Publish names of Coronavirus patients – lawyer
A Gaborone based independent attorney, Tshiamo Rantao of Rantao Attorneys has implored government to publish the names of individuals infected by the deadly Coronavirus pandemic.
[ihc-hide-content ihc_mb_type=”show” ihc_mb_who=”1,2,3″ ihc_mb_template=”1″ ]Rantao was speaking on behalf of Law Society, Convenor of the Human Rights and Law Reform committee in which he was briefing the nation on the impact of COVID-19 on contracts. He stated that, under normal circumstances, “this may well be one of the few cases, where the state is entitled to publish names of those infected by coronavirus.”
“Although it is difficult to determine whether that will be lawful here and now. But I think this is one of the extreme cases which may well be the exception to confidentiality – in order to protect the entire public,” he highlighted. For those who do not want to consent for that, Rantao said in his view the state should reveal information that is closer to defining their situation.
In human rights, there is a protection to one’s privacy, the well-established attorney said adding that there is also the issue of public interest in the equation which is also very important. In most cases, there is tension or dispute between the two rights, lawyer pointed out saying it is difficult to do the balancing exercise on the two.
“Should the state reveal to the public those infected with a disease like the corona virus because they have rights to privacy and on the other hand the public feels they will be on danger to them is that’s not made public as the disease is even transmittable through standing next to one infected,” he lashed out.
He continued: “so my view is, it’s a difficult balancing exercise. My opinion is this, I think the state should not necessarily divulge information about an individual, unless with that individual’s consent. Individual may consent to their particulars given to the public because they may be individuals who think by doing so they may not be protecting only themselves but also protect the public.”
Before making his position clear he said it was difficult to give a straight answer on what should actually transpire given the circumstances. “I can imagine the Director of Health Services revealing the names of the COVID 19 patients in public it may be a problem. But at least there should be some form of publication to some extent although we still have to respect individual confidentiality rights who wouldn’t want their privacy to be violated,” Rantao highlighted.
MPs should take the blame for human rights abuses under Lockdown
According to Rantao, the state of emergency was brought to parliament and it was duly debated and parliament then voted for it adding that it is now the law. “It means that our representatives would have applied in their wisdom, decided that it is proper to have a state of emergency. Granted, the state of emergency is permitted by the constitution, and so are the regulations under Emergency Powers Act,” the lawyer highlighted.
So, accordingly, on the possibility of human rights abuses he said one then has to consider whether the limitations imposed in the regulations, one by one because they are several, whether they are reasonable. “So it depends in so far as a specific limitation is concerned,” he said.
For instance he gave an example that the limitation on movement is reasonable in so far as part of the limitation is a reasonable limitation in order to fight the pandemic. But he added that there may well be other limitations in the regulations which may well be not that reasonable. “It really depends on which particular limitation,” he stressed.
Rantao emphasised that there are fundamental rights provisions, from section 3 to section 18 of the constitution, which include the right to movement, right not to be discriminated against, right not to be subjected to human and degrading treatment, the right to freedom of speech, the right to unionise, and so forth.
“Almost all of these rights that are contained in the Bill of rights of the constitution of Botswana, can be limited. Only one is not really limited which is the right not to be subject to inhuman and degrading treatment. So all rights, before we even think of the current State of Emergency, can be limited by the state,” he pointed out.
The attorney asserted that the question would be whether or not a limitation by the state is reasonably justifiable in a democratic society adding that, in fact almost of the rights or the freedoms in the constitution can be limited for purposes of Public health, and that’s very important – before the State of Emergency came into being. The state could under proper circumstances still limit your rights, he stressed.
Lawyer anticipates legal disputes post COVID 19/ lockdown era
In the circumstances we find ourselves in, Rantao said he suspects that Botswana is going to see unprecedented legal disputes at court particularly with regard to labour tussles where others owe each other.[/ihc-hide-content]
News
Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
News
Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
News
Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.