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Was the problem with Kgosi or the ISS Act, 2007? (Part III)

Ndulamo Anthony Morima
EAGLE WATCH

In this part of our series, we deal with sections 18 to 21(7) of the Intelligence Services Act, 2007(“the Act”). Section 18 of the Act provides that a person who- (a) not being a member of staff of the Directorate, by words, conduct or demeanour falsely represents himself or herself to be such a member of staff; (b) exercises or attempts to exercise undue influence over a member of staff of the Directorate which is calculated to prevent such member of staff from carrying out his or her duties or encouraging him or her to perform any act which is in conflict with his or her duties; or (c) is an accomplice to the commission of any act whereby any lawful order given to any officer or support staff or any regulation or directive or other rule may be evaded, shall be guilty of an offence.

This section cannot be faulted for it intends to punish those who, for malevolent reasons, may want to represent themselves as members of the Directorate, exert undue influence on them or are accomplices to action that results in evasion of lawful orders, regulations, directives or other rules given to any officer or support staff the Directorate.

Section 19 provides that a person who discloses the identity of another person which he or she has obtained or to which he or she has had access by virtue of- (a) the performance of his or her duties or functions under this Act; or (b) his or her position as a person who holds or has held any office in the Directorate, and from which the identity of any person who- (i) is or was a confidential source of information to the Directorate, or (ii) is or was an officer or support staff engaged in covert operational activities of the Directorate, can be inferred, and who discloses such information to any person other than a person to whom he or she is authorised to disclose it or to whom it may lawfully be disclosed, shall be guilty of an offence. 

This section, too, cannot be faulted. As stated in part I and II of this series, protection of sources and methods is integral for the efficacy of such security and intelligence agencies as the DISS. Without such protection informants’ lives may be at risk. Also, people would not be willing to assist the DISS with the intelligence which is its life blood. 

Section 20(1) provides that without prejudice to any other written law, an officer or support staff shall not disclose or use any information gained by him or her by virtue of his or her employment otherwise than in the strict course of his or her official duties or with the authority of the DG. This section, too, cannot be faulted. It protects members of the public from disclosure of information gathered by DISS staff about them. It also protects them against use of such information by DISS staff outside the line of duty.

Section 20 (2) provides that no officer or support staff shall be required to produce, before any public body other than a Parliamentary Committee(PC) established under the Standing Orders of the National Assembly, any document or other evidence where- (a) it is certified by the DG- (i) that the document or other evidence belongs to a class of documents or evidence, the production of which is injurious to public interest, or (ii) that disclosure of the evidence or of the contents of the document will be injurious to public interest; or (b) the Central Intelligence Committee (CIC) certifies- (i) that the document or other evidence belongs to a class the production of which is prejudicial to national security, or (ii) that disclosure of the evidence or of the contents of the document will be prejudicial to national security.

The question is: was the former Director General of the DISS following the prescripts of the Act when he refused to answer questions relating to the National Petroleum Fund (NPF) before the Public Accounts Committee (PAC) of Parliament citing national security? The answer is in the negative. Kgosi had no lawful excuse to refuse answering such questions because section 20 (2) of the Act enjoined him to answer the questions. If he believed the information was sensitive the answers could have been given in camera. 

Section 20 (3) provides that a person aggrieved by a decision of the DG or the CIC may apply to the High Court for determination whether the production, or the disclosure of the contents, of the document or other evidence would be injurious to the public interest or, as the case may be, prejudicial to national security. To the extent that the prohibition of disclosure does not relate to a PAC established under the Standing Orders of the National Assembly, this section, too, cannot be faulted, especially that it provides for review by the High Court of the decision of the DG and the CIC.

Section 20 (4) provides that a person who, by warrant, is authorised to obtain or seize any information, material, record, document or thing or any other source material or is requested to give any information, material, record, document or thing or any other source material or to make the services of other persons available to the Directorate shall not disclose the warrant, or disclose or use any information gained by or conveyed to him or her when acting pursuant to the warrant, otherwise than as authorised by the warrant or by the DG.

Section 20 (5) provides that a person who acquires knowledge of any information knowing that it was gained as a result of any warrant or seizure in accordance with such warrant shall not disclose that information otherwise than in the course of his or her duties. Section 20 (6) provides that a person who contravenes any of the provisions of this section shall be guilty of an offence.

Sections 20(4), 20(5) and 20(6) cannot be faulted because they protect members of the public from having information collected about them through warrants of search, for instance, disclosed willy-nilly, violating their right to privacy. Section 21 (1) provides that an officer or support staff authorised in that behalf by the DG may, without warrant, arrest a person if he or she reasonably suspects that that person has committed or is about to commit an offence referred to in this Act.

This section, too, cannot be faulted. It would not make sense to let a person commit an offence, for instance, simply because a DISS officer or support staff has no warrant of arrest.  Section 21 (2) provides that where, during an investigation by an officer or support staff, of a suspected offence, another offence is disclosed, the officer or support staff may, without warrant, arrest a person if he or she reasonably suspects that such person is guilty of that other offence, and he or she reasonably suspects that such other offence was connected with, or that either directly or indirectly its commission was facilitated by, the suspected offence.

This section, too, cannot be faulted. It would not make sense for a DISS officer or support staff to fail to arrest a person when another offence is disclosed during an investigation simply because he has no warrant for such newly disclosed offence, but has one for a suspected offence.

Section 21 (3) provides that an officer or support staff may- (a) use such force as is reasonable in the circumstances in effecting an arrest under this section; and (b) for the purpose of effecting an arrest, enter and search any premises or place if he or she has reason to believe that there is in the premises or place a person who is to be arrested.

This section, too, cannot be faulted because, in some instances, suspects resist arrest and even exercise violence which, if not met by reasonable force, may imperil the life of not only the DISS agents, but also that of members of the public.  Section 21 (4) provides that an officer or support staff shall not enter any premises or place under subsection (3) unless the officer or support staff has first stated that he or she is an officer or support staff and the purpose for which he or she seeks entry and produced his or her identity card to any person requesting its production.

This section, too, cannot be faulted because it protects members of the public from criminals who may use the guise of the DISS to commit crimes and terrorize people. Section 21 (5) provides that on compliance with the provisions of subsection (4), the officer or support staff may enter the premises or place by force, if necessary. This section, too, cannot be faulted because sometimes the use of force is necessary, especially for criminals who may resist entry to avoid collection of evidence and to avoid arrest.

Section 21 (6) provides that where an officer or any support staff has arrested a person under this section, he or she may- (a) search that person and the premises or place in which that person was arrested; (b) seize and detain anything which such officer or support staff has reason to believe to be, or to contain, evidence of any of the offences referred to in this Act. This section, too, cannot be faulted. Section 21 (7) provides that a person referred to in subsection (6) shall only be searched by a person of the same sex. This section, too, cannot be faulted since it respects the privacy of person for the person searched.

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Appendicitis: Recognising the Signs

29th March 2022

Many a times I get clients casually walking into my room and requesting to be checked for “appendix”.  Few questions down the line, it is clear they are unaware of where the appendix is or what to expect when one does have it (appendicitis). Jokingly (or maybe not) I would tell them they would possibly not be having appendicitis and laughing as hard as they are doing. On the other hand, I would be impressed that at least they know and acknowledge that appendicitis is a serious thing that they should be worried about.

So, what is Appendicitis?

Appendicitis is an inflammation of the appendix; a thin, finger-like pouch attached to the large intestine on the lower right side of the abdomen. Often the inflammation can be as a result of blockage either by the faecal matter, a foreign body, infection, trauma or a tumour. Appendicitis is generally acute, with symptoms coming on over the course of a day and becoming severe rapidly. Chronic appendicitis can also occur, though rarely. In chronic cases, symptoms are less severe and can last for days, weeks, or even months. 

Acute appendicitis is a medical emergency that almost always ends up in the operating theatre. Though the appendix is locally referred to as “lela la sukiri”, no one knows its exact role and it definitely does not have anything to do with sugar metabolism. Appendicitis can strike at any age, but it is mostly common from the teen years to the 30s.

Signs to look out for

If you have any of the following symptoms, go and see a Doctor immediately! Timely diagnosis and treatment are vital in acute appendicitis;

Sudden pain that starts around the navel and shifts to the lower right abdomen within hours

The pain becomes constant and increases in severity (or comes back despite painkillers)

The pain worsens on coughing, sneezing, laughing, walking or deep breaths

Loss of appetite

Nausea and vomiting

Fever

Constipation or diarrhoea

Abdominal bloating/fullness

Diagnosis

The doctor often asks questions regarding the symptoms and the patient’s medical history. This will be followed up by a physical examination in which the Doctor presses on the abdomen to check for any tenderness, and the location of the pain. With acute appendicitis, pressing on and letting go of the right lower abdomen usually elicits an excruciatingly unbearable pain. Several tests may be ordered to determine especially the severity of the illness and to rule out other causes of abdominal pain. The tests may conditions include: blood tests, a pregnancy test, urinalysis, abdominal  “How do ultrasound scans work?” ultrasound (scan), CT scan or MRI Scan.

Treatment

The gold standard treatment of acute appendicitis is surgical removal of the appendix known as appendectomy. Luckily, a person can live just fine without an appendix! Surgical options include laparoscopy or open surgery and the type will be decided on by the Surgeon after assessing the patient’s condition. Painkillers and antibiotics are also given intravenously usually before, during and after the surgery.

Complications

Appendicitis can cause serious complications such as;

Appendicular mass/abscessIf the appendix is inflamed or bursts, one may develop a pocket of pus around it known as an abscess. In most cases, the abscess will be treated with antibiotics and drained first by placing a tube through one’s abdominal wall into the abscess. The tube may be left in place for a few hours or days while the infection is clearing up but ultimately one would still have surgery to remove the appendix.

Peritonitis – without treatment, the appendix can rupture/burst. The risk of this rises 48–72 hours after symptoms start. A ruptured appendix spreads the infection throughout the abdomen (peritonitis). This is life threatening and requires immediate surgery to remove the appendix and clean the abdominal cavity.

Death – The complications of appendicitis (and appendectomy) can be life threatening, only if the diagnosis has been missed and no proper treatment has been given on time. This is rare though with the evolved medical care.

If you need further advice or treatment please call 4924730, email  HYPERLINK “mailto:info@themedicscentre.co.bw” info@themedicscentre.co.bw or visit www.themedisccentre.co.bw

Antoinette Boima, MBBS, BMedSci, PgDip HIV/AIDS, Cert Aesth Med is the Managing Director of The Medics Centre in Palapye.

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A degree of common sense

7th February 2022

Here’s a news item from last month you may have missed. In December 2021 the University of Staffordshire announced it would be offered a degree course in pantomime! Yes, that’s right, a degree in popular festive entertainment, the Christmas panto.

We used to have one here, put on by the Capitol Players, though it seems to have fallen away in recent times, but the spectacle is still alive and well in the UK, both in local ad-dram (amateur dramatic ) societies and on the London stage and most of the major cities, these latter productions usually featuring at least one big-draw name from the world of show business with ticket prices commensurate with the star’s salary.

In case you’re unfamiliar with the pantomime format, it consists of a raucous mixture of songs and comedy all based around a well-known fairy or folk tale. Aladdin and His Magic Lamp, Cinderella, Jack & The Beanstalk & Dick Whittington are perennial favourites but any well-known tall tale goes. There is no set script, unlike a play, and storyline is just a peg to hang a coat of contemporary, often bawdy, gags on, in what should be a rollicking production of cross dressing – there has to be at least one pantomime dame, played by a man and always a figure of fun, and a Principal Boy, ostensibly the male lead, yet played by an attractive young woman.

As an art form it can trace its roots back to 16th century Italy and the Commedia Del’Arte which used a mélange of music, dance, acrobatics along with a cast of comic stock characters so it has a long and proud theatrical tradition but you have to wonder, does that really qualify it as a suitable subject for a university? Further, what use might any degree be that can be acquired in a single year? And last but not least, how much standing does any degree have which comes from a jumped-up polytechnic, granted university status along with many of its ilk back in 1992, for reasons best known to the government of the time? Even more worrying are the stated aims of the course.

Staffordshire University claims it is a world first and the masters course is aimed at people working inside as well as outside the industry. Students on the course, due to start in September 2022, will get practical training in the art form as well as research the discipline.

“We want to see how far we can take this,” Associate Professor of Acting and Directing Robert Marsden said. The role of pantomime in the 21st Century was also going to be examined, he said, “particularly post Me Too and Black Lives Matter”. Questions including “how do we address the gender issues, how do we tell the story of Aladdin in 2021, how do we get that balance of male/female roles?” will be asked, Prof Marsden added.

Eek! Sounds like Prof. Marsden wants to rob it of both its history and its comedic aspects – well, good luck with that! Of course that isn’t the only bizarre, obscure and frankly time and money-wasting degree course available. Staying with the performing arts there’s Contemporary Circus and Physical Performance at Bath Spa University. Sounds like fun but why on earth would a circus performer need a university degree?

Or how about a Surf Science and Technology degree at Cornwall College (part of the University of Plymouth). Where the one thing you don’t learn is….how to surf!

Then there is a  degree in Floral Design at University Centre Myerscough. No, I hadn’t heard of it either – turns out it’s a college of further education in Preston, a town that in my experience fits the old joke of ‘I went there once…..It was closed’ to a ‘T’!

Another handy (pun intended) art is that of Hand Embroidery BA (Hons), offered at the University for the Creative Arts. Or you could waste away sorry, while away, your time on a course in Animal Behaviour and Psychology. This degree at the University of Chester teaches you about the way animals think and feel. Cockroaches have personalities according to the subject specs– you couldn’t make it up.

Happily all these educational institutes may have to look to their laurels and try to justify their very existence in the near future. In plans announced this week, universities could face fines of up to £500,000 (P750m), be stripped of their right to take student loans or effectively shut down if they cannot get 60 per cent of students into a professional job under a crackdown on ‘Mickey Mouse’ courses. Further, at least 80 per cent of students should not drop out after the first year, and 75 per cent should graduate.

The rules, published by the Office for Students (OfS), aim to eliminate ‘low-quality’ courses by setting new standards & requiring courses to improve their rating in the TEF, the official universities ratings system. Universities not meeting the new standards will not be able to charge full annual fees of £9,250. Unconventional courses that could fall victim to the new rules could include the University of Sunderland’s BA in Fashion Journalism, where students learn essential’ skills such as catwalk reporting and the history of Chanel.  They have only a 40 per cent chance of entering highly skilled work 15 months after leaving.

At University College Birmingham, BSC Bakery and Patisserie Technology students – who learn how to ‘make artisan bread’ – have a 15 per cent chance of a professional job within 15 months. Universities minister Michelle Donelan welcomed the move, saying ‘When students go to university, they do so in the pursuit of a life-changing education, one which helps pave their path towards a highly skilled career. Any university that fails to match this ambition must be held to account.’

OfS found that at 25 universities, fewer than half of students find professional work within 15 months.  Business and management courses at the University of Bedfordshire (14.8 per cent) were among the least likely to lead to graduate-level jobs.  Asked to comment, the University of Sunderland said it always looked ‘to find ways to improve outcomes’; University College Birmingham said data on graduates and definition of ‘professional work’ was limited. I’ll bet it is! As the saying goes, ’what the eye doesn’t see, the heart doesn’t grieve over’. What a pantomime!

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Why regular health checks are important!

7th February 2022

With the world still reeling from the negative impact of the Coronavirus disease-19 (COVID-19), and the latest Omicron variant (which is responsible for the ongoing global forth wave) on everyone’s lips, we should not forget and neglect other aspects of our health.

While anyone can get infected with corona virus and become seriously ill or die at any age, studies continue to show that people aged 60 years and above, and those with underlying medical conditions like hypertension, heart and lung problems, diabetes, obesity, cancers, or mental illness are at a higher risk of developing serious illness or dying from covid-19.

It is a good habit to visit a doctor regularly, even if you feel healthy. Regular health checks can help identify any early signs of health issues or assess your risk of future illness hence prompting one to take charge and maintain a healthy lifestyle. Heart disease, diabetes, some cancers and other non-communicable diseases (even communicable) can often be picked up in their early stages, when chances for effective treatment are high.

During a health check, your doctor will take a thorough history from you regarding your medical history, your family’s history of disease, your social life and habits, including your diet, physical activity, alcohol use, smoking and drug intake. S/he will examine you including measuring your weight, blood pressure, feeling your body organs and listening to your heart and lungs amongst the rest. Depending on the assessment, your doctor will notify you how often you need to have a health check. If you have a high risk of a particular health condition, your doctor may recommend more frequent health checks from an early age.

Diet – a healthy diet improves one’s general health and wellbeing. It is recommended that we have at least two serves of fruit and five serves of vegetables daily. Physical activity – regular physical activity has significant health benefits on one’s body, mind & soul. It contributes to preventing and managing non-communicable diseases such as cardiovascular diseases, cancers and diabetes, reduce symptoms of depression and anxiety, enhances thinking, learning, and judgment skills and improves overall well-being. According to the world health organisation (WHO), people who are insufficiently active have a 20% to 30% increased risk of death compared to people who are sufficiently active. Aim for 30 minutes to an hour of moderate physical activity at least four days in a week. Examples of moderate physical activity include brisk walking, gentle swimming and social tennis.

Weight – maintaining a healthy weight range helps in preventing long-term complications like cardiovascular disease, diabetes and arthritis. It is also vital for one’s mental wellbeing and keeping up with normal activities of daily living. Ask your doctor to check your body mass index (BMI) and waist circumference annually. If you are at a higher risk, you should have your weight checked more frequently and a stern management plan in place.

Alcohol – as per WHO reports, alcohol consumption contributes to 3 million deaths each year globally as well as to the disabilities and poor health of millions of people. Healthy drinking entails taking no more than two standard drinks per drinking day with at least two alcohol-free days in a week.

Smoking –Nicotine contained in tobacco is highly addictive and tobacco use is a major risk factor for cardiovascular and respiratory diseases, many different types of cancer, and many other debilitating health conditions. Every year, at least a whopping 8 million people succumb from tobacco use worldwide. Tobacco can also be deadly for non-smokers through second-hand smoke exposure. It is not ‘fashionable’ if it is going to cost you and your loved ones lives! If you are currently smoking, talk to your doctor and get help in quitting as soon as possible to reduce the harm.

Blood pressure: Hypertension is a serious medical condition and can increase the risk of heart, brain, kidney and other diseases. It is a major cause of premature death worldwide, with upwards of 1 in 4 men and 1 in 5 women – over a billion people – having the condition. Have your blood pressure checked annually if it is normal, you are aged under 40 and there is no family history of hypertension. You might need to have it checked more frequently if you are over 40, your blood pressure is on the high side, or you have a personal or family history of high blood pressure, stroke or heart attack. Your doctor will be there to guide you.

Dental care – eating a low-sugar diet and cleaning and flossing the teeth regularly can reduce one’s risk of tooth decay, gum disease and tooth loss. Visit a dentist every six months for a dental examination and professional cleaning, or more frequently as per your dentist’s advice.
Blood tests – annual to five-yearly blood tests may be done to further assess or confirm risk of disease. These may include blood sugar levels, cholesterol levels, kidney function, liver function, tumour markers, among other things. They may be done frequently if there is already an existing medical condition.

Cancer screening – various screening techniques can be done to detect different cancers in their early or pre-cancer stages. These include; skin inspections for any suspicious moles/spots, two-yearly mammograms for those at risk of developing breast cancer, Pap smear or the new Cervical Screening Test (CST) every five years, stool tests and colonoscopy (every five years) for those at most risk of bowel cancer, prostate cancer screening for those at risk (over 45 years of age, family history of cancers etc.). Discuss appropriate tests with your doctor.

Vaccinations – You should discuss with your doctor about the necessary routine immunisation, in particular; the Covid-19 vaccines, an annual flu shot, a five-yearly pneumococcal vaccine if you have never had one or you are immunocompromised and any other boosters that you might need.

If you need further advice or treatment please call 4924730, email HYPERLINK “mailto:info@themedicscentre.co.bw” info@themedicscentre.co.bw or visit www.themedisccentre.co.bw

Antoinette Boima, MBBS, BMedSci, PgDip HIV/AIDS, Cert Aesth Med is the Managing Director of The Medics Centre in Palapye.

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