The development of a radiation facility in Pilikwe village has been put on hold after residents petitioned the High Court in effort to stop the project proceeding against their wishes.
Last week the Attorney General’s Chambers failed to file answering affidavits and the matter was adjourned to May 2015.
The conflict arose after government decided to build a radiation facility in the village of Pilikwe. The community has demonstrated utmost detest for the ‘development’ and have set up a Task Force to lead the fight against government.
According to court papers filed before the High Court in Lobatse, residents are demanding that government stop the erection of the radiation facility and remove their village as the location for the project. The villagers took the legal route after the Ngwato Land Board allocated government a piece of land for the project, prompting villagers to rush to Pilikwe’s defence.
The community argues that there was no scientific process followed to come to possible hosts for the facility while government through the Ministry of Infrastructure, Science and Technology insists that consultation process was done with the community and therefore will proceed with the project.
The case is expected to drag on for a long time after a scheduled court proceeding on Wednesday 5 November could not proceed as it appeared that government lawyers from the Attorney General’s Chambers filed their papers late and consequently the matter was postponed to May next year.
In an interview with Weekend Post, the chairperson of the Pilikwe Task force on behalf of the community, Dr. Sebusang Sebusang stated that the three villages chosen as possible hosts of the facility – Kalamare, Topisi and Pilikwe – were or are not consistent with reasons that government has advanced for settling for Pilikwe; that it is in the central district, and therefore near the border with South Africa, as well as that it will be near BIUST.
He further added that apart from noncompliance from the part of government, with a pre-Environmental Impact Assessment (EIA) process, the EIA process itself suffers from the fact that there is no local acceptability.
Sebusang emphasised that acceptability by hosts is a critical element of a proper EIA process. Sebusang also pointed out that the community was not engaged in the EIA as interested parties, instead the Ngwato Landboard which awarded the controversial piece of land, set in the reference group to the exclusion of the community.
“The EIA was rejected by both the then director of DEA and his minister. In spite of this government still approved the process reversing injudiciously the legal process that specifically requires that whoever is aggrieved by the process go to the high court. This is unlawful. But the Ministry of Infrastructure, Science and Technology has completely ignored this.”
â€¨Weekend Post has also established the ministry advertised tender for construction in July and a number of Chinese firms invaded Pilikwe in August panicking the community – against the background of an ongoing court case.
“Pilikwe community wanted the construction to be stopped and the case was scheduled for hearing last week Wednesday. The community had to go to court to stop the construction which was contemptuous of court. A fact they conceded in an out of court settlement. This is not only irresponsible but a waste of tax payers’ funds,” Sebusang said.
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.