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Architects Shun their New Law

GOITSEMODIMO MANOWE

I have many questions that demand answers!

Who are these self-proclaimed “architects” in Botswana, the WeekendPost keeps on writing about who are in growing acrimony with the Architects’ Registration Council (ARC)? Why is their identity concealed, what are their academic credentials? Are they registered professionals and how many of them? Does the writer have proof that they are registered and are entitled to be called architects? Does she or he have vested interest?

When did these “architects” wake up to the reality that regulation is here and start organising to critique a piece of legislation that is nearly 10 years old? Surely it cannot be the more than 190 architectural professionals (list increasing) who currently appear on the register produced by the ARC and have found it fitting for their credentials to be accredited by the body established by an Act of Parliament. Yet the WeekendPost makes it seem like this is so- architects shunning their own law! Really?

 From the content of this article, the writer of the WeekendPost is incapable of comprehending the all-important difference between individuals masquerading as architects and those legitimately entitled by law to call themselves, practice and hold themselves as such.  Would the writer, for an example, call anybody challenging the relevant Act and not registered by the Health Professions Council in Botswana, a doctor? Why is the Weekend Post according those few individuals the credibility and legitimacy they don’t deserve? What happened to the questionnaire produced by the Weekend Post, on the same issues, that the ARC happily answered long ago and when will it be published for the benefit of the public?

The writer goes on: “It has come to the attention of this publication that excessive powers have been vested in the Architects’ Registration Council”. Precisely what powers does this Act give to the ARC that are excessive and different from those given to other similar regulatory bodies like the Engineers’ Registration Board (ERB), the Quantity Surveyors’ Registration Council (QSRC) or Botswana Institute of Chartered Accountant (BICA) for example?  Prior to regulation, engineering technicians were masquerading and practicing as professional engineers, nurses as doctors, accounting technicians as accountants, etc.

They no longer do and there are regulatory bodies to protect the integrity of those professions, in the national interest. Why should architecture be any different? If this is a mistake, then God forbid, the country must revisit all its laws regulating such professions. Why are we not hearing of a ridiculous argument, in the papers, that a nurse is to be permitted to act as a doctor simply because she or he has donkey years of experience and there is no record of a person who has died under their care when there was a shortage of doctors in the country and there was no Health Professionals Act? Should engineering technicians (not registered for that matter) be clamoring to be treated equally to professional engineers?
 

Would that be in the national interest? It would be interesting to know which stadium or hospital project in Botswana has been successfully implemented under the professional oversight, supervision and contract administration of a technician let alone a draftsperson? The ARC would be very interested in concrete examples.

Price fixing: Just how can price fixing (assuming he or she means lack of competition) exists where there is room for fee bidding. Fact: The framework that regulates the delivery of architectural service is available, to ensure value-for-money and to eliminate undercutting at fees that cannot sustain proper professional service, allows for competitive fee offers. Like with the Public Procurement and Disposal Act, such competitive fee offers must still be evaluated to determine if they are rational, because there comes a point where a competitive fee offer cannot result in value-for-money and may directly result in short-cuts in the delivery of professional services to the detriment of the client. The self-proclaimed architects obviously do not have a clue about the said framework and how the ethics of the profession work.

What the proponents of this misinformation about “price fixing” really want is a situation where a self-proclaimed technologist could continue to undercut an architect and claim, to an unsuspecting and innocent client, the ability to offer the same quality of service at a cheaper price. That is not value-for-money and that is not in the public interest! In that connection, public interest is not always and simply that of a client or owner of a building. It is also the interest of end-users and national interest regarding occupational health, safety, environmental issues, etc-things that the lowest fee does not always or necessarily guarantee, especially in a commercial environment.

The article on monopoly: Are there not enough draftspersons, technologists or architects in this country to compete amongst themselves such that this would create monopoly of architectural services by any group or category? What is wrong with competition exclusively between individuals of the same qualifications, professional standing and competency levels as in medicine, law, engineering and accounting, for example?

Is this not the foundation for our own Public Procurement and Asset Disposal Act? What precisely is wrong with the provision, in the Act, to standardize the tariff of fees that is cost-based, like in Kenya, Zambia, Tanzania, and many other countries in order to maximize competition on merit (maximize value for money) and where there is an option to that tariff table and for clients to invite competitive fee offers based on hourly rates, as the tariff provides? Does this law prevent competition between draftspersons or technologists at the exclusion of architects where building size and complexity is within the expected and established competency levels of such professionals?

The answer to this question, and for the knowledge of the general public, is a big NO! Is a draftsperson as competent as a technologist or architect? Is this the logic? Here readers can judge for themselves! How has the internationally adopted principle of alignment of the duty of care and skill to levels of training and qualifications, in any profession, ever impacted negatively on the economy of any country and society, and which country serves as an example? Is this not the principle that underpins the national qualifications framework, here in Botswana and elsewhere?

The article on fees for direct appointment; Fact: In terms of the current tariff, a building costing P180,000 or less would attract a fee, for the entire service from inception to end of construction on site (i.e. 7 work-stages in total), of P13, 302-75 to be precise. The portion of this fee, up and including submission to Town or City Council would be P5,321-10, and the client is under no obligation to appoint anyone for the entire service and need not do so. But then why would any client take this route, at all, if one can pay only P2,629-00 to a draftsperson for 8-hour work, up to and including technical documentation (all stages prior to construction documentation; stages 1 & 4) based on hourly rates, as the tariff provides, and seeing that an architect or technologist is not necessary, for that small building, and partial services may be selected? Is this not comparable to what people have been paying all along, by selecting the services and professionals they really need and can afford and omitting the rest? Let us be serious: how, then, has this tariff (both project cost and time based) negatively affected affordable housing, driven up costs, impoverished the ordinary Motswana or denied the public access to architectural services?

Who is misleading who, and is this not deliberate misinformation for personal gain and hidden agenda- the true agenda and open secret being that self-proclaimed technologists who have, by default, been practicing as architects should automatically be declared as such and draftspersons somehow also get dragged into the argument to help the cause? The Act permits anybody with the requisite knowledge and skill to apply for any category of registration. If such people possess the qualifications to register and practice as architects, why have they not come forward to apply for registration in that category?

Titles of degrees or diplomas are not important- the self-proclaimed professionals know that but would rather mislead the public to believe that they are competent and do not have to be subjected to the rigour of regulation. The public must believe that a draftsperson or someone just a notch above does not need oversight on large and complex projects. The public is also made to believe that a person trained over a period of 3 years of study (entry level for technologist) and sometimes through a City and Guilds diploma program deserves equal recognition to a degree holder from UB who has gone through 5 years of full time study; – soon to become 6 years. That is simply preposterous and a threat to the integrity of the profession.

Representation in the ARC: It is claimed that there in not enough public representation and the Architects Association of Botswana (AAB) is conflicted. Fact: The Act provides, to some degree, and not for wholesale self-regulation. Any institute that represents the majority of architectural professionals (architectural draftspersons and architectural technologists included), i.e. those registered by the ARC and recognized as professionals, elects 4 members to the Council. All that a rival institute has to do is prove that their membership outnumbers that of the one currently represented. The Minister (a public representative) appoints 2 members, one of whom does not have to be an architectural professional.

The Human Resource Development Council (a public body) appoints 1 member. The Department of Building and Engineering Services (yet another public organization) has representation in the form of an ex-officio member. How much more can this become public and democratic? The WeekendPost story will be more interesting and beneficial to the nation if the host of questions above are answered and facts stated cleanly disputed.

Goitsemodimo S. Manowe is a registered and seasoned practicing architect. he is the founding Chairperson of the Architects’ Registration Council.  He writes in his personal capacity.  

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Technology saves Lions from angry Okavango villagers

22nd November 2022

Villagers in the eastern Okavango region are now using an alert system which warns them when collared lions approach livestock areas. The new technology is now regarded as a panacea to the human/wildlife conflict in the area as it has reduced mass poisoning and killing of lions by farmers.

The technology is being implemented by an NGO, Community Living Among Wildlife Sustainably (CLAWS) within the five villages of Seronga, Gunutsoga, Eretsha, Beetsha and Gudigwa in the eastern part of the Okavango delta.

A Carnivore Ecologist from CLAWS, Dr Andrew Stein explained that around 2013, villagers in the eastern Okavango were having significant problems with losses of their cattle to predators specifically lions, so the villagers resorted to using poison and shooting the lions in order to reduce their numbers.

He highlighted that as a form of progressive intervention, they designed a programme to reduce the conflicts and promote coexistence. Another component of the programme is communal herding, introduced in 2018 to reduce the conflict by increasing efficiency whereby certified herders monitor livestock health and protect them from predators, allowing community members to engage in other livelihood activities knowing that their livestock are safe.

They are now two herds with 600 and 230 cattle respectively with plan to expand the programme to other neighbouring villages. Currently the programme is being piloted in Eretsha, one of the areas with most conflict incidences per year.

Dr Stein explained that they have developed the first of its kind alert system whereby when the lions get within three or five kilometers of a cattllepost or a homestead upon the five villages, then it will release an alert system going directly to the cellphones of individuals living within the affected area or community.

So, if a colored lion gets to about five kilometers of Eretsha village or any villagers in the Eretsha that has signed up for, the system will receive an SMS of the name of the lion and its distance to or from the village, he stated. He added that this enables villagers to take preventative action to reduce conflicts before its starts.

Dr Stein noted that some respond by gathering their cattle and put them in a kraal or put them in an enclosure making sure that the enclosure is secure while some people will gather firewood and light small fires around edges of the kraal to prevent lions from coming closer and some when they receive the SMS they send their livestock to the neighbours alerting them about the presence of lions.

He noted that 125 people have signed to receive the alert system within Seronga, Eretsha, Beetsha, Gunutsoga and Gudigwa. He added that each homestead is about five people and this means more than 600 people immediately receive the messages about lions when they approach their villages. He also noted that last year they dispersed over 12 000 alerts, adding that this year is a bit higher as about 20 000 alerts have been sent so far across these villages.

Stein further noted that they have been significant changes in the behavior of the villagers as they are now tolerant to lions. 85 percent were happy with the SMS and people are becoming more tolerant with living with lions because they have more information to reduce the conflicts, he stressed.

Stein noted that since the start of the programme in 2014 they have seen lion populations rebounds almost completely to a level before and they have not recorded cases of lion poisoning in the last three years which is commendable effort.

Monnaleso Sanga from Eretsha village applauded the programme by CLAWS noting that farmers in the area are benefiting through the alert system and take preventative measures to reduce human/lion conflict which has been persistent in the area. He added that numbers of cattle killed by lions have reduced immensely. He also admitted that they are now tolerant to lions and they no longer kill nor poison them.

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THE IDEAL QUALITY OF A MUSLIM

8th September 2022

A Muslim is supposed to be and should be a living example of the teachings of the Quran and the Sunnah (the teachings and living examples of Prophet Muhammed (SAW Peace be upon Him). We should follow these in all affairs, relations, and situations starting with our relationship with our Lord, our own self, our family and the people around us. One of the distinguishing features of the (ideal) Muslim is his faith in Allah, and his conviction that whatever happens in the universe and whatever befalls him, only happens through the will and the decree of the Almighty Allah.

A Muslim should know and feel that he is in constant need of the help and support of Allah, no matter how much he may think he can do for himself. He has no choice in his life but to submit to the will of his Creator, worship Him, strive towards the Right Path and do good deeds. This will guide him to be righteous and upright in all his deeds, both in public and in private.

His attitude towards his body, mind and soul

The Muslim pays attention to his bodys physical, intellectual and spiritual needs. He takes good care of his body, promoting its good health and strength. He shouldnt eat in excess; but he should eat enough to maintain his health and energy. Allah, The Exalted, Says Eat and drink; but waste not by excess, for Allah loves not the wasters. [Quran 7: 31]

The Muslim should keep away from alcohol and drugs. He should also try to exercise regularly to maintain his physical fitness. The Muslim also keeps his body and clothes clean, he bathes frequently. The Prophet placed a great emphasis on cleanliness and bathing. A Muslim is also concerned with his clothing and appearance but in accordance with the Islamic ideal of moderation, avoiding the extremes.

As for his intellectual care, the Muslim should take care of his mind by pursuing beneficial knowledge. It is his responsibility to seek knowledge whether it is religious or secular, so he may understand the nature and the essence of things. Allah Says: and say: My Lord! Increase me in knowledge. [Quran 20: 114

The Muslim should not forget that man is not only composed of a body and a mind, but that he also possesses a soul and a spirit. Therefore, the Muslim pays as much attention to his spiritual development as to his physical and intellectual development, in a balanced manner which ideally does not concentrate on one aspect to the detriment of others.

His attitude towards people

The Muslim must treat his parents with kindness and respect, compassion, politeness and deep gratitude. He recognizes their status and knows his duties towards them. Allah Says And serve Allah. Ascribe nothing as partner unto Him. (Show) kindness unto parents [Quran 4: 36]

With his wife, the Muslim should exemplify good and kind treatment, intelligent handling, deep understanding of the nature and psychology of women, and proper fulfilment of his responsibilities and duties.

With his children, the Muslim is a parent who should understand his responsibility towards their good upbringing, showing them love and compassion, influence their Islamic development and giving them proper education, so that they become active and constructive elements in society, and a source of goodness for their parents, community, and society as a whole.

With his relatives, the Muslim maintains the ties of kinship and knows his duties towards them. He understands the high status given to relatives in Islam, which makes him keep in touch with them, no matter what the circumstances.

 

With his neighbours, the Muslim illustrates good treatment, kindness and consideration of others feelings and sensitivities. He turns a blind eye to his neighbours faults while taking care not to commit any such errors himself. The Muslim relationship with his wider circle of friends is based on love for the sake of Allah. He is loyal and does not betray them; he is sincere and does not cheat them; he is gentle, tolerant and forgiving; he is generous and he supplicates for them.

In his social relationships with all people, the Muslim should be well-mannered, modest and not arrogant. He should not envy others, fulfils his promises and is cheerful. He is patient and avoids slandering and uttering obscenities. He should not unjustly accuse others nor should he interfere in that which does not concern him. He refrains from gossiping, spreading slander and stirring up trouble – avoids false speech and suspicion. When he is entrusted with a secret, he keeps it. He respects his elders. He mixes with the best of people. He strives to reconcile between the Muslims. He visits the sick and attends funerals. He returns favours and is grateful for them. He calls others to Islam with wisdom, example and beautiful preaching. He should guide people to do good and always make things easy and not difficult.

The Muslim should be fair in his judgments, not a hypocrite, a sycophant or a show-off. He should not boast about his deeds and achievements. He should be straightforward and never devious or twisted, no matter the circumstances. He should be generous and not remind others of his gifts or favours. Wherever possible he relieves the burden of the debtor. He should be proud and not think of begging.

These are the standards by which the (ideal) Muslim is expected to structure his life on. Now how do I measure up and fit into all this? Can I honestly say that I really try to live by these ideals and principles; if not can I really call myself a true Muslim?

For the ease of writing this article I have made use of for want of a better word, the generic term he, his, him and the male gender, but it goes without saying that these standards apply equally to every female and male Muslim.

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OUR BELOVED CHILDREN

29th August 2022

Homicide and suicide kill almost 7000 children every year; one in four of all children are born to unmarried mothers, many of whom are children themselves..childrens potential lost to spirit crushing poverty.childrens hearts lost in divorce and custody battles.childrens lives lost to abuse and violence, our society lost to itself, as we fail our children. If you bungle raising your children, I dont think whatever else you do matters very much. (Quotation taken from a book written by Hillary Clinton).

These words may well apply to us here in Botswana; We are also experiencing a series of challenges in many spheres of development and endeavour but none as challenging as the long term effects of what is going to happen to our youth of today. One of the greatest challenges facing us as parents today is how to guide our youth to become the responsible adults that we wish them to be, tomorrow.

In Islam Prophet Muhammad (PBUH) has enjoined upon the parents to take care of the moral and religious instruction of their children from the very beginning, otherwise they will be called to account for negligence on the Day of Judgement. Parents must inculcate God-consciousness in their children from an early age, whereby the children will gain an understanding of duty to The Creator.

 

The Holy Quran says: O you who believe! Save yourself and your families from the Fire of Hell. (Ch. 66: V6). This verse places the responsibility on the shoulders of the parents to ensure that training and guidance begin at home. The goal is to mould the child into a solid Islamic personality, with good morals, strong Islamic principles, knowledge and behavior so as to be equipped to face the demands of life in a responsible and mature manner. This should begin with the proper environment at home that inculcates the best moral and behavioral standards.

But what do we have instead? Believers of all Religious persuasions will agree that we have children growing up without parental guidance, a stable home environment, without role models, being brought up in surroundings that are not conducive to proper upbringing and moulding of well-adjusted children. These children are being brought up devoid of any parental guidance and increasingly the desperate situation of orphaned children having to raise their siblings (children raising children) because their parents have succumbed to the scourge of AIDS.

It is becoming common that more and more girls still in their schooling years are now falling pregnant, most of them unwanted, with the attendant responsibilities and difficulties.

Observe the many young ladies who are with children barely in their teens having illegitimate children. In the recent past there was a campaign focused on the girl-child; this campaign targeted this group of young females who had fallen pregnant and were now mothers. The situation is that the mother still being just a child and not even having tasted adulthood, now has the onerous responsibility of raising her own child most of the time on her own because either the father has simply disappeared, refuses to takes responsibility, or in some cases not even known.

We cannot place the entire blame on these young mothers; as parents and society as a whole stand accused because we have shirked our responsibilities and worse still we ourselves are poor role models. The virtual breakdown of the extended family system and of the family unit in many homes means that there are no longer those safe havens of peace and tranquility that we once knew. How then do we expect to raise well-adjusted children in this poisoned atmosphere?

Alcohol has become socially acceptable and is consumed by many of our youth and alarmingly they are now turning to drugs. Alcohol is becoming so acceptable that it is easily accessible even at home where some parents share drinks with their children or buying it for them. This is not confined only to low income families it is becoming prevalent amongst our youth across the board.

 

It is frightening to witness how our youth are being influenced by blatantly suggestive pop culture messages over television, music videos and other social media. Children who are not properly grounded in being able to make rational and informed decisions between what is right and what is wrong are easily swayed by this very powerful medium.

 

So what do we do as parents? We first have to lead by example; it is no longer the parental privilege to tell the child do as I say not as I do- that no longer works. The ball is in the court of every religious leader (not some of the charlatans who masquerade as religious leaders), true adherents and responsible parents. We cannot ignore the situation we have to take an active lead in guiding and moulding our youth for a better tomorrow.

In Islam Prophet Muhammad (pbuh) said: No father gives a better gift to his children than good manners and good character. Children should be treated not as a burden, but a blessing and trust of Allah, and brought up with care and affection and taught proper responsibilities etiquettes and behaviour.

Even the Bible says;Suffer the little children to come unto me and forbid them not, for of such is the kingdom of God.Verily I say unto you, whosoever shall not receive the kingdom of God as a little child, he shall not enter therein. (Mark 10:14-15)

The message is clear and needs to be taken by all of us: Parents let us rise to the occasion – we owe it to our children and their future.

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