Balete, Gov’t land war finally over
The Government of Botswana and the Balete tribe’s fight over Kgale Farm has finally ended. A question on who owns the land was mediated and adjudicated by a panel of three judges: Judge Michael Mothobi, Judge Mokwadi Chris Gabanagae, and Judge Gabriel Gadzani Komboni.
The government has been pushing for the cancellation of the title deed covering a portion of Farm Forest Hill 9-KO owned and managed by the tribe, while the latter insists it is the rightful owner.
According to court documents, the dubious land in question dates back to 1925 when Balete bought a farm known as Forest Hill 9-KO for investment purposes. The tribe contributed to raising the 3,000 Sterling Pounds required to purchase the land from Aaron Siew. To this day as Balete claim the title deed is in the name of Kgosikgolo for and on behalf of the tribe. At the helm of the case against the government was Balete Paramount Chief Kgosi Mosadi Seboko.
Malete Land Board, acting on behalf of government, slapped Kgosi Mosadi Seboko and the Gamalete Development Trust with a lawsuit for the title deed of the land in question. The land board claims that upon acquiring the land, it will be turned into a commercial site. On the other hand, Balete could not allow this to happen without reimbursement, arguing that Balete already do not have enough land for residential purposes.
The Land Board’s case is that the acquisition of the contested farm was not unconstitutional because it was done with the consent of the tribe by own admission in a previous court case relating to the same issue.
According to the government, which has been trying to cease the tribe’s ownership of the farm through the Malete Land Board by cancelling its title deed, it admitted that subsequent to the introduction of the land boards, the tribe was the one that requested the State to manage its various farms.
“The land was incorporated into the Bamalete Tribal Territory at the request of the tribe and under an amendment of the Tribal Territory Act of 1973,” read part of the documents.
The government has explained that the incorporation of the property as part of the Bamalete Tribal Territory was effected with the consent and agreement of the tribe.
“Indeed it was initiated by the board which was chaired at the time by the Kgosi of the tribe”, read the documents.
Moreover, the tribe said the Board itself has historically treated the land as the tribe’s freehold property noting that even in their previous court case with the State, the Board admitted in its documents.
Senior counsel Nigel Redman represented the government while Oteng Motlhala who instructed advocates senior counsel Geoff Budlender and Mitchell De Beer represented the Balete tribe.
Meanwhile, land owners in Kgatleng petitioned President Mokgweetsi Masisi over grumbles with the Kgatleng Land Board. Disgruntled land owners also reported the Ministry of Land Management, Water and Sanitation Services and Kgatleng Land Board to the Police for violating the Town and Country Planning Act.
Land owners petitioned President Masisi on account that: he issued a Presidential Directive in May 2019, which was then confirmed by Ministry Permanent Secretary, Bonolo Khumotaka, in October 2019, who then issued guidelines to achieve the same. Further, in September 2020, Kgatleng Land Board issued a Moratorium on the receiving and consideration of change of use applications in Oodi Subordinate Land Board Area of jurisdiction.
They said in their petition that in September 2020, a notice was issued from the same Ministry, gazetting the whole of Kgatleng as a planning area. Permanent Secretary Khumotaka in October 2020 issued a savingram to all land board secretaries titled ‘Proposals of Development of Agricultural Land’.
Petitioners say, government moved to revoke in principle leases that reflect a change of land use on agricultural land especially where there are subdivisions that yield plot sizes lower than 1 hectare.
Land boards and planning authorities suspended all issuance of leases for change of land use and subdivision, they said in their petition. They indicated that government refused the approval of survey diagrams that pertain to change of land use and subdivision of agricultural land.
Land owners argue that “there are too many instances to quote of preferential treatment by Kgatleng Land Board, wherein they reject, revoke or they defer indefinitely applications and in the same breath approve similar or even identical applications. This practice of nepotism by the authorities of favouring one citizen over the other is unlawful and must be challenged to the fullest extent of law.”
Furthermore, land owners say these practices are a violation of Schedule 2 of Section 19(4) of the Town and Country Planning Act, and also suspends indefinitely the provisions of Section 22 of the Tribal Land Act. It is said this is a violation of the Presidential Directive and the guidelines amending the Development Control Code at Section 5(4), 6(2) and Section 8.
“The Kgatleng Land Board under the pretext that Oodi Sub Land board has no authority to preside and authorize change of land use have since suspended further land developments in Kgatleng of Agricultural land on that account.”
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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.