Basarwa case raises tribalism issues at the High Court
Tribalism could have played a part in determining the termination of basic services for Ranyane residents in the Gantsi District, the Gaborone High Court has been told.
When explaining to the court the reasons behind shutting down water and draught relief programmes from Ranyane ahead of the forced resettlement of Basarwa tribes from the area last year, the Gantsi administration authority suggested that it was because the free services which were initially reserved for Basarwa tribes of Ranyane were no longer sustainable due to the influx of Tswana speaking farmers in the area.
The Gantsi District Council revealed to the court that the decision to terminate provision of fuel and maintenance to the engine at Ranyane was taken because of the influx of a lot of Tswana speaking farmers from other settlements. According to the Council the services were exclusively meant to service Basarwa tribes who have lived in the area over a long period of time.
The 115 residents of Ranyane who are demanding the restoration of the services have taken the Council to court. Their attorney, Onalethata Kamabai has argued that the reason for termination of the services as appears from the Council papers are offensive to the constitution of the country because they suggests that the decisions were taken along tribal discriminatory basis.
For many years, the Gantsi District Council has provided various services to the Ranyane residents including provision and maintenance for the borehole engine which the people depend on for their daily water needs. Various government drought relief schemes have also been provided to the residents for many years by the Council.
However on or around July 2013, the Council announced that it will stop providing several services which it has been providing to the residents. This announcement gave rise to the present suit wherein the residents seek restoration of those services that the Council used to provide. Such services include fuel and maintenance of the borehole engine, mobile clinic and Ipelegeng programme.
The broad issue for determination before court is whether the manner of termination of these services and other benefits which the Council used to provide to Ranyane is lawful.
“The applicants case centres on legitimate expectation, and to this end the narrow issue for determination is whether the applicants had a legitimate expectation that they will continue to enjoy the services provided by the respondents uninterrupted and that in the event of any decision adversely affecting their enjoyment of the services is taken by the respondent, they were entitled to a hearing before such a decision is taken,” contended Kambai.
THE BOREHOLE ENGINE The residents have averred in their affidavit that since around 1990s, the Council has been providing them with engine to provide water for domestic use and watering their animals. The engine was used to draw water from the only borehole at Ranyane for residents.
The issue that the Council had since 1995 provided diesel and maintenance for engine to the Ranyane borehole is not disputed. The residents averred that the Council stopped provision of diesel and maintenance for the borehole engine in the first week of December 2011. The engine according to the complainants was removed by the Council employees around that time and was brought back five Months later. The engine has since broken down and the residents had to fend for themselves.
According to them this is a nightmare for them since most of them are unemployed and do not have any source of income as the Council has also terminated the draught relief programme, Ipelegeng which was the only source of income for the majority of Ranyane residents.
The Council’s decision is viewed to be in violation of the international consensus on the right to water by the United Nations General Assembly which declared that the right to safe and clean drinking water is a fundamental human right that is essential for the full enjoyment of life and all human rights.
However the Council contends that the Ranyane residents had borrowed the engine and made an undertaking that they will take full responsibility of its maintenance and fuel supply.
TERMINATION OF IPELEGENG PROGRAMME Around 2009, Ipelegeng was introduced at Ranyane during a kgotla meeting. According to the Ministry of Local Government and Rural Development, this programme was aimed at short term employment support and relief whilst at the same time carrying out essential development projects that have been identified and prioritised through the normal development planning process.
The programme employed forty residents on a rotational basis. The Council’s report for 2012/2013 on Ipelegeng shows that there was deliberate planning and budgeting of the programme at Ranyane.
When the programme was terminated, a certain Council employee was sent to inform the Ranyane Headman of Arbitration that he should inform his people that they should not report for duty on the 4th of July 2013. In the answering affidavit filed at the High Court, the Council contend that the programme was terminated because Ranyane is an unrecognised settlement and therefore there were no projects to implement in the area.
However the residents contend that at the time of the termination of the programme they were engaged in a number of projects including, de-bushing, cluster policing and cleaning the kgotla.
In fact it is through Ipelegeng that a kgotla, flush toilet, standpipe and fencing of the grave yard were constructed in the settlement.
The Council had a difficult time convincing the court as to how public funds were used on these developments which are located on an “unrecognised settlement.”
“The respondent’s reason is palpably untrue and contradictory because by virtue of Annexure “I” the Attorney General at the time acting on behalf of the respondent (Council) reasoned that there is no Ipelegeng in Ranyane. In annexure “K” the government spokesperson Dr. Jeff Ramsay stated that there was a reassessment regarding the Ipelegeng programme. There has never been any progress report of the alleged reassessment whatsoever to date,” the complainants’ attorney, Onalethata Kambai told the court.
The inconsistent statements regarding the termination of Ipelegeng at Ranyane therefore gave people a reason to conclude that the project was terminated as an extra-judicial measure to starve the residents of Ranyane and compel them to relocate from the place.
When Ipelegeng was introduced in the settlement back in 2009, there was no issue of the place being unrecognised settlement. The programme continued uninterrupted until it was unceremoniously terminated in 2013 following the Council’s failed bid to relocate the residents against their will to the nearby Bere settlement.
MOBILE CLINIC SERVICES Following the initial case Management conference held at the Gantsi District Council Chambers of record, there was consensus that the mobile clinic matter could amicably be resolved at the hearing. Ranyane is said to be now receiving a couple of mobile clinic services and therefore this one demand was taken down from the list of demand brought in by the residents.
Meanwhile Justice Terrence Rannowane has reserved the judgment on this matter.
For so many years, Botswana has been trying to be a self-sufficient country that is able to provide its citizens with locally produced food products. Through appropriate collaborations with parastatals such as CEDA, ISPAAD and LEA, government introduced initiatives such as the Horticulture Impact Accelerator Subsidy-IAS and other funding facilities to facilitate horticultural farmers to increase production levels.
Now that COVID-19 took over and disrupted the food value chain across all economies, Botswana government introduced these initiatives to reduce the import bill by enhancing local market and relieve horticultural farmers from loses or impacts associated with the pandemic.
In more concerted efforts to curb these food crises in the country, government extended the ploughing period for the Southern part of Botswana. The extension was due to the late start of rains in the Southern part of the country.
Last week the Ministry of Agriculture extended the ploughing period for the Northern part of the country, mainly because of rains recently experienced in the country. With these decisions taken urgently, government optimizes food security and reliance on local food production.
When pigs fly, Botswana will be able to produce food to feed its people. This is evident by the numbers released by Statistics Botswana on imports recorded in November 2020, on their International Merchandise Trade Statistics for the month under review.
The numbers say Botswana continues to import most of its food from neighbouring South Africa. Not only that, Batswana relies on South Africa to have something to smoke, to drink and even use as machinery.
According to data from Statistics Botswana, the country’s total imports amounted to P6.881 Million. Diamonds contributed to the total imports at 33%, which is equivalent to P2.3 Million. This was followed by food, beverages and tobacco, machinery and electrical equipment which stood at P912 Million and P790 Million respectively.
Most of these commodities were imported from The Southern African Customs Union (SACU). The Union supplied Botswana with imports valued at over P4.8 Million of Botswana’s imports for the month under review (November 2020). The top most imported commodity group from SACU region was food, beverages and tobacco, with a contribution of P864 Million, which is likely to be around 18.1% of the total imports from the region.
Diamonds and fuel, according to these statistics, contributed 16.0%, or P766 Million and 13.5% or P645 Million respectively. Botswana also showed a strong and desperate reliance on neighbouring South Africa for important commodities. Even though the borders between the two countries in order to curb the spread of the COVID-19 virus, government took a decision to open border gates for essential services which included the transportation of commodities such as food.
Imports from South Africa recorded in November 2020 stood at P4.615 Million, which accounted for 67.1% of total imports during the month under review. Still from that country, Botswana bought food, beverages and tobacco worth P844 Million (18.3%), diamonds, machinery and fuel worth P758 Million, P601 Million and P562 Million respectively.
Botswana also imported chemicals and rubber products that made a contribution of 11.7% (P542.2 Million) to total imports from South Africa during the month under review, (November 2020).
The European Union also came to Botswana’s rescue in the previous year. Botswana received imports worth P698.3 Million from the EU, accounting for 10.1% of the total imports during the same month. The major group commodity imported from the EU was diamonds, accounting for 86.9% (P606.6 Million), of imports from the Union. Belgium was the major source of imports from the EU, at 8.9% (P609.1 Million) of total imports during the period under review.
Meanwhile, Minister of Finance and Economic Development Thapelo Matsheka says an improvement in exports and commodity prices will drive growth in Sub-Saharan Africa. Growth in the region is anticipated to recover modestly to 3.2% in 2021. Matsheka said this when delivering the Annual Budget Speech virtually in Gaborone on the 1st of February 2021.
He said implementation of the African Continental Free Trade Area Agreement (AfCFTA), which became operational in January 2021, could reduce the region’s vulnerability to global disruptions, as well as deepen trade and economic integration.
“This could also help boost competition and productivity. Successful implementation of AfCFTA will, of necessity, require Member States to eliminate both tariffs and non-tariff barriers, and generally make it easier to do business and invest across borders.”
Matsheka, who is also a Member of Parliament for Lobatse, an ailing town which houses the struggling biggest meat processing company in the country- Botswana Meat Commission, (BMC), said the Southern African Customs Union (SACU) recognizes the need to prioritize the key processes required for the implementation of the AfCFTA.
“The revised SACU Tariff Offer, which comprises 5,988 product lines with agreed Rules of Origin, representing 77% of the SACU Tariff Book, was submitted to the African Union Commission (AUC) in November 2020. The government is in the process of evaluating the tariff offers of other AfCFTA members prior to ratification, following which Botswana’s participation in AfCFTA will come to effect.”
Events that recently unfolded in the athletics world locally point only to possibility – Letsile Tebogo and Maungo Matlhaku are well groomed to receive the baton from Isaac Makwala and Lydia Jele respectively.
The two athletes sprinted to new local track records, smashing those set by their seniors.
As it is the norm in athletics, the biggest mistake these two athletes could make is to drop the baton. The two youngsters must not look back, they must steeplechase – clear all the hurdles so they may surpass the feet achieved by their seniors.
Letsile Tebogo announced his arrival in scintillating fashion recently. Barely two years after smashing Thebe’s 200m national record of 21:25 during Gaborone Games in 2019, this past weekend the young lad obliterated yet another 100m national record of 10.20 seconds. For a long time the record was held by the country’s iconic athlete Isaac Makwala.
Tebogo set a new record, completing the race in 10.14 seconds. Tebogo, who is currently under Lefika Athletics Club, came into the meet, organised by Sports View Runners Club, with a personal best of 10.49 seconds.
However, the new national record was not good enough for Tebogo to qualify for the Olympic Games as he needed to clock 10.05 seconds; which is the Olympic qualifying entry under the 100meters category. For his efforts, he received P1 000 cash and a trophy.
Under the women’s category, Leungo Matlhaku also stole the show after clocking 11.24 seconds to replace Lydia Jele’s national record of 11.39 seconds which she set in May 2019.
When speaking to local media after the race, Matlhaku assured the nation to expect the best performance at the upcoming events as she aims to qualifying for Tokyo Olympics and World Championships.
The sensational 100m sprinter said: “Even though after almost nine months without training, performance was testimony of the fact that the best was yet to come.”
Matlhaku noted that setting new national records was an indication that athletes were at their peak performance and that the upcoming national meets would be appetizing with the positive performance.
This week WeekendSport caught up with Tebogo, who expressed his gratitude to the national team athletes as the pillar behind his strength since they encouraged him to work hard. He agrees that he needs to habituate himself to hard work.
He said Saturday’s performance helped him realise his dream of qualifying for the upcoming 2020 Tokyo Olympics which was postponed last year due to the outbreak of Covid-19.
“For me to qualify for the upcoming Olympics under 100 meters category, I will have to clock 10.05 seconds which is qualification entry while under 200meter is 20.24 seconds,” he shared.
When quizzed how Covid-19 has affected his preparation he said: “It has affected us badly as preparation training for the competition was halted, but the lockdown imposed was however useful as I used the period to work out on my strength which are necessary for a sprinter.”
Tebogo started seriously taking part in athletics in 2016 when he was still at primary school. At the time he was under the guidance of former national team coach, Mogomotsi Otsetswe.
In 2016 during Botswana Primary School Sports Association (BOPSSA) competitions, he won three gold medals in 100m, 200m and 4x100m relays.
Despite not winning anything the previous year, 2018 saw him come back well prepared and went on to win two gold medals under the 200m category and 4X100m relays. He also won a silver medal after a sterling performance in the 100m race during the Botswana Integrated Sports Association (BISA) national finals.
Tebogo went on to win the gold medal after clocking an impressive time of 21:12, qualifying for under 20 World Athletics Championships which was to be held in Kenya last year but was postponed yet again due to corona virus.
Over the last 10 years, Botswana Athletics Association (BAA) has been famed for its consistency when it comes to producing the country’s top athletes, who are dominating and widening the competition gap with other sporting codes.
The code success expresses itself in elite talents the likes of Baboloki Thebe, Nigel Amos, Amantle Montsho and Karabo Sibanda to mention but a few.
These top talents made sure athletics remain at the top in this country.
Women continue to shadow men in politics – stereotypes such as ‘behind every successful man there is a woman’ cast the notion that women cannot lead. The 2019 general election recorded one of Botswana’s worst performances when it comes to women participation in parliamentary democracy with only three women elected to parliament.
Botswana’s former Minister of Health, Professor Sheila Tlou who is currently the Co-Chair, Global HIV Prevention Coalition & Nursing Now and an HIV, Gender & Human Rights Activist is not amused by the status quo. Tlou attributes this dilemma facing women to a number of factors, which she is convinced influence the voting patterns of Batswana when it comes to women politicians.
Professor Tlou plugs the party level voting systems as the first hindrance that blocks women from ascending to power. According to the former Minister of Health, there is inadequate amount of professionalism due to corrupt internal party structures affecting the voters roll and ultimately leading to voter apathy for those who end up struck off the voters rolls under dubious circumstances.
Tlou also stated that women’s campaigns are often clean; whilst men put to play the ‘politics is dirty metaphor using financial muscle to buy voters into voting for them without taking into consideration their abilities and credibility. The biggest hurdle according to Tlou is the fallacy that ‘Women cannot lead’, which is also perpetuated by other women who discourage people from voting for women.
There are numerous factors put on the table when scrutinizing a woman, she can be either too old, or too young, or her marital status can be used against her. An unmarried woman is labelled as a failure and questioned on how she intends on being a leader when she failed to have a home. The list is endless including slut shaming women who have either been through a divorce or on to their second marriages, Tlou observed.
The only way that voters can be emancipated from this mentality according to Tlou is through a robust voter education campaign tailor made to run continuously and not be left to the eve of elections as it is usually done. She further stated that the current crop of women in parliament must show case their abilities and magnify them – this will help make it clear that they too are worthy of votes.
And to women intending to run for office, Tlou encouraged them not to wait for the eleventh hour to show their interest and rather start in community mobilisation projects as early as possible so that the constituents can get to know them and their abilities prior to the election date.
Youthful Botswana National Front (BNF) leader and feminist, Resego Kgosidintsi blames women’s mentality towards one another which emanates from the fact that women have been socialised from a tender age that they cannot be leaders hence they find it difficult to vote for each other.
Kgosidintsi further states that, “Women do not have enough economic resources to stage effective campaigns. They are deemed as the natural care givers and would rather divert their funds towards raising children and building homes over buying campaign materials.”
Meanwhile, Vice President of the Alliance for Progressives (AP), Wynter Mmolotsi agrees that women’s participation in politics in Botswana remains a challenge. To address this Mmolotsi suggested that there should be constituencies reserved for women candidates only so that the outcome regardless of the party should deliver a woman Member of Parliament.
Mmolotsi further suggested that Botswana should ditch the First Past the Post system of election and opt for the proportional representation where contesting parties will dutifully list able women as their representatives in parliament.
On why women do not get elected, Mmolotsi explained that he had heard first hand from voters that they are reluctant to vote for women since they have limited access to them once they have won; unlike their male counterparts who have proven to be available night or day.
The pre-historic awarding of gender roles relegating women to be pregnant and barefoot at home and the man to be out there fending for the family has disadvantaged women in political and other professional careers.