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Judge refuses to imprison Matenge

Stanbic Bank Botswana’s advances to have Resego Matenge imprisoned for failure to settle amount owed to the bank hit a snag this week when Justice G.G. Ketlogetswe declared, “…in the result, the order I make is that civil imprisonment of the second defendant be and is hereby refused with no order as to costs.”

Stanbic had wanted civil imprisonment of Resego Matenge, in his capacity as the execution debtor alongside the first defendant, Leshman’s Phone Shop (Pty) Ltd for the defendants’ indebtedness to the execution creditor, Stanbic Bank of Botswana Limited, the plaintiff in casu.

Stanbic Bank’s application is founded on the deputy sheriff’s return of nulla bona, following execution of a judgement granted in their favour against the Matenge on the 29th June, 2017 in the sum of P2,700,807.00. The judgement amount was payable with interest at the rate of 10 percent per annum calculated daily and compounded monthly from 21st May, 2016 to date of final payment as well as costs of suit on attorney and client scale.

Matenge’s property, Lot 32364, Gaborone was declared specially executable. “It is common cause between the parties that this property was in course of time sold in execution to satisfy the defendants’ indebtedness to the plaintiff. The sale in execution however, raised only P2,000,000.00 thus leaving the judgement debts as well as interest and cost unsatisfied.

In terms of the plaintiff’s application for the second defendant’s civil imprisonment, the outstanding amount on the judgement is said to be P1,413,304.40. This, it would appear excludes costs and continues to attract interest on daily basis,” reads Justice Ketlogetswe’s judgement.

Matenge’s lawyers opposed the grant of a decree of civil imprisonment on the grounds that he is impecunious. He offered to pay P250 per month towards liquidation of his indebtedness to Stanbic, a proposal which the bank has rejected on the basis that it will take a long, long time for Matenge to fully pay the debt.

Matenge in his affidavit avers that neither himself nor the first defendant have sources of income. Matenge said he survives of piece jobs. “It is further the second defendant’s averment that he has had judgements granted against himself where civil imprisonment orders have been obtained, and that in one of those cases the court ordered that he pays P1000.00 per moth failing which he will be civilly imprisoned. This is common cause between the parties,” reads the judgement.

Justice Ketlogetswe relied on Section 23 of the High Court Act (Cap. 04:02) provides as follows:

No writ of civil imprisonment for non-payment or non-satisfaction of any judgment or decree shall be granted or issued by the Court in cases in which the defendant or any other party against whom such writ of civil imprisonment is sought to be issued proves to the satisfaction of the Court that he or the other party against whom such writ is sought has no property or means sufficient to satisfy in whole or in part the said judgment or decree.

“In the present case the second defendant has sworn to an affidavit wherein he stated his impecuniosity as arising from lack of income or other property which can be levied upon to satisfy the judgement debt.”

Stanbic Bank on the other hand disputed, also on oath, that Matenge is so impecunious as not to be able to liquidate the judgement debt. The bank premised its argument on the fact that Matenge is paying another judgement debt by a way of P1000.00 monthly instalments and that he has been able, in casu, to secure the services of a lawyer.

“I do not think that those two factors, and on the facts in this case, the second defendant can be said to be having means or ability to satisfy the judgement debt but that he is simply refusing to do so,” said the judge.

Justice Ketlogetswe concluded that the Matenge has succeeded in discharging the burden of establishing, on a balance of probabilities, that his impecuniosity is such that no order or decree of civil imprisonment should issue against him – the judge so ordered.

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BODANSA strikes gold with a handsome P45K windfall from Turnstar Holdings

27th February 2024

The Botswana DanceSport Association (BODANSA) has been graced with a financial boon of P45,000 courtesy of Turnstar Holdings. This generous endowment is earmarked for the illustrious Botswana International Dance Sport Grand Prix Championships, which are scheduled to animate Gaborone from Friday to Saturday.

At a media engagement held early today, BODANSA’s Marketing Maestro, Tiro Ntwayagae, shared that Turnstar Holdings Limited has bestowed a gift of P45,000 towards the grand spectacle.

“We are thrilled to announce that this backing will enable us to orchestrate a cultural soirĂ©e at the Game City Marque locale, a night brimming with cultural fervor set for March 1, 2024, from 6pm to the stroke of midnight.

This enchanting space will also serve as the battleground for the preliminaries of traditional dance ensembles—spanning the rhythmically rich Setapa to the euphoric beats of Sebirwa, the spirited Seperu, the heavenly Hosana, and more—in a competition folded into the Traditional Dance Groups Category. The ensemble that dances into the judges’ hearts will clinch a grand prize of P10,000,” elaborated Ntwayagae.

He further illuminated that the cultural eve would not only celebrate traditional melodies but also the fresh beats of contemporary dance variants including Hip Hop, Sbujwa, Amapiano, among others, in a dazzling display of modern dance mastery.

Moreover, these championships carry the prestigious recognition by the World DanceSport Federation as a qualifying round for the Breakdance category for the Paris 2024 Olympics. “This is a monumental opportunity for athletes to leap towards their Olympic dreams during one of the penultimate qualifiers,” underscored Ntwayagae.

Looking ahead to March 2, 2024, the festivities will propel into the University of Botswana Indoor Sports Arena for the championship’s climactic showdowns encompassing Breakdance, Latin, and Ballroom Dancing.

 

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Government of Botswana yet to sign, ratify the UN-CRPD

26th February 2024

In Botswana, a beacon of democracy in Africa, the right to participate in the political discourse is a cornerstone of its societal structure. It’s an avenue through which citizens shape the rules and systems that govern their everyday lives. Despite this, recent studies indicate that Individuals with Disabilities (IWDs) are notably absent from political dialogues and face substantial hurdles in exercising their democratic freedoms.

Research within the nation has uncovered that IWDs encounter difficulties in engaging fully with the political process, with a pronounced gap in activities beyond mere voting. The call for environments that are both accessible and welcoming to IWDs is loud, with one participant, who has a physical disability, spotlighting the absence of ramps at voting venues and the dire need for enhanced support to facilitate equitable involvement in the electoral process.

The challenges highlighted by the study participants pinpoint the structural and social obstacles that deter IWDs from participating wholly in democracy. The inaccessibility of voting facilities and the lack of special accommodations for people with disabilities are critical barriers. Those with more significant or intellectual disabilities face even steeper challenges, often feeling marginalized and detached from political engagement.

To surmount these obstacles, there is an urgent appeal for Botswana to stride towards more inclusive and accessible political stages for IWDs. This necessitates a committed effort from both the government and relevant entities to enforce laws and policies that protect the rights of IWDs to partake in the political framework. Enhancing awareness and understanding of the political landscape among IWDs, alongside integrating inclusive practices within political entities and governmental bodies, is crucial.

By dismantling these barriers and nurturing an inclusive political environment, Botswana can live up to its democratic ideals, ensuring every citizen, regardless of ability, can have a substantive stake in the country’s political future.

 

 

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People with Disabilities Face Barriers to Political Participation in Botswana

23rd February 2024

Individuals challenged by disabilities encounter formidable obstacles when endeavoring to partake in political processes within the context of Botswana. Political involvement, a cornerstone of democratic governance, empowers citizens to shape the legislative landscape that impacts their daily existence. Despite Botswana’s reputation for upholding democratic ideals, recent insights unveil a troubling reality – those with disabilities find themselves marginalized in the realm of politics, contending with substantial barriers obstructing the exercise of their democratic liberties.

A recent inquiry in Botswana unveiled a panorama where individuals with disabilities confront hurdles in navigating the political arena, their involvement often restricted to the basic act of voting. Voices emerged from the study, underscoring the critical necessity of fostering environments that are accessible and welcoming, affording individuals with disabilities the active engagement they rightfully deserve in political processes. Noteworthy was the account of a participant grappling with physical impairments, shedding light on the glaring absence of ramps at polling stations and the urgent call for enhanced support mechanisms to ensure an equitable electoral participation.

The echoes reverberating from these narratives serve as poignant reminders of the entrenched obstacles impeding the full integration of individuals with disabilities into the democratic tapestry. The inaccessibility of polling stations and the glaring absence of provisions tailored to the needs of persons with disabilities loom large as formidable barricades to their political engagement. Particularly pronounced is the plight of those grappling with severe impairments and intellectual challenges, who face even steeper hurdles in seizing political participation opportunities, often grappling with feelings of isolation and exclusion from the political discourse.

Calls for decisive action cascade forth, urging the establishment of more inclusive and accessible political ecosystems that embrace individuals with disabilities in Botswana. Government bodies and concerned stakeholders are urged to prioritize the enactment of laws and policies designed to safeguard the political rights of individuals with disabilities. Furthermore, initiatives geared towards enhancing awareness and education on political processes and rights for this segment of society must be spearheaded, alongside the adoption of inclusive measures within political institutions and party structures.

By dismantling these barriers and nurturing a political landscape that is truly inclusive, Botswana can earnestly uphold its democratic ethos and afford every citizen, including those with disabilities, a substantive opportunity to partake in the political fabric of the nation.

 

 

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