President Lt Gen Ian Khama has rejected an appeal from his trusted and loyal lawyer,Parks Tafa of Collins Newman and Co to appoint Omphemetse Motumise the the vacant position of high court judge.
The President, it has come to light has refused to endorse the recommendation of the Judicial Service Commision (JSC) to appoint senior attorney, Motumise on undisclosed reasons.
When he recommended Motumise, the president’s loyal and trusted legal advisor, Tafa said “ I first met Motumise in the late 1980’s when we both studied Law at the University of Botswana and when he completed his degree he joined the University as a staff development Fellow and Director of the Legal Aid Clinic.”
“Since we both joined private practice,we have interacted as professional colleagues.As a practitioner,Mr Motumise has exhibited thoroughness,intellect,knowldge of the law and superior analytical skills in his work,” posits Tafa in his recommendation letter.
Tafa continues that Motumise ‘particularly distinguished himself when he was Chairman of the Law Society of Botswana,handling its affairs with exemplary dedication and uniting it behind a vision defined by intergrity,commitment to ethics,high professional standards and the welfare of practitioners.”
Tafa further prayed for Motumise ‘s appointment saying while at LSB “he treated attorneyes with respect and evenhandedness.”
He further posits that Motumise ‘s humility and unassuming disposition have earned him wide respect within the legal fraternity. “I believe Motumise is a wirthy candidate who would add value to our Adminisatration of justice,” he said. Weekendpost efforts to hear from the President following a series of attacks on his person and intergrity were futile this week.
The President, known to throw in jabs in informal and often wrong platforms about serious issues has not said anything about the matter despite various attacks from stakeholders. The issue has taken so many different twists and turns since it was first reported.
“We have looked into and discussed your request and we regret to inform you that the President will not comment on the issue. The president does not comment on public domain issues and those before the courts,” Gobe Pitso, the Press Secretary to the President told this publication.
The Presidency, which has been using the ‘news rebuttal’ communication style through government administered social media page, ‘BW Government’ has not said anything to date on the matter.
The page has in the past been used among others ,to counter presidential character assasination reports and project the government’s position on public interest matters, particularly on ‘matters of grave concern and importance’.
It is not clear on whose advise Khama was acting on.The matter however has not yet gone to court, LSB has only instituted a statutory notice to sue on the matter. The president is known to vent his views and respond to critics in Kgotla meetings and other informal and welcoming platforms.
“Peharps the anger of the stakeholders may have unsettled the President hence his silence on the matter. But generally our constitution doesn’t compel the President to account on his refusal to act on the recommendations of any body,” said an observer in the legal fraternity.
Weekendpost approached the main character of the story, attorney Motumise to hear his side of the story and the rejected legal brain, like Khama, was not willing to discuss the issue saying he could, if he chose to speak, but it could be later.
The LSB on Wednesday called members of the press to update them on the matter.Their tone had not changed as they were still fuming accusing Khama of acting unconstitutionally and undemocratically.Efforts to unearth Khama ‘s reservations about Motumise’s appointment are still hitting a snag as some hints are incredible while some do not pass the common sense test,atleast to a reasonable man.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.