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Emergency regulations you must know

EMERGENCY REGULATIONS
  1. Under the Emergency Powers Act, the President can make such regulations as appear to him to be necessary or expedient for, amongst others, securing the public safety and the defence of the Republic, the maintenance of public order, and for maintaining supplies and services essential to the life of the people.
  2. Such Regulations have been published through Statutory Instrument No. 61 of 2020 and are currently in force. They deal with a wide spectrum of issues including declaration of a national lockdown for the whole of Botswana, effective midnight 02nd April 2020 until 30th April 2020; curtailment of movement by persons with a view to suppressing the virus, etc, whilst allowing the economy to run at a minimal level.
  3. During the period of the lockdown all persons employed within the public service, parastatals and state owned entities shall, to the exclusion of essential services personnel, work remotely from home. This also applies to the private sector.
  4. During lockdown everyone shall remain confined to their homes except those attending an urgent meeting of Cabinet, the National Assembly, a Council, an urgent meeting of the COVID-19 National Task Team or are essential service employees.
  5. All schools shall be closed during the state of public emergency.
  6. All religious places of worship shall be closed during the state of public emergency.
  7. A person shall not travel between villages, towns, cities and districts for non- essential travel during a lockdown
  8. During lockdown a person may leave his/her home between the hours of 0800 and 2000 to access essential supplies, provided he/she is issued with a permit.
  9. Persons other than citizens and non-citizen residents are not allowed entry into Botswana during the state of public emergency.
  10. To provide the necessary safeguard during the period of lockdown, health services, emergency services, administration of justice, legal practitioners and the media have been declared as essential. However, they should obtain permits to access their workplaces.
  11. The escalation of measures to fight the COVID-19 pandemic from the Public Health Act [CAP.63:01] to the Constitution will allow Parliament to provide the necessary oversight role of ensuring that the Emergency Powers Regulations are a product of national consensus.
  12. The Public Health Act is a good piece of legislation that attempts to deal with public health emergencies. However, it is limited and is not sufficiently endowed with authority to deal with a public health emergency of this magnitude. For example, section 23 of the Public Health Act authorises the Director to declare that a public health emergency exists. Such declaration is limited to seven (7) days although in terms of section 24 of the Act the Director has authority to “extend the period of a public health emergency declaration as may be necessary.”
  13. A resolution made by the National Assembly in terms of section 17 of the Constitution continues in force until the expiration of a period of six months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution.
  14. Once the President issues a declaration that a state of public emergency exists, the President is authorised to make regulations under the Emergency Powers Act [CAP. 22:04]. The Emergency Powers Act provides wider latitude compared to the Public Health Act. The Public Health Act requires issuance of directives by the Director while under the Emergency Powers Act, regulations are issued by the President and take precedence where there is inconsistency between the Regulations and existing laws.
  15. Emergency regulations issued by the President under the Emergency Powers Act do not suspend the operation of existing laws. The Regulations are read with existing laws and only take precedence where there is inconsistency.
  16. The Regulations were further amended through Statutory Instrument No. 62 of 2020. The major amendment include incorporation the definition of the word ‘home’, which includes masimo and moraka. The forms for permits were substituted to facilitate contact tracing of individuals. Further, a new provision was incorporated banning the importation or sale of tobacco during the state of public emergency.
  17. Additional amendments were made through Statutory Instrument No. 63 of 2020, which I tabled today. The notable amendment includes giving the Chief Justice powers to suspend certain court procedures such as the timelines laid down in the High Court Rules, issuance of Directives relating to the detention, bail or remand of prisoners awaiting arraignment, trial or appeal.
  18. The amendment above also includes suspending section 18 of the Local Government Act, which provides for the filling of the seat of a member of Council within a period of three months.
  19. Further Statutory Instrument No. 63 of 2020 incorporates an amendment which prohibits an industrial action during the state of emergency.
  20. The above instrument further provides that where a business is unable to have employees work remotely from home or where it is unable to pay salaries, the business may cease operations but that it shall not retrench or dismiss an employee during the state of emergency.
  21. This House is requested to approve the Emergency Powers (Covid-19) Regulations, 2020 contained in Statutory Instrument No. 61 of 2020 as amended through Statutory Instruments No. 62 of 2020 and 63 of 2020.

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Khan: Boko, Masisi are fake politicians

18th January 2021
Masisi & Boko

While there is no hard-and-fast rule in politics, former Molepolole North Member of Parliament, Mohamed Khan says populism acts in the body politic have forced him to quit active partisan politics. He brands this ancient ascription of politics as fake and says it lowers the moral compass of the society.

Khan who finally tasted political victory in the 2014 elections after numerous failed attempts, has decided to leave the ‘dirty game’, and on his way out he characteristically lashed at the current political leaders; including his own party president, Advocate Duma Boko. “I arrived at this decision because I have noticed that there are no genuine politics and politicians. The current leaders, Boko and President Dr Mokgweetsi Masisi are fake politicians who are just practicing populist politics to feed their egos,” he said.

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Ookeditse rejects lobby for BPF top post

18th January 2021
LAWRENCE-OOKEDITSE

Former Botswana Democratic Party (BDP) parliamentary hopeful, Lawrence Ookeditse has rejected the idea of taking up a crucial role in the Botswana Patriotic Front (BPF) Central Committee following his arrival in the party this week. According to sources close to development, BPF power brokers are coaxing Ookeditse to take up the secretary general position, left vacant by death of Roseline Panzirah-Matshome in November 2020.

Ookeditse’s arrival at BPF is projected to cause conflicts, as some believe they are being overlooked, in favour of a new arrival. The former ruling party strategist has however ruled out the possibility of serving in the party central committee as secretary general, and committed that he will turn down the overture if availed to him by party leadership.

Ookeditse, nevertheless, has indicated that if offered another opportunity to serve in a different capacity, he will gladly accept. “I still need to learn the party, how it functions and all its structures; I must be guided, but given any responsibility I will serve the party as long as it is not the SG position.”

“I joined the BPF with a clear conscious, to further advance my voice and the interests of the constituents of Nata/Gweta which I believe the BDP is no longer capable to execute.” Ookeditse speaks of abject poverty in his constituency and prevalent unemployment among the youth, issues he hopes his new home will prioritise.

He dismissed further allegations that he resigned from the BDP because he was not rewarded for his efforts towards the 2019 general elections. After losing in the BDP primaries in 2018, Ookeditse said, he was offered a job in government but declined to take the post due to his political ambitions. Ookeditse stated that he rejected the offer because, working for government clashed with his political journey.

He insists there are many activists who are more deserving than him; he could have chosen to take up the opportunity that was before him but his conscious for the entire populace’s wellbeing held him back. Ookeditse said there many people in the party who also contributed towards party success, asserting that he only left the BDP because he was concerned about the greater good of the majority not individualism purposes.

According to observers, Ookeditse has been enticed by the prospects of contesting Nata/Gweta constituency in the 2024 general election, following the party’s impressive performance in the last general elections. Nata/Gweta which is a traditional BDP stronghold saw its numbers shrinking to a margin of 1568. BDP represented by Polson Majaga garnered 4754, while BPF which had fielded Joe Linga received 3186 with UDC coming a distant with 1442 votes.

There are reports that Linga will pave way for Ookeditse to contest the constituency in 2024 and the latter is upbeat about the prospects of being elected to parliament. Despite Ookeditse dismissing reports that he is eying the secretary general position, insiders argue that the position will be availed to him nevertheless.

Alternative favourite for the position is Vuyo Notha who is the party Deputy Secretary General. Notha has since assumed duties of the secretariat office on the interim basis. BPF politburo is expected to meet on 25th of January 2020, where the vacancy will be filled.

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BDP cancels MPs retreat

18th January 2021
President Masisi

Botswana Democratic Party (BDP) big wigs have decided to cancel a retreat with the party legislators this weekend owing to increasing numbers of Covid-19 cases. The meeting was billed for this weekend at a place that was to be confirmed, however a communique from the party this past Tuesday reversed the highly anticipated meeting.

“We received a communication this week that the meeting will not go as planned because of rapid spread of Covid-19,” one member of the party Central Committee confirmed to this publication.
The gathering was to follow the first of its kind held late last year at party Treasurer Satar Dada’s place.

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