The legal tussles between former Director General of the Directorate on Intelligence and Security, Isaac Kgosi and the State continue to occupy the courts. The latest bout played out this week with the former spy chief motivating the court to quash charges levelled against him in a matter alleging illegally exposing identities of intelligence officers.
Kgosi argues that the State’s evidence is frivolous and the case against him is laced with malice. In this matter Kgosi is facing two counts – revealing the identities of DIS agents; and obstructing intelligence officers in the execution of their duties. Kgosi is represented by defence lawyers Unoda Mack and Thabiso Tafila.
When delivering their heads of arguments in court this week, Mack revealed that the only reason that the State was holding onto this case was to embarrass and make his client suffer. Kgosi’s lawyer pointed out that, if the State cannot provide them with further particulars in the matter he does not see any reason why the matter should proceed for trial.
According to Mack, the State has only managed to provide evidence linked to the first agent Kgosi is accused to have revealed and not the second one. His contention was that the only tangible evidence the State has is pictures published in a local newspaper, Mmegi; “the pictures are completely blurred, who are these people?”
“The photographs are not available, they do not have any evidence that indicates that my client was involved in taking this pictures. Not even to link him to the device that was used to obtain these photographs,” Mack questioned referring to the newspaper article he held high for the court to see.
Adding on to this, the court was made privy to the fact that the second alleged agent was not an agent with the DIS but rather a police officer. According to the State through, Thato Dibeela representing the DPP, according to the DIS Act the D.G is responsible for assigning any member of the intelligence community in his capacity as the Director General. “The second agent, a police officer was authorised to perform duties under the direction of the D.G. A member of the Botswana Police Service is a member of the intelligence community,” Dibeela elucidated.
The defence attorneys then argued that their main concern was that the agent in question was not attested at the DIS nor did he take any oath. Admitting to this, the prosecutor then concluded that if the court finds that the said second agent in question was not an agent of the DIS they may purge him from the charge sheet.
However, in her defence Dibeela said that if need be the prosecution will call the Director General, Peter Fana Magosi to the witness stand to explain to court why he felt the need to assign the two agents and to further confirm whether or not the accused did meet with Kegone Sebina and why this information was important to him.
According to the prosecution, the two agents were assigned to trace Kgosi’s movements on that day to confirm if indeed he had a meeting with one Kegone Sebina. The State argues that they want the matter committed to the High Court for trial on the basis that more evidence will be revealed during trial indicating that a lot will make sense then.
The case was stood down to the 21st January 2020, when the Magistrate will deliver a judgement on whether the charges against Kgosi should be quashed or not. Meanwhile another matter before courts Kgosi also wants the State to drop charges against him as there is no evidence linking him to the alleged crimes.
The former DIS director general is also charged in the P250 million National Petroleum Fund (NPF) where he is accused to have requested to build fuel storage facilities, but later changed the intended purpose of the money.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.