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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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Khan: Boko, Masisi are fake politicians

18th January 2021
Masisi & Boko

While there is no hard-and-fast rule in politics, former Molepolole North Member of Parliament, Mohamed Khan says populism acts in the body politic have forced him to quit active partisan politics. He brands this ancient ascription of politics as fake and says it lowers the moral compass of the society.

Khan who finally tasted political victory in the 2014 elections after numerous failed attempts, has decided to leave the ‘dirty game’, and on his way out he characteristically lashed at the current political leaders; including his own party president, Advocate Duma Boko. “I arrived at this decision because I have noticed that there are no genuine politics and politicians. The current leaders, Boko and President Dr Mokgweetsi Masisi are fake politicians who are just practicing populist politics to feed their egos,” he said.

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Ookeditse rejects lobby for BPF top post

18th January 2021

Former Botswana Democratic Party (BDP) parliamentary hopeful, Lawrence Ookeditse has rejected the idea of taking up a crucial role in the Botswana Patriotic Front (BPF) Central Committee following his arrival in the party this week. According to sources close to development, BPF power brokers are coaxing Ookeditse to take up the secretary general position, left vacant by death of Roseline Panzirah-Matshome in November 2020.

Ookeditse’s arrival at BPF is projected to cause conflicts, as some believe they are being overlooked, in favour of a new arrival. The former ruling party strategist has however ruled out the possibility of serving in the party central committee as secretary general, and committed that he will turn down the overture if availed to him by party leadership.

Ookeditse, nevertheless, has indicated that if offered another opportunity to serve in a different capacity, he will gladly accept. “I still need to learn the party, how it functions and all its structures; I must be guided, but given any responsibility I will serve the party as long as it is not the SG position.”

“I joined the BPF with a clear conscious, to further advance my voice and the interests of the constituents of Nata/Gweta which I believe the BDP is no longer capable to execute.” Ookeditse speaks of abject poverty in his constituency and prevalent unemployment among the youth, issues he hopes his new home will prioritise.

He dismissed further allegations that he resigned from the BDP because he was not rewarded for his efforts towards the 2019 general elections. After losing in the BDP primaries in 2018, Ookeditse said, he was offered a job in government but declined to take the post due to his political ambitions. Ookeditse stated that he rejected the offer because, working for government clashed with his political journey.

He insists there are many activists who are more deserving than him; he could have chosen to take up the opportunity that was before him but his conscious for the entire populace’s wellbeing held him back. Ookeditse said there many people in the party who also contributed towards party success, asserting that he only left the BDP because he was concerned about the greater good of the majority not individualism purposes.

According to observers, Ookeditse has been enticed by the prospects of contesting Nata/Gweta constituency in the 2024 general election, following the party’s impressive performance in the last general elections. Nata/Gweta which is a traditional BDP stronghold saw its numbers shrinking to a margin of 1568. BDP represented by Polson Majaga garnered 4754, while BPF which had fielded Joe Linga received 3186 with UDC coming a distant with 1442 votes.

There are reports that Linga will pave way for Ookeditse to contest the constituency in 2024 and the latter is upbeat about the prospects of being elected to parliament. Despite Ookeditse dismissing reports that he is eying the secretary general position, insiders argue that the position will be availed to him nevertheless.

Alternative favourite for the position is Vuyo Notha who is the party Deputy Secretary General. Notha has since assumed duties of the secretariat office on the interim basis. BPF politburo is expected to meet on 25th of January 2020, where the vacancy will be filled.

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BDP cancels MPs retreat

18th January 2021
President Masisi

Botswana Democratic Party (BDP) big wigs have decided to cancel a retreat with the party legislators this weekend owing to increasing numbers of Covid-19 cases. The meeting was billed for this weekend at a place that was to be confirmed, however a communique from the party this past Tuesday reversed the highly anticipated meeting.

“We received a communication this week that the meeting will not go as planned because of rapid spread of Covid-19,” one member of the party Central Committee confirmed to this publication.
The gathering was to follow the first of its kind held late last year at party Treasurer Satar Dada’s place.

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