in as a Permanent Secretary and Kgomotso Abi as director of Public Service Reforms.

One of the ousted senior officers in the Office of the President warned that there are no signs that the changes and transfers will stop anytime soon: “If you are observant you would have long noticed that the changes don’t only affect senior officers but government decisions as well. A decision is made today and the government backtracks on it within a week. Not only that, the President says this today, and his deputy denies it the following day in Parliament,” he warned.

Some observers have blamed the turmoil in the civil service partly to lack of accountable presidential advisers or kitchen cabinet properly schooled on matters of statecraft. They point out that politicians or those peripheral to them should refrain from hampering the technical and organizational activities of public managers – or else the party (reshuffling) won’t stop.

In the view expressed by some Permanent Secretaries, Elias Magosi, has not really been himself since joining the civil service; and has cut a picture of indifference in most critical engagements; the most notable been a permanent secretaries platform which he chairs. As things stand there is need to reconcile the imperatives of democracy and democracy in Botswana. Peace will rein only when public value should stand astride the fault that runs between politicians and public managers.

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Morupisi fights for freedom in court

19th April 2021
morupisi

Former Permanent Secretary to the President, Carter Morupisi, is fighting for survival in a matter in which the State has charged him and his wife, Pinnie Morupisi, with corruption and money laundering.

Morupisi has joined a list of prominent figures that served in the previous administration and who have been accused of corruption during their tenure in office. While others have been emerging victorious, Morupisi is yet to find that luck. The High Court recently dismissed his no case to answer application.

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Pressure mounts on Biden to suspend Covid-19 vaccine patents

19th April 2021
Joe Biden

United States President, Joe Biden, is faced with a decision to make relating to the Covid-19 vaccine intellectual property after 175 former world leaders and Nobel laurates joined the campaign urging the US to take “urgent action” to suspend intellectual property rights for Covid-19 vaccines to help boost global inoculation rates.

According to the world leaders, doing so would allow developing countries to make their own copies of the vaccines that have been developed by pharmaceutical companies without fear of being sued for intellectual property infringements.

“A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly,” the signatories, comprising more than 100 Nobel prize-winners and over 70 former world leaders, wrote in a letter to US President Joe Biden, according to Financial Times.

A measure to allow countries to temporarily override patent rights for Covid related medical products was proposed at the World Trade Organization by India and South Africa in October, and has since been backed by nearly 60 countries.

Former leaders who signed the letter included Gordon Brown, former UK Prime Minister; François Hollande, former French President; Mikhail Gorbachev, former President of the USSR; and Yves Leterme, former Belgian Prime Minister.

In their official communication, South Africa and India said: “As new diagnostics, therapeutics and vaccines for Covid-19 are developed, there are significant concerns [about] how these will be made available promptly, in sufficient quantities and at affordable prices to meet global demand.”

While developed countries have been able to secure enough vaccine to inoculate their citizens, developing countries such as Botswana are struggling to source enough to swiftly vaccine their citizens, something which world leaders believe it would work against global recovery therefore proving counter-productive.

Since the availability of vaccines, Botswana has been able to secure only 60 000 doses of vaccines, 30 000 as donation as from the Indian government, while the other 30 000 was sourced through COVAX facility.  Canada, has pre-ordered vaccines in surplus and it will be able to vaccinate each of its citizens six times over. In the UK and US, it is four vaccines per person; and two each in the EU and Australia.

For vaccines produced in Europe, developing countries are forced to pay double what European countries are paying, making it more expensive for already financially struggling economies.  European countries however justify the price of vaccines and that they deserve to buy them cheap since they contributed in their development.

It is evident that vaccines cannot be made available immediately to all countries worldwide with wealthy economies being the only success story in that regard, something that has been referred to as a “catastrophic moral failure”, head of the World Health Organisation (WHO), Tedros Adhanom Ghebreyesus.

The challenge facing developing countries is not only the price, but also the capacity of vaccine manufactures to be able to do so to meet global demand within a short time. The proposal for a patent waiver by India and South Africa has been rejected by developed countries, known for hosting the world leading pharmaceutical companies such US, European Union, the United Kingdom, and Switzerland.

According to the Financial Times, US business groups including pharmaceutical industry representatives, have urged Biden to resist supporting a waiver to IP rules at the WTO, arguing that the proposal led by India and South Africa was too “vague” and “broad”.

The individuals who signed the letter, including Nobel laureates in economics as well as from across the arts and sciences, warned that inequitable vaccine access would impact the global economy and prevent it from recovering.

“The world saw unprecedented development of safe and effective vaccines, in major part thanks to US public investment,” the group wrote. “We all welcome that vaccination rollout in the US and many wealthier countries is bringing hope to their citizens.”

“Yet for the majority of the world that same hope is yet to be seen. New waves of suffering are now rising across the globe. Our global economy cannot rebuild if it remains vulnerable to this virus.”
The group warned that fully enforcing IP was “self-defeating for the US” as it hindered global vaccination efforts. “Given artificial global supply shortages, the US economy already risks losing $1.3tn in gross domestic product this year.”

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