Pro-capital punishment sentiments popular in Botswana
Despite repeated calls from international organisations such as United Nations (UN) and European Union (EU), Botswana has this week passed capital punishment on two offenders amid positive sentiments from the citizenry.
The death penalty was passed on Wedu Mosalagae and Kutlo Setima earlier week at Gaborone Central prison.
The duo lost their appeal at the High Court of Appeal on the 5th August 2020. Mosalagae was committed to death by Francistown High Court on the 8th August 2019, for the murder of Barobi Rampape on the 24th November 2012 at Nkoshe Ward in Letlhakane while Setima was committed to death by the High Court of Botswana at Lobatse 24th May 2019 for the murder of Tsone Kosi of Kgaphamadi ward in Ghanzi.
Botswana’s constitution provides for the death penalty under section 4(1) which states that, “No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offence under the law in force in Botswana of which he has been convicted.” In the same breath, section 202 of the Botswana Penal Code, which enforces the death penalty, states that, “any person who of malice aforethought causes the death of another person by an unlawful copyright Government of Botswana act or omission is guilty of murder.”
The Penal Code specifies that a person who is sentenced to death will be hanged by the neck until dead. Still in the Penal Code, section 203 states that “subject to the provisions of subsection (2), any person convicted of murder shall be sentenced to death.
It continues that where a court in convicting a person of murder is of the opinion that there are extenuating circumstances, the court may impose any sentence other than death. (3) In deciding whether or not there are any extenuating circumstances the court shall take into consideration the standards of behaviour of an ordinary person of the class of the community to which the convicted person belongs.”
Earlier this week after the execution of Mosalagae and Setima, UN in Botswana urged the government of Botswana to stop the use of capital punishment and impose an immediate moratorium on executions with a view to its abolition.
According to a statement from UN, last year 123 states voted in favour of the General Assembly resolution calling for a moratorium on the use of the death penalty.
As a state party to the International Covenant on Civil and Political Rights, the Human Rights Committee recommended that Botswana should move towards the abolition of the death penalty in accordance with article 6 of the Covenant.
During Botswana’s Universal Periodic Review (UPR) in 2018, recommendations were made urging Botswana to abolish the death penalty including taking active steps to ensure that public consultations on the abolition of the death penalty are held.
“The best deterrents for serious crimes lie in ensuring respect for the rule of law and due process; ensuring that there is no impunity, irrespective of who commits a crime and that those suspected of such crimes are promptly and properly investigated and prosecuted; and ensuring that the authorities engage closely with the communities affected by the crime,” reads a statement from UN
Meanwhile three Court of Appeal Judges; Justice Dambe, Justice Walia and Justice Makhwade have dismissed an appeal for Phemelo Botogeleng after he was sentenced to capital punishment by Francistown High Court after he was convicted on two counts of murder.
Botogeleng, on the 5th May 2011, murdered his girlfriend (Annah Simon) and (Atang Simon) his child. When delivering the ruling the three judges agreed that at the time of her demise, Atang was an innocent child of 2 years who had done no wrong. Atang was killed in the cruellest manner possible by her father, slashing the baby’s stomach exposing her intestines. These factors were rightly considered as aggravation.
The fact that Botogeleng killed Atang Simon immediately after killing Annah Simon cannot be perceived as conduct that lacks pre-mediation affecting the moral blameworthiness of Botogeleng.
This week WeekendPost, conducted interviews with random members of the society to hear their view on capital punishment, with overwhelming majority speaking in favour.
One man who asked to remain anonymous opined that; “if someone killed another person with deliberate intentions such person deserves to be hanged but if it wasn’t deliberate the state should be remorseful on that particular person as sometimes mistakes are bound to happen.”
“I strongly support capital punishment, because it is inhumane to kill another human being. If you murder that person, you tend to destroy so many circumstances. You will find out that the person who you have murdered might be a breadwinner for his/her family hence that leaves his or her family in poverty,” he shared with this publication.
A woman further said she strongly supports capital punishment, going further to explain that murderers tend to take the matter lightly knowing that in two weeks’ time they will be released on bail.
“No one has the right to kill another person regardless of the circumstances, if you have some issues with someone seek professional help.”
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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.”
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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.
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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.