Connect with us
Advertisement

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.

Continue Reading

News

Details emerge in suspected Batswana poachers in Namibia

28th June 2022
suspected Motswana poacher arrested

New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.

The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.

It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong.  According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.

Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.

“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.

According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”

He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.

“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.

Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.

“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.

Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.

“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.

Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”

He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.

He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”

Continue Reading

News

Gov’t, Unions clash over accommodation

28th June 2022
accomodation

The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.

This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.

A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”

“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.

“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.

According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.

The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.

The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation.
The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).

Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.

The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.

“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”

The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”

“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.

Continue Reading

News

BPF NEC probes Serowe squabbles

28th June 2022
BPF

Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.

In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.

Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.

BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.

As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.

“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.

Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.

“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.

This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.

“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.

Continue Reading
Do NOT follow this link or you will be banned from the site!