Is a six months State of Public Emergency necessary to fight Covid-19?
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On 31st March 2020, His Excellency the President, Dr. Mokgweetsi Masisi, in terms of section 17 of the Constitution of Botswana (the Constitution), declared a State of Public Emergency (SoPE) to deal with the Corona virus pandemic (Covid-19). It is this SoPE that the President seeks to be approved by Parliament for a period of six months. It is apposite that we reproduce section 17 of the Constitution considering its centrality to the subject matter.
Section 17(1) provides that The President may at any time, by Proclamation published in the Gazette, declare that a state of public emergency exists. It is this section that the President relied upon when he declared the SoPE.
Section 17 (2)(a) provides that A declaration under subsection (1) of this section, if not sooner revoked, shall cease to have effect in the case of a declaration made when Parliament is sitting or has been summoned to meet within seven days, at the expiration of a period of seven days beginning with the date of publication of the declaration.
Section 17 (2)(b) provides that A declaration under subsection (1) of this section, if not sooner revoked, shall cease to have effect in any other case, at the expiration of a period of 21 days beginning with the date of publication of the declaration, unless before the expiration of that period, it is approved by a resolution passed by the National Assembly, supported by the votes of a majority of all the voting members of the Assembly.
It is because of sections 17(2) (a) and (b) that the President summoned Parliament to sit on 8th April 2020 to consider his motion to approve the SoPE.
Section 17(3) provides that Subject to the provisions of subsection (4) of this section, a declaration approved by a resolution of the National Assembly under subsection (2) of this section shall continue 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: Provided that the National Assembly may, by resolution, supported by the votes of a majority of all the voting members of the Assembly, extend its approval of the declaration for periods of not more than six months at a time.
It is in terms of 17(3) that the President has asked Parliament to endorse his proposal for the SoPE to last for a period of six months. Section 17(4) provides that The National Assembly may by resolution at any time revoke a declaration approved by the Assembly under this section.
It is because of section 17(4) that the President has informed Parliament that should the Covid-19 situation abate he shall lift the SoPE immediately. Of course, the correct position of the law is that, in terms of section 17(4), once Parliament approves the SoPE, it will be for it to revoke the SoPE, not the President.
It is common course that, initially, the President had indicated that since he is only empowered to declare a SoPE that lasts 21 days, he will be seeking Parliaments endorsement for an additional 7 days to make the SoPE run for 28 days.
However, the President later mentioned that following expert advice he will be asking Parliament to endorse the SoPE for a period of six months. Indeed, when Parliament resumed on 8th April 2020, the government tabled the motion for a six months SoPE.
The Umbrella for Democratic Change (UDC) opposed it fiercely and the Leader of the Opposition, Honourable Dumelang Saleshando, moved an amendment for the SoPE to run for 28 days but the motion was defeated.
Given the ruling Botswana Democratic Party (BDP)s majority in Parliament, the approval of the six months SoPE has always been a formality. The question, however, is: Is a six months SoPE necessary to fight Covid-19?
In this article, we attempt to answer this question. In her debate in support of the six months SoPE, Honourable Dr. Unity Dow did so through a framework which I found very useful. I use her framework in this article.
The first concern that she implored us to consider is whether there are no other laws other than section 17 of the Constitution that can be used to fight Covid-19. The UDC has argued that there are. The question is: are there such laws? Before we answer this question, it is apposite that we remind ourselves of some of the things that the President said he wants to achieve through the six months SoPE.
According to him, he needs the SoPE because the Public Health Act is limited in relation to such aspects as expeditious procurement of essential supplies; enhancing the capacity of the health sector; protecting government from lawsuits; deployment of the armed forces, etc.
Let us start with procurement of essential supplies. As you are aware, the law that regulates public procurement and asset disposal is the Public Procurement and Asset Disposal (PPAD) Act, Cap.42:08 (PPAD Act).
Section 6 of the PPAD Act provides that A derogation from the application of the relevant provisions of this Act in respect of sections 4 and 5 may be applied for to the Board, on the prescribed form, by the competent agency responsible for the procurement or disposal in question, with supporting documentation.
I wish to submit that, in terms of section 6 supra, if, owing to the special circumstances presented by Covid-19, there is a need to depart from the PPAD Act, such a departure is already provided for and may be applied for to the Board.
Section 44 (1) of the PPAD Act provides that Subject to subsection (2), there shall be no retroactive approval by the Board, or its Committees of any bid issued or invitation to tender by a procuring or disposing entity.
Section 44 (2) of the PPAD Act provides that The Board may resolve to issue a retroactive approval of any bid issued or invitation to tender where it is satisfied that a procuring or disposing entity was required to proceed with the bid or invitation due to an urgent requirement or emergency arising from special circumstances.
I wish to submit that, in terms of section 44(2) supra, if, owing to the special circumstances presented by Covid-19, there is a need to make procurements without prior approval by the Board in terms of the PPAD Act, such procurement can be lawfully done with approval to be made later, retroactively.
The above sections of the PPAD Act can, therefore, allow essential supplies as required during Covid-19 to be procured expeditiously. There is, therefore, no need to rely on the SoPE for such a purpose.
We now deal with the deployment of armed forces. Section 48 (1) of the Constitution provides that The supreme command of the armed forces of the Republic shall vest in the President and he or she shall hold the office of Commander in Chief.
Section 48 (2) (a) of the Constitution provides that The powers conferred on the President by subsection (1) of this section shall include the power to determine the operational use of the armed forces.
It is submitted that the Presidents power to determine the operational use of the armed forces can be used to deploy the armed forces for operations related to the fight against Covid-19. There is, therefore, no need to rely on the SoPE for such a purpose.
We now deal with the protection of government from lawsuits, for instance, lawsuits by entities seeking damages against government for its failure to perform its contractual obligations.
Ordinarily, in the law of contract, government would be protected by vis majure clauses. A vis majure clause avails a defence to a party to a contract in the event of such an overwhelming, unanticipated, and unpreventable event as Covid-19. In that case, a party may be exempted from performing its obligations under a contract.
But it goes without saying that some of the contracts government has with other parties have no vis majure clause. Also, the Public Health Act does not avail a defence of vis majure to government. Therefore, government stands the risk of facing lawsuits, e.g. by companies that incur loss of business as a result of the Covid-19 lockdown.
Through a SoPE, however, government can achieve immunity against such lawsuits. There is, therefore, need to rely on the SoPE for such a purpose. It has been argued that the Public Health Act, Cap.63:01(Cap.63:01) is enough instrument to fight Covid-19. Section 23 (1) of Cap.63:01 provides that The Director may, by Order published in the Gazette, declare that a public health emergency exists if- (a) the Director is satisfied that the situation so dictates it; and (b) it is not practicable for a declaration of a state of emergency or disaster to be made under the Emergency Powers Act (Cap. 22:04).
In terms of this section, the Director can only declare that a public health emergency exists not only if he is satisfied that it exists but also if it is not practicable for the declaration to be made by the President. Therefore, the power is not truly of the Director, it is of the President.
Section 23 (2) of Cap.63:01 provides that A public health emergency declaration made under subsection (1) shall specify- (a) the nature of the public health emergency; (b) the area to which the declaration relates; and (c) the period, not exceeding seven days, during which the declaration shall be in force.
Section 24 (1) of Cap.63:01 provides that A public health emergency declaration shall come into force on the date on which it is made and shall continue for the period specified in the declaration.
Section 24 (2) of Cap.63:01 provides that The Director may, by Order published in the Gazette, extend the period of a public health emergency declaration as may be necessary.
In terms of sections 23(2); 24(1) and 24(2) supra, a public health emergency declaration made by the Director is far limited in duration than that made by the President subject to Parliaments approval. Section 26 (1) of Cap.63:01 provides that The Director may, in writing, authorize persons or a class of persons to assist him or her in carrying out any direction under this Act.
Section 26 (2) of Cap.63:01 provides that A person authorized under subsection (1), or a police officer, in assisting the Director to carry out any direction under this Act, may.
As stated earlier, the power to deploy the armed forces is a preserve of the President as Commander in Chief in terms of section 48 of the Constitution. This power far outweighs the Directors power in terms of section 26(2) above.
Therefore, though Cap.63:01 provides powers relating to compensation; public health enquiries; investigation and entry, inspection and seizure in terms of sections 27; 29; 30 and 31 respectively, its powers are far less than those a President has under a SoPE.
Going back to Honourable Dr. Dows framework, the next concern should be whether the SoPE seeks to suspend the Constitution?
If it does, it would be problematic in that the President would be able to trample on peoples rights and freedoms. Not only that. The Legislature and the Judiciary, which serve as checks and balances in relation to the Executive, would be suspended.
Nobody has suggested that this SoPE seeks to suspend the Constitution. All it will do, as do all States of Public Emergency, will be to limit peoples rights. It is submitted that if such limitation is reasonable and justifiable and is rationally connected to the purpose it seeks to achieve, then it would be constitutionally permissible.
After all, the Constitution itself permits limitation of human rights and freedoms. Section 16(1) provides that Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5 or 15 of this Constitution to the extent that the law authorizes the taking during any period when Botswana is at war or any period when a declaration under section 17 of this Constitution is in force, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period.
Should there be any measures taken by the President that are not reasonably justifiable for the purpose of dealing with Covid-19, the courts, which stand guard over our Constitution, will be available for aggrieved parties.
The mandate of the courts is, however, limited by section 3(2) (g) of the Emergency Powers Act, Cap.22:04 (Cap.22:04) which provides that the regulations which the President is empowered to make during a SoPE may provide for the apprehension, trial and punishment to persons offending against the regulations.
Solace is, however, found in the proviso to section 3(2) (g) of Cap.22:04 which provides that nothing in this paragraph shall authorize the making of provision for the trial of persons by military courts.
Should there be any measures taken by the President that are not reasonably justifiable for the purpose of dealing with Covid-19, Parliament can revoke the SoPE in terms of Section 17(4) of the Constitution.
Concern has been raised, however, that during the SoPE Parliament may be unable to meet for such a purpose. I am unaware of any law which proscribes Parliament from meeting during a SoPE.
However, because our Parliament is not institutionally independent from the Office of the President (OP), OP may frustrate Parliaments efforts to meet if the President does not want it to. But because the courts will be operational during the SoPE, it is submitted that Parliament can approach the courts for recourse.
Some have argued that Parliament cannot act in any manner, including approaching the courts, or telling the President anything before the SoPE lapses because it dies the moment it endorses the SoPE. This cannot be correct. Read literally, section 17(4) of the Constitution supra clearly shows that Parliament does not die during the SoPE for if it were so, it would not have the power to revoke the SoPE.
Honourable Dr. Dow has suggested that during the SoPE the President is enjoined to convene Parliament to approve the regulations he may make. This is not correct. In terms of section 3(1) of Cap.22:04, the President does not need Parliaments approval to make regulations during the SoPE. He makes the regulations acting alone.
It ought to be stated that such regulations may have far reaching implications since, in terms of 3(1) of Cap.22:04, they may provide for the detention and restriction of movement; authorize the taking of possession or control of property or undertaking; and the entering and search of any premises.
Thankfully, the President does not have the power to amend the Constitution during a SoPE. He can, therefore, not amend the Constitution to abolish Parliament and the courts, for instance.
It is, however, disconcerting that the President can, in terms of section 3(2) (d) of Cap.22:04, make regulations that provide for amending any enactment, for suspending the operation of any enactment and for applying any enactment with or without modification.
Going back to Honourable Dr. Dows framework, the last concern should be whether the period for the SoPE is reasonable and motivated by proper motive?
With respect to this, I shall be very brief for this is dependent on scientific evidence available to government to which I am not privy. The difficulty with this is that the most sacred of human rights, i.e. the right to life, is at stake as a result of Covid-19. No other right takes precedence over this right. In fact, no right can be without the right to life.
However, whatever scientific evidence there is should be balanced with the effect that the SoPE will have on the socio-economic wellbeing of the people. It is needless to say that the SoPE will result in closure of companies, loss of jobs and loss of means of production and sustenance, resulting in unbearable suffering for our people. This, the President should consider judiciously.
Some BDP Members of Parliament (MPs) have suggested that the six-month SoPE does not necessarily translate to a six-month lockdown. For what it is worth, I discuss this matter in the next article.
*Ndulamo Anthony Morima, LLM(NWU); LLB(UNISA); DSE(UB); CoP (BAC); CoP (IISA) is the proprietor of Morima Attorneys. He can be contacted at 71410352 or anmorima@gmail.com
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In recent years, using personal devices in working environments has become so commonplace it now has its own acronym, BOYD (Bring Your Own Device). But as employees skip between corporate tools and personal applications on their own devices, their actions introduce a number of possible risks that should be managed and mitigated with careful consideration. Consider these examples:
Si-lwli, a small family-run business in Wales, is arguably as niche a company as you could find, producing talking toys used to promote the Welsh language. Their potential market is small, with only some 300,000 Welsh language speakers in the world and in reality the business is really more of a hobby for the husband-and-wife team, who both still have day jobs. Yet, despite still managing to be successful in terms of sales, the business is now fighting for survival after recently falling prey to cybercriminals. Emails between Si-Iwli and their Chinese suppliers were intercepted by hackers who altered the banking details in the correspondence, causing Si-Iwli to hand over £18,000 (around P ¼ m) to the thieves. That might not sound much to a large enterprise, but to a small or medium business it can be devastating.
Another recent SMB hacking story which appeared in the Wall Street Journal concerned Innovative Higher Ed Consulting (IHED) Inc, a small New York start-up with a handful of employees. IHED didn’t even have a website, but fraudsters were able to run stolen credit card numbers through the company’s payment system and reverse the charges to the tune of $27,000, around the same loss faced by Si-Iwli. As the WSJ put it, the hackers completely destroyed the company, forcing its owners to fold.
And in May 2019, the city of Baltimore’s computer system was hit by a ransomware attack, with hackers using a variant called RobinHood. The hack, which has lasted more than a month, paralysed the computer system for city employees, with the hackers demanding a payment in Bitcoin to give access back to the city.
Of course, hackers target governments or business giants but small and medium businesses are certainly not immune. In fact, 67% of SMBs reported that they had experienced a cyber attack across a period of 12 months, according to a 2018 survey carried out by security research firm Ponemon Institute. Additionally, Verizon issued a report in May 2019 that small businesses accounted for 43% of its reported data breaches. Once seen as less vulnerable than PCs, smartphone attacks are on the rise, with movements like the Dark Caracal spyware campaign underlining the allure of mobile devices to hackers. Last year, the US Federal Trade Commission released a statement calling for greater education on mobile security, coming at a time when around 42% of all Android devices are believed to not carry the latest security updates.
This is an era when employees increasingly use their smartphones for work-related purposes so is your business doing enough to protect against data breaches on their employees’ phones? The SME Cyber Crime Survey 2018 carried out for risk management specialists AON showed that more than 80% of small businesses did not view this as a threat yet if as shown, 67% of SMBs were said to have been victims of hacking, either the stats are wrong or business owners are underestimating their vulnerability. A 2019 report by PricewaterhouseCoopers suggests the latter, stating that the majority of global businesses are unprepared for cyber attacks.
Consider that a workstation no longer means a desk in an office: It can be a phone in the back of a taxi or Uber; a laptop in a coffee shop, or a tablet in an airport lounge. Wherever the device is used, employees can potentially install applications that could be harmful to your business, even from something as seemingly insignificant as clicking on an accidental download or opening a link on a phishing email. Out of the physical workplace, your employees’ activities might not have the same protections as they would on a company-monitored PC.
Yet many businesses not only encourage their employees to work remotely, but assume working from coffee shops, bookstores, and airports can boost employees’ productivity. Unfortunately, many remote hot spots do not provide secure Wi-Fi so if your employee is accessing their work account on unsecured public Wi-Fi, sensitive business data could be at risk. Furthermore, even if your employee uses a company smartphone or has access to company data through a personal mobile device, there is always a chance data could be in jeopardy with a lost or stolen device, even information as basic as clients’ addresses and phone numbers.
BOYDs are also at risk from malware designed to harm and infect the host system, transmittable to smartphones when downloading malicious third-party apps. Then there is ransomware, a type of malware used by hackers to specifically take control of a system’s data, blocking access or threatening to release sensitive information unless a ransom is paid such as the one which affected Baltimore. Ransomware attacks are on the increase, predicted to occur every 14 seconds, potentially costing billions of dollars per year.
Lastly there is phishing – the cyber equivalent of the metaphorical fishing exercise – whereby cybercriminals attempt to obtain sensitive data –usernames, passwords, credit card details –usually through a phoney email designed to look legitimate which directs the user to a fraudulent website or requests the data be emailed back directly. Most of us like to think we could recognize a phishing email when we see it, but these emails have become more sophisticated and can come through other forms of communication such as messaging apps.
Bottom line is to be aware of the potential problems with BOYDs and if in doubt, consult your IT security consultants. You can’t put the own-device genie back in the bottle but you can make data protection one of your three wishes!
About five days before Princess Diana and Dodi Al Fayed landed in Paris, General Atiku, a certain Edward Williams was taking a walk in a woods in the Welsh town of Mountain Ash. Williams, then 73, was a psychic of some renown. He had in the past foretold assassination attempts on US President Ronald Reagan, which occurred on March 30, 1981, and Pope John Paul II, which came to pass on May 13, 1981.
As he trudged the woods, Williams had a sudden premonition that pointed to Diana’s imminent fate as per Christopher Andersen’s book The Day Diana Died. “When the vision struck me, it was as if everything around me was obscured and replaced by shadowy figures,” Williams was later to reminisce. “In the middle was the face of Princess Diana. Her expression was sad and full of pathos. She was wearing what looked like a floral dress with a short dark cardigan. But it was vague. I went cold with fear and knew it was a sign that she was in danger.”
Williams hastily beat a retreat to his home, which he shared with his wife Mary, and related to her his presentiment, trembling like an aspen leaf as he did so. “I have never seen him so upset,” Mary recounted. “He felt he was given a sign and when he came back from his walk he was deeply shaken.”
The following day, Williams frantically sauntered into a police station to inform the police of his premonition. The officer who attended to him would have dismissed him as no more than a crackpot but he treated him seriously in view of the accuracy of his past predictions. He took a statement and immediately passed it on to the Special Branch Investigative Unit.
The report read as follows:
“On 27 August, at 14:12 hrs, a man by the name of Edward Williams came to Mountain Ash police station. He said he was a psychic and predicted that Princess Diana was going to die. In previous years, he has predicted that the Pope and Ronald Reagan were going to be the victims of assassination attempts. On both occasions he was proved to be correct. Mr Williams appeared to be quite normal.”
Williams, General, was spot-on as usual: four days later, the princess was no more.
Meanwhile, General, even as Dodi and Diana were making their way to the Fayed-owned Ritz Hotel in central Paris, British newspapers were awash with headlines that suggested Diana was kind of deranged. Writes Andrew Morton in Diana in Pursuit of Love: “In The Independent Diana was described as ‘a woman with fundamentally nothing to say about anything’. She was ‘suffering from a form of arrested development’. ‘Isn’t it time she started using her head?’ asked The Mail on Sunday. The Sunday Mirror printed a special supplement entitled ‘A Story of Love’; The News of the World claimed that William had demanded that Diana should split from Dodi: ‘William can’t help it, he just doesn’t like the man.’ William was reportedly ‘horrified’ and ‘doesn’t think Mr Fayed is good for his mother’ – or was that just the press projecting their own prejudices? The upmarket Sunday Times newspaper, which had first serialised my biography of the princess, now put her in the psychiatrist’s chair for daring to be wooed by a Muslim. The pop-psychologist Oliver James put Diana ‘On the Couch’, asking why she was so ‘depressed’ and desperate for love. Other tabloids piled in with dire prognostications – about Prince Philip’s hostility to the relationship, Diana’s prospect of exile, and the social ostracism she would face if she married Dodi.”
DIANA AND DODI AT THE RITZ
Before Diana and Dodi departed the Villa Windsor sometime after 16 hrs, General, one of Dodi’s bodyguards Trevor Rees-Jones furtively asked Diana as to what the programme for the evening was. This Trevor did out of sheer desperation as Dodi had ceased and desisted from telling members of his security detail, let alone anyone else for that matter, what his onward destination was for fear that that piece of information would be passed on to the paparazzi. Diana kindly obliged Trevor though her response was terse and scarcely revealing. “Well, eventually we will be going out to a restaurant”, that was all Diana said. Without advance knowledge of exactly what restaurant that was, Trevor and his colleagues’ hands were tied: they could not do a recce on it as was standard practice for the security team of a VIP principal. Dodi certainly, General, was being recklessly by throwing such caution to the winds.
At about 16:30, Diana and Dodi drew up at the Ritz Hotel, where they were received by acting hotel manager Claude Roulet. The front entrance of the hotel was already crawling with paparazzi, as a result of which the couple took the precaution of using the rear entrance, where hopefully they would make their entry unperturbed and unmolested. The first thing they did when they were ensconced in the now $10,000 a night Imperial Suite was to spend some time on their mobiles and set about touching base with friends, relations, and associates. Diana called at least two people, her clairvoyant friend Rita Rogers and her favourite journalist Richard Kay of The Daily Mail.
Rita, General, was alarmed that Diana had proceeded to venture to Paris notwithstanding the warning she had given Dodi and herself in relation to what she had seen of him in the crystal ball when the couple had consulted her. When quizzed as to what the hell she indeed was doing in Paris at that juncture, Diana replied that she and Dodi had simply come to do some shopping, which though partially true was not the material reason they were there. “But Diana, remember what I told Dodi,” Rita said somewhat reprovingly. Diana a bit apprehensively replied, “Yes I remember. I will be careful. I promise.” Well, she did not live up to her promise as we shall soon unpack General.
As for Richard Kay, Diana made known to him that, “I have decided I am going to radically change my life. I am going to complete my obligations to charities and to the anti-personnel land mines cause, but in November I want to completely withdraw from formal public life.”
Once she was done with her round of calls, Diana went down to the hair saloon by the hotel swimming pool to have her hair washed and blow-dried ahead of the scheduled evening dinner.
THE “TELL ME YES” RING IS DELIVERED
Since the main object of their Paris trip was to pick up the “Tell Me Yes” engagement ring Dodi had ordered in Monte Carlo a week earlier, Dodi decided to check on Repossi Jewellery, which was right within the Ritz prencincts, known as the Place Vendome. It could have taken less than a minute for Dodi to get to the store on foot but he decided to use a car to outsmart the paparazzi invasion. He was driven there by Trevor Rees-Jones, with Alexander Kez Wingfield and Claude Roulet following on foot, though he entered the shop alone.
The Repossi store had closed for the holiday season but Alberto Repossi, accompanied by his wife and brother-in-law, had decided to travel all the way from his home in Monaco and momentarily open it for the sake of the potentially highly lucrative Dodi transaction. Alberto, however, disappointed Dodi as the ring he had chosen was not the one he produced. The one he showed Dodi was pricier and perhaps more exquisite but Dodi was adamant that he wanted the exact one he had ordered as that was what Diana herself had picked. It was a ploy on the part of Repossi to make a real killing on the sale, his excuse to that effect being that Diana deserved a ring tha was well worthy of her social pedigree. With Dodi having expressed disaffection, Repossi rendered his apologies and assured Dodi he would make the right ring available shortly, whereupon Dodi repaired back to the hotel to await its delivery. But Dodi did insist nonetheless that the pricier ring be delivered too in case it appealed to Diana anyway.
Repossi delivered the two rings an hour later. They were collected by Roulet. On inspecting them, Dodi chose the very one he had seen in Monte Carlo, apparently at the insistence of Diana. There is a possibility that Diana, who was very much aware of her public image and was not comfortable with ostentatious displays of wealth, may have deliberately shown an interest in a less expensive engagement ring. It may have been a purely romantic as opposed to a prestigious choice for her.
The value of the ring, which was found on a wardrobe shelf in Dodi’s apartment after the crash, has been estimated to be between $20,000 and $250,000 as Repossi has always refused to be drawn into revealing how much Dodi paid for it. The sum, which enjoyed a 25 percent discount, was in truth paid for not by Dodi himself but by his father as was the usual practice.
Dodi was also shown Repossi’s sketches for a bracelet, a watch, and earrings which he proposed to create if Diana approved of them.
DIANA AND DODI GUSH OVER IMMINENT NUPTIALS
At about 7 pm, Dodi and Diana left the Ritz and headed for Dodi’s apartment at a place known as the Arc de Trompe. They went there to properly tog themselves out for the scheduled evening dinner. They spent two hours at the luxurious apartment. As usual, the ubiquitous paparazzi were patiently waiting for them there.
As they lingered in the apartment, Dodi beckoned over to his butler Rene Delorm and showed him the engagement ring. “Dodi came into my kitchen,” Delorm relates. “He looked into the hallway to check that Diana couldn’t hear and reached into his pocket and pulled out the box … He said, ‘Rene, I’m going to propose to the princess tonight. Make sure that we have champagne on ice when we come back from dinner’.” Rene described the ring as “a spectacular diamond encrusted ring, a massive emerald surrounded by a cluster of diamonds, set on a yellow and white gold band sitting in a small light-grey velvet box”.
Just before 9 pm, Dodi called the brother of his step-father, Hassan Yassen, who also was staying at the Ritz that night, and told him that he hoped to get married to Diana by the end of the year.
Later that same evening, both Dodi and Diana would talk to Mohamed Al Fayed, Dodi’s dad, and make known to him their pre-nuptial intentions. “They called me and said we’re coming back (to London) on Sunday (August 31) and on Monday (September 1) they are
Ramadan is the fasting month for Muslims, where over one billion Muslims throughout the world fast from dawn to sunset, and pray additional prayers at night. It is a time for inner reflection, devotion to Allah, and self-control. It is the ninth month in the Islamic calendar. As you read this Muslims the world over have already begun fasting as the month of Ramadan has commenced (depending on the sighting of the new moon).
‘The month of Ramadan is that in which the Qur’an was revealed as guidance for people, in it are clear signs of guidance and Criterion, therefore whoever of you who witnesses this month, it is obligatory on him to fast it. But whoever is ill or traveling let him fast the same number of other days, God desires ease for you and not hardship, and He desires that you complete the ordained period and glorify God for His guidance to you, that you may be grateful”. Holy Qur’an (2 : 185)
Fasting during Ramadan is one of the five pillars upon which the structure of Islam is built. The other four are: the declaration of one’s belief in Allah’s oneness and in the message of Muhammad (PBUH); regular attendance to prayer; payment of zakaat (obligatory charity); and the pilgrimage to Mecca.
As explained in an earlier article, fasting includes total abstinence from eating, drinking, smoking, refraining from obscenity, avoiding getting into arguments and including abstaining from marital relations, from sunrise to sunset. While fasting may appear to some as difficult Muslims see it as an opportunity to get closer to their Lord, a chance to develop spiritually and at the same time the act of fasting builds character, discipline and self-restraint.
Just as our cars require servicing at regular intervals, so do Muslims consider Ramadan as a month in which the body and spirit undergoes as it were a ‘full service’. This ‘service’ includes heightened spiritual awareness both the mental and physical aspects and also the body undergoing a process of detoxification and some of the organs get to ‘rest’ through fasting.
Because of the intensive devotional activity fasting, Ramadan has a particularly high importance, derived from its very personal nature as an act of worship but there is nothing to stop anyone from privately violating Allah’s commandment of fasting if one chooses to do so by claiming to be fasting yet eating on the sly. This means that although fasting is obligatory, its observance is purely voluntary. If a person claims to be a Muslim, he is expected to fast in Ramadan.
The reward Allah gives for proper fasting is very generous. Prophet Muhammad (PBUH) quotes Allah as saying: “All actions done by a human being are his own except fasting, which belongs to Me and I will reward it accordingly.” We are also told by the Prophet Muhammad (PBUH) that the reward for proper fasting is admittance into heaven.
Fasting earns great reward when it is done in a ‘proper’ manner. This is because every Muslim is required to make his worship perfect. For example perfection of fasting can be achieved through restraint of one’s feelings and emotions. Prophet Muhammad (PBUH) said that when fasting, a person should not allow himself to be drawn into a quarrel or a slanging match. He teaches us: “On a day of fasting, let no one of you indulge in any obscenity, or enter into a slanging match. Should someone abuse or fight him, let him respond by saying: ‘I am fasting!’”
This high standard of self-restraint fits in well with fasting, which is considered as an act of self-discipline. Islam requires us to couple patience with voluntary abstention from indulgence in our physical desires. The purpose of fasting helps man to attain a high degree of sublimity, discipline and self-restraint. In other words, this standard CAN BE achieved by every Muslim who knows the purpose of fasting and strives to fulfill it.
Fasting has another special aspect. It makes all people share in the feelings of hunger and thirst. In normal circumstances, people with decent income may go from one year’s end to another without experiencing the pangs of hunger which a poor person may feel every day of his life. Such an experience helps to draw the rich one’s conscience nearer to needs of the poor. A Muslim is encouraged to be more charitable and learns to give generously for a good cause.
Fasting also has a universal or communal aspect to it. As Muslims throughout the world share in this blessed act of worship, their sense of unity is enhanced by the fact that every Muslim individual joins willingly in the fulfillment of this divine commandment. This is a unity of action and purpose, since they all fast in order to be better human beings. As a person restrains himself from the things he desires most, in the hope that he will earn Allah’s pleasure, self-discipline and sacrifice become part of his nature.
The month of Ramadan can aptly be described as a “season of worship.” Fasting is the main aspect of worship in this month, because people are more attentive to their prayers, read the Qur’an more frequently and also strive to improve on their inner and outer character. Thus, their devotion is more complete and they feel much happier in Ramadan because they feel themselves to be closer to their Creator.