Connect with us

Judges panel to rule on death penalty

Three death row inmate keenly awaiting judgment

The Court of Appeal is being compelled to pronounce the constitutionality of the death penalty which is provided for by section 203 of the Penal Code of the laws of Botswana.

In a case that has a potential to do away with the death sentence, the Directorate of Public Prosecution (DPP) would lead arguments before a panel of judges of the Appeal Court on the 29th of this Month in support of the said sentence while Kgosiitsile Ngakayagae would oppose the application on behalf of a murder convict, Rodney Alfred Masoko who is cited in the case.

The DPP intends to challenge Justice Tshepo Motswagole’s judgment in which he outlawed the death sentence when handling Masoko’s case in October 2013. When passing the judgment, Motswagole argued that section 203 contravened several sections of the constitution and sentenced Masoko to life imprisonment for murdering his girlfriend in cold blood.

Although the said section prescribes death penalty for murder crimes which were committed without extenuating circumstances, Motswagole maintained that the practice was inhumane and could be evoked at the judge’s discretion.

The DPP however wants the court of appeal to force Motswagole to make a fresh judgment on the matter and evoke section 203 as there were no extenuating circumstances in Masoko’s case.

The court of appeal’s matter comes at a time when three death row in -mates are yet to appear before the same court with desperate pleas for their lives. Patrick Gabaakanye was sentenced to death by Justice Walia in July 2014 while co-accused, Daniel Semi and Gaolatlhe Thusang were given the same capital sentence by Justice Leburu last year.

When passing the judgment, Justice Leburu interpreted section 203 differently from Justice Motswagole. Leburu’s understanding is that the court is at large to probe extenuating or mitigating and or aggravating factors in the absence of which, the death sentence has to be meted out.

The case that was before Leburu, involved three murder accused, Semi and Thusang who were hired by a certain Agisanyang Motukwa to kill his father because he believed he was bewitching him. Although Leburu sentenced the hired men to death, he found the witchcraft believe, to be an extenuating circumstance and gave Motukwa a lesser sentence.

The decision by the court of appeal would therefore have a direct impact on appeal cases of the three men who are waiting in prison to be “hanged by their necks until they die.”

Meanwhile the court is to decide whether to reduce a 25 year jail sentence of a man who brutally murdered his pregnant girlfriend in 2008. Mokgweetsi Mosope was sentenced by the high court to what he feels is an excessive sentence and has engaged the service of an attorney to persuade the court to reduce his sentence to a maximum of 20 years jail term instead.

However the Public Prosecution maintains that the 25 years imprisonment was warranted in this case looking at the fact that he attacked a defenceless woman and also killed his unborn child during the brutal attack. According to the Prosecution, Masoko killed the girlfriend following a heated argument over his continued failure to sleep at her house. Following the quarrel, he went away and on his return, the girlfriend who did not know he was holding a murder weapon invited him to bed. Instead he turned on her and stabbed her with a knife multiple times. Mosope admitted that he killed the girlfriend in a spate of anger.

Premeditated murder in Botswana is punishable by death through hanging. However the courts can exercise discretion where there are extenuating circumstances and can deliver a non-capital punishment of a long term imprisonment. In most cases the offenders are given a maximum of 25 years jail term.

Other crimes that attract the same sentence include treason, espionage and military offences.

The treason crimes include attempting to overthrow the government, attempting to forcibly change the law or government policies, attempting to usurp the state’s executive power, assisting the enemy in wartime, assisting anyone who threatens the security of the state or instigating invasion of the state .

Some of the military offences that could attract death sentence include aiding the enemy, cowardly behaviour, mutiny involving violence or threat of violence and failure to suppress mutiny with the intent to assist the enemy.

However, the military offence is not a matter of the judicial court and rather that of the military and the state President who is the commander of the armed forces by statute. The President can actually prescribe the manner of execution for the members of the Botswana Defence Force offenders.

Continue Reading


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.

Continue Reading


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.


Continue Reading


Unions brace for showdown as demands for 15% pay hike intensify

15th April 2024

As tensions mount between public service unions and the government, the prospect of a major strike looms large. The unions, representing hundreds of thousands of workers across the country, are demanding a 15% pay increase, arguing that public sector employees have been undercompensated for years. The government, however, has so far refused to accede to the unions’ demands, setting the stage for a potential confrontation that could have far-reaching implications for both public services and the broader economy.

There are fears that public service unions may embark on industrial action should their members give the leadership of the unions the greenlight to do so as they push for a 15 percent salary hike. This comes amid reports that pressure is mounting on government to increase salaries for five Cooperating Unions (BLLAHWU, BOPEU, BONU, BOSETU, BTU). The latest development is likely to escalate tensions between the two parties.

According to the coordinator of the five unions, Ketlhalefile Motshegwa, the leadership of the unions would hold country wide mass workers rallies/meetings on the 22nd – 24th April 2024, to update and consult public servants on adjourned salary negotiations with Government through Directorate of  Public Service Management (DPSM).

The rallies come after the unions had proposed 15% salary increment to cushion workers against purchasing power but could failed to reach a positive outcome with the government.

“Believing that workers as creators of wealth, deserve a stake in redistribution of benefits the economy, the   Unions in their proposal are pushing for equity,” said Motshegwa.

He said a key objective of compensation administration is to ensure internal & external equity in the payment of salary & other benefits. “Internal equity refers to the payment of equal compensation for jobs of similar nature and worth within the organisation. The Employer Party’s Position Paper is silent on this key principle despite recent developments that violate it,” he said.  Another issue, Motshegwa explained is relates to protection of workers welfare.

“As a matter of human rights, wages should be sufficient to accord the worker and his/her household an acceptable standard of living. Further, wage adjustments should protect workers’ welfare. This means protecting real wages from erosion by inflation. The Employer party does not address this most critical of issues even though the Union Party explicitly raised it,” he said. Regarding motivation and staff morale, Motshegwa said wage setting is also fundamentally about motivating workers.

“It matters not only what workers are offered but also how internal relativities are affected. Workers can be demotivated not only by low salary adjustments but also by discriminatory treatment,” said Motshegwa.


At the heart of the dispute is a fundamental question: do public sector workers deserve a significantly higher wage than they currently receive? Unions argue that public servants are essential to the functioning of society, and that they have been systematically undermined by years of austerity measures. They point to recent pay increases in the private sector, which have significantly outpaced public sector wages, as evidence of a growing disparity that needs to be addressed.

The government, for its part, has historically been reluctant to grant substantial pay increases to public sector workers, citing concerns about fiscal sustainability and the need to balance budgets. In its view, the current wage demands represent an unsustainable burden that could jeopardize the provision of essential public services.

The stakes could not be higher for both sides. For the unions, a successful wage campaign could be a transformative moment, reaffirming the power of collective bargaining and the essential role of public sector workers. It could also strengthen the hand of labor movements across the country, emboldening workers to demand better wages and working conditions in other sectors.

For the government, a major strike would be a political and economic nightmare, disrupting vital services and potentially triggering a broader crisis of confidence in its ability to govern. It would also put enormous pressure on the government to find a way to resolve the dispute, potentially leading to concessions that could set a precedent for future wage demands in the public sector.

As the deadline for the current round of negotiations approaches, the tension is palpable. Unions are stepping up their efforts to mobilize support among their members and the public at large, painting a stark picture of the consequences of further wage stagnation. They are organizing mass rallies and strike votes, aiming to put maximum pressure on the government to back down.

The government, for its part, is digging in its heels, issuing stern warnings about the economic and political fallout of a major strike. It is exploring options for maintaining essential services in the event of a strike, such as bringing in temporary workers or invoking emergency powers.

As the nation preplies for the momentous decision that lies ahead, one thing is certain: the public sector unions are not backing down. They have made their demands clear, and they are prepared to fight for what they believe is their rightful due. The government, for its part, is equally resolved, ready to defend its position at all costs. The stage is set for a showdown that will determine the fate of public sector workers, the labor movement, and the very future of our society.

The question remains: will the government’s austerity agenda prevail, or will the demands of the workers ultimately carry the day? The answer will shape the course of history, and the world will be watching as this epic battle unfolds. The stakes could not be higher, and the nation holds its breath in anticipation of the momentous decision that lies ahead.

The public sector unions know that their fight is not just about themselves. It is about the millions of people they serve, the patients they care for, the students they teach, and the infrastructure they maintain. It is about the dignity and respect of every public servant, and the fundamental right of workers to a fair day’s wage for a fair day’s work.

The government, for its part, is well aware of the potential consequences of a major strike. It knows that a disruption of public services would erode confidence in its ability to govern, and that a prolonged battle with the unions would be a political and economic nightmare. It is therefore unlikely to back down without a fight.

The stage is set for a confrontation that will test the mettle of both sides. The unions will push for everything they can get, knowing that their bargaining power is at its peak. The government, meanwhile, will dig in its heels, determined to defend its position at all costs. The outcome of this battle will determine the future of public services, the labor movement, and perhaps even the direction of the country itself.


Continue Reading