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Friday, 19 April 2024

Judge baffled by BNYC chair’s benefits

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VICTORIOUS: Botswana National Youth Council (BNYC) Executive Director, Benjamin Raletsatsi is seen here with lawyers acting for his organisation after they successfully fought an urgent court application by the suspended BNYC chairman, Louis Sibanda on Wednesday.

The plan by suspended Botswana National Youth Council Chairperson (BNYC) Louis Sibanda to keep receiving financial benefits from the organization while serving his suspension was this week shattered by the High Court in Gaborone – after his urgent application was dismissed with costs.


High Court, Judge Zein Kebonang questioned why the BNYC chairman gets priviledges similar to those of employees.


The main contention to the case was Sibanda’s uneasiness with losing benefits associated with his office. This publication understands that BNYC provides Sibanda with free accommodation as well as sitting allowances by the virtue of him being the organisation’s chairperson.


Investigations by this publication have revealed that the chairperson of the organization benefits from a relatively high cost house worth of P6500 per month of rentals. It is also understood that Sibanda gets an estimated sitting allowance of P700 per sitting.


BNYC Executive Secretary Benjammin Raletsatsi also confirmed briefly outside court to this publication on Wednesday that the chairperson of the organization benefits from a medium-high cost house worth of P6500 per month of rentals.


According to Raletsatsi, “the bearer of the position (chair) also attracts a sitting allowance of around P700 per sitting and normally the Executive Committee sits once or more than that per month”. Other board members are estimated to receive around P500 in every sitting of the organisation’s meetings.


Sibanda was deprived of the priviledges and suspended from office for alleged maladministration. The benefits were scrapped following his suspension by the Executive Committee as he was removed from office to create way for unhindered and un-interfered parallel investigations by both the National Assembly and Directorate on Corruption and Economic Crime (DCEC).


Initially the urgent application by Sibanda had sought to have the decision of BNYC Executive Committee to suspend him be set aside on account of procedural irregularities that occurred in the process of reaching its decision. However more concentration was targeted particularly to benefits deprived of the chairperson during the suspension – at least that was their bone of contention, this publication has observed.


Justice Zein Kebonang has also questioned the logic behind Sibanda’s benefit of free accommodation while he is and was not an employee of BNYC – but just a board member.


When making submissions before court, a lawyer representing Sibanda, Mugoni Molodi of Mugoni Molodi Attorneys said that if court does not set aside the suspension, his client (Sibanda) will lose benefits which she is entitled to, like free rental house and sitting allowances – as he remains the substantive chairperson despite suspension.  


He said these priviledges were mandatory to the chairperson until his term of office elapses (after the 3 years which they are allocated in office).


On his part renowned attorney Uyapo Ndadi of Ndadi Lawfirm who represented BNYC said it was befitting that he be denied the benefits because he was not carrying out any duties related to the office due to his suspension. “He has no right to that accommodation as he is not entitled to it – it is a priviledge,” he argued.

“He is not doing any business with BNYC because he is not carrying out that duty. He does not even deserve to have been in the house to start with, in my opinion. Moreover he has not shown that he has that right to accommodation in his argument, he acknowledged it as a privilege – which is self-defeating,” Ndadi pointed out.   


Ndadi further asked the court to endow punitive measures to Sibanda as the case is self serving and places individual interest beneath interest of the organization. He said Sibanda wants to protect self serving interests like sitting allowances and accommodation while he was not currently carrying out the organisation’s functions.


“These elements show that this application is self serving as it is just about personal rights. It is an abuse of court process,” he argued.

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Nigerians, Zimbabweans apply for Chema Chema Fund

16th April 2024

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

15th April 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

15th April 2024

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.

 

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