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Khama, Magosi battle over ‘confidential information’

Director General of the Directorate of Intelligence and Security (DIS), Brigadier Peter Magosi, has last week through the Attorney General filed a notice of application to strike out certain portions in former President Lt Gen Ian Khama affidavit due to matters of national security.

In a matter before Judge Komboni J at Gaborone High Court regarding former President Lt Gen Seretse Khama Ian Khama’s retirement benefits, the Attorney General contended that the former president is not at liberty to disclose confidential information relating to numbers, models and makes and therefore the military or other capabilities of national security air assets.
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“Such information is privileged and inadmissible. Further the use of court process as a vehicle for such disclosure is an abuse of court process,” the government chief lawyer contended.
The case before courts relate to government’s continued refusal to grant the former president permission to use state owned aircrafts, as stipulated as part of his privileges in his retirement benefits.

In his supplementary affidavit Khama through his lawyers, Ramalepa Attorneys said in respect of the requests for air transport dated 9, 17, and 18 April 2019, no reasons were given as to why President Mokgweetsi Masisi declined the said requests. He said it must follow that there is no sound reason that informed the decision to decline the requests.

Khama said in respect of 17 June 2019, both requests were refused on the basis that the available aircrafts were engaged on the national priority areas. “I deny this for the reasons that follow: The government has no less than 20 aircrafts that could be utilised for my requests and they are as follows; Aircraft operated by Botswana Defence Force x6; Helicopters operated by Botswana Defence Force (including a Supa Puma no longer used by the second respondent (the President) x6; Aircraft operated by Ministry of Environment, Natural Resources, Conservation and Tourism x2; Helicopters operated by Ministry of Environment, Natural Resources, Conservation and Tourism x3; and Aircraft operated by Directorate of Intelligence and Security x2,” he said.

“It is inconceivable that all the above aircrafts and helicopters were engaged on “national priority areas.” Furthermore, Khama said by reason that there is a law entitling him to use Government owned air transport, it is inconceivable that on all occasions air transport is not available.

“I will therefore seek discovery of documents showing that all the aircrafts were engaged on the dates I requested their use,” he said. Khama said in the premises, the refusal to allow him access to Government owned aircraft and helicopters on all occasions in question in this matter were illegal, irrational and/ or unreasonable.

The Attorney General said information in the affidavit deposed by Khama on the 8th July 2020 purports to have personal knowledge of that date is confidential and he has not disclosed how he gained personal knowledge of such information.

“He is not privy to confidential information and has no way of personally knowing the numbers, the serviceability nor availability of such aircraft as of that date or any date material to these proceedings. He has not disclosed the source of such information. At the best the allegations herein are mere conjecture and inadmissible,” the Attorney General said.

In a matter relating to withdrawal of his personal security, Khama said in addition to what has been set out in his Amended Founding Affidavit, he aver that the instruction of the DIS to his personal security detail not to provide personal security to him constituted an illegal attempt to withdraw the right conferred upon him by section 9 (1) (a) of the Intelligence and Security Service Act.

He further said the decision to issue the said instruction was therefore clearly an action beyond the powers of any officer of then DIS who purported to issue such instruction.
“My attorneys advise me that the right to personal security (through personal security officers) is not enjoyed at the discretion of the officers of the Directorate of Intelligence and Security, not even the Director General,” he said.

Khama said the subsequent decision to institute disciplinary action against his then personal protection officers for refusing to comply with an illegal breach of his statutory rights and therefore declining an illegal instruction means that the government operatives believe in the proprietary of their conduct.

“This has caused me to harbour a reasonable apprehension that this conduct may be repeated,” he noted. The Attorney General also points out that it relates to confidential information within the Directorate and are therefore protected by privilege. “The disclosure of such information furthermore has been certified by the Director General of the Intelligence and Security Services as contrary to public interest and privileged.’’

In his supporting affidavit paragraph 7, Magosi writes that: “My attention is also drawn to the contents of paragraph 32, 33 and 34 for the same reason that the deponent has no personal knowledge of the alleged instruction, does not state who issued the instruction, whether such as oral or in writing, who it is that informed him and has not filed a confirmatory affidavit from such personal or persons. The allegations also purport to make disclosures of confidential information and operations within the directorate which are strictly confidential”.

Khama argues that, to the extent that, in the Notice to Strike Out, the word “Privilege” precedes the objection which otherwise would appear to be anchored on confidentiality. He says he is embarrassed in pleading to this objection because it is not clear whether the contests sought to be struck out because they constitute privileged information or because they are in the nature of confidential information which should not be disclosed in legal proceedings.

The ambiguity in the objection arises from the fact that in law, Khama argued, privilege and confidentiality are two distinct and separate legal concepts. Khama further argues that while privilege is a concept known to the law of evidence (admissibility), there is no rule of evidence against pleading facts or adducing/ admitting evidence merely because it is in the nature of confidential information, unless the information in question, in addition to being confidential, is also protected by some type of legally recognised privilege (such as legal professional/ advice privilege, litigation privilege, marital privilege or government deliberate process privilege).

Khama said information cannot be both confidential and imaginary at the same time- this is a classic case of ambiguous pleading. “In the premises, the further and better particulars sought in respect of paragraph 1.2 of the Notice of Application to Strike Out are these: it is the government’s contention that the impugned information is objectionable because it is confidential? Or is it the government’s contention that the impugned information is objectionable because it is tantamount to “mere conjecture” or is it the government’s contention that the impugned information is objectionable because it constitutes hearsay?

“On what ground is it alleged that the information complained of constituents hearsay when it is admitted that the deponent did not allege a third party source, and when the affidavit complained of states that the facts deposed to are within the deponent’s personal knowledge.’’

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BOMU, DBS roadshow partners in crime

18th March 2024

The Department of Broadcasting Services (DBS) roadshow has found and trusted the Botswana Musicians Union (BOMU) as a companion it could trust in empowering and facilitating the creative sector, in particular, performing artists and musicians.

BOMU exits to ensure that musicians in Botswana are supported by all platforms and services that are aligned to what they do, which at most times is the production of music.

In 2023, the Union put together grand music awards prized at a whooping P3 million. Indeed, the man working behind the awards, Seabelo Modibe of Total Music Group understood the assignment. For the very first time, BOMU awards left an impressive mark, leaving people murmuring.

With that said and done, BOMU became a very important stakeholder in the on-going DBS roadshow. The relationship started in 2022 when the project was initiated. In this massive project, BOMU plays a role of mobilizing and registering new artists.

In the previous years, the Union has been clouded by dispute and back-and-forth. It was accused of being bungling, purposeless and served no interests of its members (artists). Following the effective execution of the eleventh music awards, artists progressively joined BOMU and the DBS roadshow added cherry on top.

Some of the artists who made it to the Top 30 of the DBS roadshows much-admired the platform, saying it played a major part in changing their lives. Some of them started getting booked, changed their mindsets and consider music as a business entity.

These are some of the few nuggets of wisdom they raked from the man behind the roadshow, Thato Sikwane. He is known as DJ Fresh in the music sector and his company, Big Dawg Productions is the brainchild behind the DBS roadshow.

Matter of fact, DJ Fresh and Modibe worked on this concept together with an aim of unearthing new talent in as much as music is concerned. In order to achieve this goal, the duo had to engage BOMU to allow for the artists to have a body that governs them.

When speaking in an interview with WeekendLife, BOMU Secretary General Rasina Rasina said the roadshow is actually a blessing in disguise, as it was initially considered a tall show.

“This is a much-needed platform for a sector that has been deteriorating over the years. We believe it is here to resurrect the music industry. The DBS roadshow cultivate talent from scratch and nurtures it. This will help us as a Union to have a solid foundation and as BOMU, as we are highly appreciative.”

Rasina said BOMU is very much aware of Season One challenges, adding that they too experienced them. “As BOMU, we therefore appreciate that it was the beginning. Naturally, beginnings have challenges but we are optimistic that everything will be in order as together as a team, we can work to solve all pressing matters that delay the progress of artists in Botswana.”

Successful artists during the DBS roadshow will reap from what they sow. BOMU has been allocated a budget to help artists access the roadshow. Rasina has however refused to divulge the total amount but specified that they ensure artist participation and mobilization, as well as feeding.

“We have learnt from past challenges. We do not pay artists but we assist them with transportation funds to mobilize them to attend the roadshow and showcase. What we offer them is not payment. We ensure their participation, transport mobilization and feeding. They compete, showcase and get the platform they need. We partner with them to deliver a product. Essentially, there is a car, a record deal, airtime deal and cohesion.”

Thus far and during the Season 2 roadshow, BOMU has registered an average of five hundred (500) members. In the process, it has managed to rebuild an average of ten BOMU District chapters nationwide.

Rasina commended the government for coming up with a project that caters for the welfare of artists and creative minds in Botswana.

“Our expectations from the next season is that it will be bigger and better. We appreciate the contribution of DBS and the recent focus towards the creative industry by government. Importantly, it is important to note that the creative industry should never be treated from a blanket approach view. Every region, district, village or town has its own talent. The heritage of Botswana is defined by the creative industry talent.”

 

 

 

 

 

 

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Report links child poverty to disability

12th March 2024

Child poverty is a pressing issue that affects millions of children around the world, and the link between child poverty and disability is a particularly concerning aspect of this problem. The recent research paper published by the Botswana Institute for Development Policy Analysis (BIDPA) sheds light on the stark reality that children with disabilities are more likely to be living in poverty compared to their non-disabled peers.

The findings of the research paper reveal that children with disabilities face higher levels of deprivation in basic capabilities such as education and health. This means that they are often excluded from essential services and opportunities that are necessary for their well-being and development. The wider gap in education outcomes between children with disabilities and their non-disabled peers highlights the systemic barriers that prevent children with disabilities from accessing quality education.

Moreover, the higher rates of deprivation in health and food security among children with disabilities further exacerbate their vulnerability to illness and malnutrition. This not only impacts their physical well-being but also hinders their overall development and potential. The research paper also highlights the economic disparities faced by children with disabilities, indicating that they are more likely to experience poverty across demographic and economic variables.

The implications of these findings are profound and call for urgent action to address the inequalities faced by children with disabilities. Affirmative action is needed to ensure that policies and interventions are specifically targeted towards addressing the unique needs of children with disabilities. It is crucial to prioritize the inclusion and empowerment of children with disabilities in all aspects of society to ensure that they have equal opportunities to thrive and succeed.

In conclusion, the link between child poverty and disability is a critical issue that requires immediate attention and action. It is essential for policymakers, stakeholders, and communities to come together to create a more inclusive and equitable society where all children, regardless of their abilities, have the opportunity to reach their full potential. By addressing the root causes of poverty and discrimination faced by children with disabilities, we can work towards building a more just and compassionate world for all.

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Botswana’s internet rated the second fastest in Africa

8th March 2024

Botswana continues to make significant strides in its digital trasnformation aspirations, as it secures its position among the top-ranking African countries for mobile internet speed. Based on statistics from the Speedtest Global Index, Botswana has been rated the second fastest mobile internet speed in the continent, with an impressive 43.79Mbps, according to a recent study by Business Insider Africa.

This accomplishment demonstrates Botswana’s dedication to improving the quality of broadband internet in the country; and re-affirms its position as a leader in Africa’s telecommunications and ICT services. “The acknowledgment of Botswana’s internet as the 2nd fastest in Africa reflects our commitment to cultivating a digitally inclusive society,” remarked Mr. Keabetswe Segole, Acting CEO of Botswana Fibre Networks (BoFiNet). “This achievement highlights our ongoing endeavors to enable all citizens to participate in the digital economy.” BoFiNet, the leading provider of telecommunications infrastructure in Botswana, has been instrumental in shaping the nation’s digital landscape.

Reflecting on BoFiNet’s contribution to Botswana’s digital connectivity, the Acting CEO stated:”BoFiNet takes pride in its role in securing Botswana’s position as the 2nd fastest country in Africa for mobile internet. Our robust fibre optic and microwave network has been pivotal in delivering high-speed connectivity to both urban and rural areas, ensuring access to reliable internet services for all citizens. We remain committed to fostering innovation and digital inclusion, thereby paving the way for a prosperous digital future in Botswana.” Through the recently launched SmartBots Village Connectivity project, 1,138 premises across 144 villages in different Botswana districts are able to connect to this fast internet.

Botswana’s population is utilising connectivity creatively as a result of a boom in mobile penetration, which is advancing the nation’s digitalisation. Rapid advancements in mobile high-speed internet are causing a digital revolution in Africa, bringing about changes in areas including the economy, education, healthcare, and empowerment.

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