Attorney General loses with costs
The High Court has declared that the Constitution does not require show of hands when electing Speaker, and Deputy Speaker and endorsement of Vice President. The judges found that the National Assembly has been delegated powers to regulate its own procedures by the Constitution. Secret ballot is hallmark of democracy because it gives effect to freedom of expression. Judge Leburu dismissed the application with costs.
The High Court in Gaborone was filled to capacity on Thursday when the matter was heard before three judges. Multitudes came to listen to the legal proceedings of this constitutional matter, in which the Attorney General had instituted the legal proceedings to determine the constitutionality of the National Assembly standing orders relating to the election of the Speaker, Deputy Speaker and Endorsement of the Vice President.
The Attorney General (AG) had taken three political parties, the Botswana Democratic Party (BDP), Umbrella for Democratic Change (UDC) and the Botswana Congress Party (BCP) to court to set aside standing orders regulating the election of the Speaker of the National Assembly, the Deputy Speaker and endorsement of the Vice President. Each party decided to rope in its own legal representatives.
Parks Tafa appeared for ruling BDP, Dick Bayford and Mboki Chilisa represented the UDC while Leburu and Martin Dingake appeared for the BCP. Tafa of Collins and Newman who represented the BDP argued that the standing orders were unconstitutional. Despite his client being cited as a respondent, Tafa supported the Attorney General’s application. He argued that standing orders allowing for a secret ballot should be set aside. The AG advocated for the election of the Speaker and Deputy Speaker to be done by show of hand.
Dick Bayford for the UDC and attorney Leburu for the BCP argued that the application by the AG should be dismissed because voting by secret ballot promotes democracy and freedom of expression. They argued that the secret ballot safeguards against intimidation and victimisation.
WHAT THEY SAID
The leader of the UDC, Duma Boko said the decision of the High Court was victory for democracy. He called on the Attorney General to resign from her position because going forward she could not be trusted.
The President of the BCP, Dumelang Saleshando was equally pleased with the judgement. He said it was a great day for democracy because the judiciary was at fore to resolve differences between the Parliament and the Executive. He thanked lawyers who represented the opposition parties in court for the efforts to preserve the country’s democracy. “It is not the Attorney General who has lost ,it is Khama, the attorney General is just a tool,” he charged.
For her part, Margaret Nasha said for the past 16 days she has been a prisoner of conscience. She indicated that she could not believe that the strange developments happening before her eyes where happening in her country of birth.
“I wish to make it known that I refused to withdraw or set aside the standing orders as demanded by the Attorney General before the matter was brought before the courts,” she said.
Nasha said she informed the Attorney General that she did not have any powers of attorney to undo or change resolutions of Parliament. She said no Speaker has those powers even in the most rogue of states.
No Speaker has power to change resolution of parliament without its consent, Nasha observed. The former legislator has been at the head to ensure that she liberates Botswana Parliament following numerous studies that had established that the Botswana Parliament was not independent.
PARLIAMENT TO CONVENE
Following the conclusion of this case Parliament will convene to elect the Speaker and deputy Speaker of the National Assembly and also endorse the Vice President. It remains to be seen if Members of Parliament will appreciate Nasha’s efforts to preserve the independence of Parliament by retaining her Speaker.
It is evident that BDP Members of Parliament will be bound by caucus decisions unless they go against the norm of the party and vote according to their conscience. Nasha will slug it out against Gladys Kokorwe who is the preferred candidate in the BDP hierarchy. Meanwhile the opposition has made it clear it will root for Nasha with Abram Kesupile as her deputy.
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 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.
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Interpol fugitive escapes from Botswana
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.