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Churches lobby Gov’t to appeal LEGABIBO ruling

Churches under the auspices of Evangelist Fellowship of Botswana (EFB) are lobbying the government to appeal a High Court judgment which recently ordered that Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) be allowed to legally register their association.

Initially the association was denied registration by the Registry of Societies under the Ministry of Labour and Home Affairs (MLHA) on grounds that homosexuality is illegal in Botswana. The ministry refused to register the association on the basis that the Botswana Constitution does not recognise homosexuals and that the objectives of the intended organization are contrary to Section 7 (2) of the Societies Act.

Following the judgment, EFB took a position to pressurise the government to appeal the ruling in which the High Court Judge Justice Rannowane’s ruled that LEGABIBO be allowed to register. EFB’s stand is that: “the judgment is injurious to Godly norms, values, priceless principles, and indeed a relegation of the Christian norms and Tswana customs to the peripheries.”

The applicants in the LEGABIBO case, Thuto Rammoge and 19 others took the matter to court seeking a declaration that the decision of the Ministry to refuse the registration of LEGABIBO was in contravention of section 13 of the constitution in so far as the said decision has the effect hindering the applicants in their freedom to assemble and associate.

The president of EFB, Pastor Master Obololetswe Matlhaope told the Weekend Post in an interview this week that they are against the judgment as it is likely to cause a spin in an acceleration of moral deterioration and moral bankruptcy which will add to the already burden of lawlessness and social ills bedeviling our schools.

“We are aware that the judgment does not decriminalize homosexuality however, ordering the registration of LEGABIBO whose objects are to advocate for recognition and protection of homosexuality is a hammer to our society’s moral conscience,” the outspoken Pastor stated.

With regard to facing any defiance from LEGABIBO itself and Botswana Network on Ethics, law and HIV/AIDS (BONELA) while executing the controversial plan of lobbying government to appeal, the EFB President highlighted that in discharging their objectives they are guided by unshakeable values of being assertive and candor to God mandated course.

“One of our objectives as EFB is to sensitize the nation on trends of emerging spiritual challenges, likely to undermine scriptural foundations of the gospel and to be a prophetic voice of the nation,” he stressed.

When Matlhaope was quizzed if the churches, by advocating against LEGABIBO’s objective of campaigning for equal rights and decriminalisation of same sex relations, actually disregard essential human rights like the right to choice of sexual orientation, he indicated that, “in a republic, a person is not born in a lawless jungle but under a parentage of a State governing by laws. The laws governing a state are representative of the people’s conscience-their rights and wrongs.”

The Pastor said Botswana’s penal code deals with issues of conscience, and any future amendment of the same should be cognisant of the people’s conscientiousness. Human rights, he said, should have limitations and should not override the society’s conscience.

“Our country’s constitution provides for such rights but also prescribes their limitations. There should never be limitless freedom of association and expression, any such, is not acceptable in our view because it would be portraying a society without moral conscience.”

According to Matlhaope, same sex relations are abhorrent to creation and nature. Spiritually and naturally there is a complementary difference between men and women, he said adding that this means that men are spiritually and physically created to fulfill the role of males as husbands, fathers, and brothers and females are created to fulfill their roles as wives, mothers, and sister., (Gen 1:26-27,; 2:21-25, Eph 5:22-32, Col 3:18-24).

“This difference of complementarities is divine and timeless. Both the male and the female are endowed with distinct complementary features, and both posses equal dignity before the Almighty,” he stated.

In relation to protection of minority rights in a society and whether there is anything wrong with one being gay or lesbian, he said that firstly the argument that some people are born with homosexual tendencies and hence should be given space does not hold.

He added: some people seem to be born with tendency towards violence but this does not justify violent act. Some are said to be born with tendency towards alcohol abuse but this does not justify drunkenness, he continued. Biblically and naturally, the EFB leader said homosexuality is unnatural and comes about when we abandon our natural inclinations.

“Minority rights must be defined and contextualized. Minority as far as race, religion, language or political persuasions are concerned should be protected. But minority of social aberrances such as bestiality, pedophile, cleptomaniac, homosexuality etc is abhorrent and should be shunned,” he advised.  

He also cried foul that humans have propensity to do wrong and such an inherent propensity is not necessarily wrong but the actualisation of the wrong is not right.

In case their plea to persuade government to appeal the judgment does not pass, EFB believes that “with or without appeal, the Scripture will not change and the Church’s stand is based on Scripture and will not change. At the end, there is an eternal judge, who will judge all. God’s moral character does not change. God’s ethical imperatives are in accord with his unchangeable moral character.”

The EFB president further asserted that: “God loves the sinner but hates sin. He loves a murderer but hates murder, in the same way God loves a homosexual and has died for them on the cross, but He hates homosexuality. He describes it in His word as unnatural, impure, indecent, perverse, and an abomination.”  

EFB is the Umbrella body of Evangelical, Pentecostal and Para Church organizations in the country. It boasts of a membership with denominations and organizations which have member branches across the country. Currently such a membership stands at seventy nine (79) and the voice of EFB is a collective voice of this membership.

LEGABIBO was founded in 1998 to advocate for the rights of lesbians, gays, bisexuals, transgender and intersex (LGBTI) people. LEGABIBO’s main objective is to raise awareness, educate on health and psycho-social support and mediates between the LGBTI community and others.

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Civil Service volatility: Democracy vs Bureaucracy

19th April 2021
President Masisi

Here is how one Permanent Secretary encapsulates the clear tension between democracy and bureaucracy in Botswana: “President Mokgweetsi Masisi’s Government is behaving like a state surrounded with armed forces in order to capture it or force its surrender. The situation has turned so volatile, for tomorrow is not guaranteed for us top civil servants.

These are the painful results of a personalized civil service in our view as permanent secretaries”. Although his deduction of the situation may be summed as sour grapes because he is one of the ‘victims’ of the reshuffle, he is convinced this is a perfect description of the rationale behind frequent changes and transfers characterising the current civil service.

The result of it all, he said, is that “there is too much instability at managerial and strategic levels of the civil service leading to a noticeable directionless civil service.” He continued: “Changes and transfers are inevitable in the civil service, but to a permissible scale and frequency. Think of soccer team coach who changes and transfers his entire squad every month; you know the consequences?”

The Tsunami has hit hard at critical departments and Ministries leaving a strong wave of uncertainty, many demoralised and some jobless. In traditional approaches to public administration, democracy gives the goals; and bureaucracy delivers the technical efficiency required for implementation. But the recent moves in the civil service are indicative of conflicting imperatives – the notion of separation between politicians and administrators is becoming blurred by the day.

“Look at what happened to Prisons and BDF where second in command were overlooked for outsiders, and these are the people who had sacrificially served for donkey’s years hoping for a seat at the ladder’s end. The frequency of the changes, at times affecting the same Ministry or individual also demonstrates some level of ineptitude, clumsiness and lack of foresight from those in charge,” remarked the PS who added that their view is that the transfers are not related to anything but “settling scores, creating corruption opportunities and pushing out perceived dissident and former president, Ian Khama’s alleged loyalists and most of these transfers are said to be products of intelligence detection.”

Partly blaming Khama for the mess and his unwillingness to let go, the PS dismissed Masisi for falling to the trap and failing to outgrow the destructive tiff. “Khama is here to stay and the sooner Masisi comes to terms with the fact that he (Masisi) is the state President, the better. For a President to still be making these changes and transfers signals signs of a confused man who has not yet started rolling his roadmap, if at all it was ever there. I am saying this because any roadmap comes with key players and policies,” he concluded.

The Ministry of Health and Wellness seems to be the most hard-hit by the transfers, having experienced three Permanent Secretaries changes within a year and a half. Insiders say the changes have everything to do with the Ministry being the centre of COVID-19 tenders and economic opportunities. “The buck stops with the PS and no right-thinking PS can just allow glaring corruption under his watch as an accounting officer. Technocrats are generally law abiding, the pressure comes with politically appointed leaders racing against political terms to loot,” revealed a director in the Ministry preferring anonymity.

The latest transfer of Kabelo Ebineng she says was also motivated by his firm attitude against the President’s blue-eyed Task Team boys. “The Task Team wants to own the COVID-19 pandemic and government interventions and always cry foul when the Ministry reasserts itself as mandated by law,” said the director who added that Masisi who was always caught between the crossfire decided on sacrificing Ebineng to the joy of his team as they (Task Team) were in the habit of threatening to resign citing Ebineng as the problem.

Ebineng joins the Office of the President as a deputy Coordinator (government implementation and coordination office).The incoming PS is the soft-spoken Grace Muzila, known and described by her close associates as a conformist albeit knowledgeable.

One of the losers in the grand scheme is Thato Raphaka who many had seen as the next PSP because of his experience and calm demeanour following a declaration of interest in the Southern African Development Community (SADC) Secretary post by the current PSP, Elias Magosi.

But hardly ten months into his post, Raphaka has been transferred out to the National Strategy Office in what many see as a demotion of some sort. Other notable changes coming into OP are Pearl Ramokoka formerly with the Employment, Labour and Productivity Ministry coming in as a Permanent Secretary and Kgomotso Abi as director of Public Service Reforms.

One of the ousted senior officers in the Office of the President warned that there are no signs that the changes and transfers will stop anytime soon: “If you are observant you would have long noticed that the changes don’t only affect senior officers but government decisions as well. A decision is made today and the government backtracks on it within a week. Not only that, the President says this today, and his deputy denies it the following day in Parliament,” he warned.

Some observers have blamed the turmoil in the civil service partly to lack of accountable presidential advisers or kitchen cabinet properly schooled on matters of statecraft. They point out that politicians or those peripheral to them should refrain from hampering the technical and organizational activities of public managers – or else the party (reshuffling) won’t stop.

In the view expressed by some Permanent Secretaries, Elias Magosi, has not really been himself since joining the civil service; and has cut a picture of indifference in most critical engagements; the most notable been a permanent secretaries platform which he chairs. As things stand there is need to reconcile the imperatives of democracy and democracy in Botswana. Peace will rein only when public value should stand astride the fault that runs between politicians and public managers.

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Morupisi fights for freedom in court

19th April 2021

Former Permanent Secretary to the President, Carter Morupisi, is fighting for survival in a matter in which the State has charged him and his wife, Pinnie Morupisi, with corruption and money laundering.

Morupisi has joined a list of prominent figures that served in the previous administration and who have been accused of corruption during their tenure in office. While others have been emerging victorious, Morupisi is yet to find that luck. The High Court recently dismissed his no case to answer application.

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Pressure mounts on Biden to suspend Covid-19 vaccine patents

19th April 2021
Joe Biden

United States President, Joe Biden, is faced with a decision to make relating to the Covid-19 vaccine intellectual property after 175 former world leaders and Nobel laurates joined the campaign urging the US to take “urgent action” to suspend intellectual property rights for Covid-19 vaccines to help boost global inoculation rates.

According to the world leaders, doing so would allow developing countries to make their own copies of the vaccines that have been developed by pharmaceutical companies without fear of being sued for intellectual property infringements.

“A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly,” the signatories, comprising more than 100 Nobel prize-winners and over 70 former world leaders, wrote in a letter to US President Joe Biden, according to Financial Times.

A measure to allow countries to temporarily override patent rights for Covid related medical products was proposed at the World Trade Organization by India and South Africa in October, and has since been backed by nearly 60 countries.

Former leaders who signed the letter included Gordon Brown, former UK Prime Minister; François Hollande, former French President; Mikhail Gorbachev, former President of the USSR; and Yves Leterme, former Belgian Prime Minister.

In their official communication, South Africa and India said: “As new diagnostics, therapeutics and vaccines for Covid-19 are developed, there are significant concerns [about] how these will be made available promptly, in sufficient quantities and at affordable prices to meet global demand.”

While developed countries have been able to secure enough vaccine to inoculate their citizens, developing countries such as Botswana are struggling to source enough to swiftly vaccine their citizens, something which world leaders believe it would work against global recovery therefore proving counter-productive.

Since the availability of vaccines, Botswana has been able to secure only 60 000 doses of vaccines, 30 000 as donation as from the Indian government, while the other 30 000 was sourced through COVAX facility.  Canada, has pre-ordered vaccines in surplus and it will be able to vaccinate each of its citizens six times over. In the UK and US, it is four vaccines per person; and two each in the EU and Australia.

For vaccines produced in Europe, developing countries are forced to pay double what European countries are paying, making it more expensive for already financially struggling economies.  European countries however justify the price of vaccines and that they deserve to buy them cheap since they contributed in their development.

It is evident that vaccines cannot be made available immediately to all countries worldwide with wealthy economies being the only success story in that regard, something that has been referred to as a “catastrophic moral failure”, head of the World Health Organisation (WHO), Tedros Adhanom Ghebreyesus.

The challenge facing developing countries is not only the price, but also the capacity of vaccine manufactures to be able to do so to meet global demand within a short time. The proposal for a patent waiver by India and South Africa has been rejected by developed countries, known for hosting the world leading pharmaceutical companies such US, European Union, the United Kingdom, and Switzerland.

According to the Financial Times, US business groups including pharmaceutical industry representatives, have urged Biden to resist supporting a waiver to IP rules at the WTO, arguing that the proposal led by India and South Africa was too “vague” and “broad”.

The individuals who signed the letter, including Nobel laureates in economics as well as from across the arts and sciences, warned that inequitable vaccine access would impact the global economy and prevent it from recovering.

“The world saw unprecedented development of safe and effective vaccines, in major part thanks to US public investment,” the group wrote. “We all welcome that vaccination rollout in the US and many wealthier countries is bringing hope to their citizens.”

“Yet for the majority of the world that same hope is yet to be seen. New waves of suffering are now rising across the globe. Our global economy cannot rebuild if it remains vulnerable to this virus.”
The group warned that fully enforcing IP was “self-defeating for the US” as it hindered global vaccination efforts. “Given artificial global supply shortages, the US economy already risks losing $1.3tn in gross domestic product this year.”

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