Botswanas premier brewer and leading distributor of beer, Kgalagadi Breweries Limited (KBL) says the recent alcohol ban by the government is unjustifiable, irrational and overrides the rights that are enshrined in the constitution.
KBL in court papers filed on Tuesday this week, before Justice Tshepo Motswagole, argues that the wholesale ban on the sale, dispensing and distribution of alcohol is inherently unconstitutional and even unnecessary.
The brewer through their attorneys, contends that prohibition of alcohol sale must be necessary or expedient for securing the public safety and also be rational in terms of the principle of legality.
The company says it is prepared to put a gallant fight against the government as they believe, that despite the Emergency Powers Act (EPA) empowering the President to make regulations which appear to him to be necessary or expedient, this might not be the case as it could be subjective. As such they will put to test the necessity and expediency as there is no evidence that banning alcohol is indeed an expedient measure, which is beneficial for combating COVID-19.
The imposition of the concurrent bans were procedurally irregular as the President was required to consult with those who would be affected by the ban, KBL posits. I should not be heard to say that each and every single person affected had to be consulted, I am merely saying that those who would be most adversely affected should have been consulted, reads an affidavit signed by the companys Managing Director Brenno Diaz reads.
The decision to impose the ban without affording a hearing to persons and entities that would adversely be affected by such a ban is indefensible due to the fact that it is not as if the government had been unaware of the possibility of the so called third wave of the pandemic.
The court papers further emphasize that, the government cannot therefore sensibly claim that it had to haste with utmost haste because it was taken by surprise.
In the past, it is said, KBL has attempted to appraise President Masisi on the devastating effects of the ban but he has never responded. The refusal by the President to hear KBL out, has forced the company to accuse him of not applying his mind to issues.
KBL argues that, this is because such bans infringe on a myriad of rights under the constitution, as any of the regulations and notices imposing such bans are unconstitutional.
To back their constitutional argument, KBL says the abrupt stop of alcohol sale, infringes on the right to work and trade which is an integral law which Botswana is a signatory to.
Furthermore, the company says the ban tramples on the right to property as their licenses (property) remain suspended. KBL also highlights that the government is disregarding the right to dignity as the ban unjustifiably limits the rights of people to work and thus earn a living, which infringes on the right to human dignity.
So far KBL laments that it has suffered more harm since the first ban in April last year. In 2020 the company says it lost revenue amounting to P514, 677,000.00 and P348, 209,000 in 2021 to date.
This harm is ongoing and will continue for as long as the ban subsists, concludes KBL. If the current prohibition is extended further, KBL says it will have no other option but to shut down some of its sites such as Francistown and Palapye or even review its current operations model which includes local production to a distribution depot.
The company has warned the government that there are no public emergency so pressing that the total ban must be enforced immediately in spite of KBL, its employees and others in the industry. Every day that the ban endures is a day without desperately needed income for employees and those in the industry who themselves are at risk of real hardship, the affidavit reads.
The alcohol industry according to the Institute of Employment and Labour Studies (ILES) has employed approximately 50,000 directly with the entire value chain at around 200 000.
KBL is the applicant with the Attorney General of Botswana as the First respondent, President Masisi is the second respondent while Director of Health Service is the third. The applicant has given an antagonist up to the 7th of July to deliver their notice of opposition and to deliver their answering affidavit, on or before the 16th of July 2021. At press time this publication was not aware of any opposition application.
UB DON WEIGHS IN
Meanwhile, University of Botswanas Professor Zibani Maundeni is of the view that Botswana has reached a point where we realise that lockdowns and shutting down the liquor industry do not prevent the spreading of the coronavirus.
Maundeni argues that lockdowns and closures only destroy livelihoods. They impoverish people who are not employed by the government and destroy industries (particularly the private sector and the informal sector).
Government should now be advised to open up the economy to allow people and businesses to operate, lift up curfews to allow night life to return, but enforce masks and speed up vaccination to prevent loss of lives. The economy must be allowed and supported to recover. The ban on alcohol is proving to be unreasonable and costly to livelihoods and to the economy, he said.
The newly elected Botswana Movement for Democracy (BMD) Executive Committee led by Pastor Reverend Thuso Tiego has declared their disapproval of homosexuality saying it is anti-Christianity and Botswana culture.
Speaking at a Media Briefing this past week, BMD President Tiego said Botswana has been a country that respects culture hence endorsing homosexuality will be catastrophic.
âOur young generation grew up being taught about types of families, if homosexuality is passed, at what age will our children be introduced to homosexuality?â he rhetorically asked.
He continued: âIf we are going to allow homosexuality then the next day, another person will come and say he wants to practice bestiality. What are we going to do because we have already allowed for this one (homosexuality) and at the end it will be a total mess.â Bestiality is sexual relations between a human being and an animal
This according to Tiego will give those people an opportunity thus disrupting known Botswana beliefs. He however dismissed any notion that the decision to condemn homosexuality should not be linked to the top two of the committee who are men of cloth. âThis is a decision by the whole committee which respects the culture of Botswana and it should not be perceived that because we are clergymen we are influencing them, but even if we do, politics and religion are inter-related.â
Of late the church and the human rights organization have been up in arms because of the high court decision to allow for same sex marriages. Ministries ganged up, petitioned parliament and threatened to vote out any legislator who will support the idea. The ruling party, BDP which was to table the amendment in the constitution, ended up deferring it.
BMD President further revealed that he is aware of what really led to the split of the party and he is on course to transform as they approach 2024 elections.
âThere are so many factors that led to split of party amongst others being leadership disputes, personal egos and ambitions, toxic factionalism and ideological difference just to mention a few, but we are transforming the party and I am confident that we will do well in the coming elections.
In addition, Tiego is hopeful that they will take the government as they feel it is time to rebrand Botswana politics and bring in fresh blood of leaders.
He further hinted that they are coming with positive transformation as they eye to better the lives of Batswana.
âWhen we assume government, we promise to be transparent, free and fair electoral processes and encourage pluralism as way of getting back to our roots of being a democratic country as it seems like the current government has forgotten about that important aspect,â Tiego explained.
Reeling under the increasing barrage of stinging international sanctions, the isolated North Korean regime is reportedly up to its old trickery, this time in a more complicated web of murky operations that have got the authorities of five southern African countries at sixes and sevens as they desperately try to tighten their dragnet around Pyongyangâs spectral network of illicit ivory and rhino horn trade.
It is an intricate network of poaching for elephant tusks and rhino horns that spans Botswana, Mozambique, South Africa and Zimbabwe, with the main sources of the contraband being Botswana and South Africa.
The syndicate running the illegal trafficking of the poached contraband is suspected to be controlled by two shadowy North Korean government operatives with close links to one Han Tae-song, a disgraced North Korean career diplomat who, while serving as the second secretary at his countryâs embassy in Harare, Zimbabwe, was expelled in 1992 after he was fingered as the mastermind behind a similar illegal ring that was busted by the countryâs authorities.
This disturbing tale of malfeasance by North Korean state actors is as real as it gets.
Recent reports indicate that authorities in the source countries are jointly battling to plug holes created by the shadowy syndicate which allegedly has on its payroll, park rangers, border officials and cross-border truck drivers.
Even more disturbing are allegations that some wildlife officials are conniving in misrepresenting numbers of retrieved rhino horns and ivory from poachers and getting kickbacks for their involvement in the pilfering of ivory and rhino horns from government stockpiles especially in South Africa.
In a shocking and well-orchestrated movie-style heist in South Africa, thieves in June this year made off with 51 rhino horns after breaking into a very secure government stockpile facility of the North West Parks Board (NWPB).
While some suspects from South Africa and Malawi were nabbed in a government sting operation, none of the rhino horns – 14 of which were very large specimens that can fetch serious money on the black market â were recovered.
A report of the heist said the police were lethargic by eight hours in responding to an emergency alert of the robbery which was described by North West police spokesperson Brigadier Sabata Mokgwabone as ââŚ a case of business robberyâŚâ
Thabang Moko, a security analyst in Pretoria says the military precision in the burglary, delays in police response, and failure to recover the stolen rhino horns is dubious. âThis development lends credence to suspicions that some government officials could be part of a shadowy syndicate run by foreign buyers of rhino horns and ivory,â Moko says.
It is understood that in light of the rhino horns heist in North West, South Africaâs Minister of Environment, Forestry and Fisheries, Barbara Creecy on 1 August, shared her concerns to her counterparts in Botswana, Zimbabwe and Mozambique calling for greater regional cooperation to combat the illegal wildlife trafficking which she believes is being masterminded by the Far Eastâs buyers of the ill-gotten horns and ivory.
It is believed that foreign kingpins involved in perpetuating the illegal trade are mainly North Koreans vying against Vietnamese and Cambodian buyers in the quest for dominance of the illicit trade in rhino horns and ivory sourced from southern Africa.
Creecyâs concerns, which she also shared to South Africaâs state-run broadcaster SABC, echoed Mokoâs worries that the North West heist may have been an inside job.
According to Creecy, there was a need for the International Criminal Police Organisation (Interpol)âs greater involvement in joint investigations by affected countries as there were indications of âlocal knowledgeâ of the North West job and that syndicates, âHigher up the value chain actually recruit park rangers to the illegal ivory trade network.â
Botswanaâs Environment and Tourism Minister Philda Kereng is on national record admitting that poaching was a source of headaches to her government, especially considering that the daring poachers were making successful incursions into secure areas protected by the Botswana Defence Force (BDF).
This came after poachers gunned down two white rhinos at the BDF-protected Khama Rhino Sanctuary in August 2022 despite Kereng putting the time frame of the killings between October and November 2022.
Kereng hinted at the existence of Asian controlled syndicates and acknowledged that the surge in poaching in Botswana is driven by the âincreased demandÂ for rhino horn on the international marketâ where in Asia rhino horns are believed to be potent in traditional medicines and for their imagined therapeutic properties.
Botswana has in the past recorded an incident of a group of an all-Asian reconnaissance advance team teams being nabbed by the countryâs intelligence service in the Khama Rhino Sanctuary.
Masquerading as tourists, the group, with suspected links to North Korea and China, was discovered to be collecting crucial data for poachers.
Also according to reliable information at hand, an undisclosed number of wildlife parks rangers were arrested between September 2022 and January this year, after information surfaced that they connived in the smuggling of rhino horns and ivory from Botswana.
One of the rangers reportedly admitted getting paid to falsify information on recovered horns and ivory which were smuggled out of the country through its vast and porous eastern border with South Africa, and making their way to their final destination in Mozambique via back roads and farmlands in South Africa and Zimbabwe.
âWe are aware that in the past year, some rhino horns and ivory illegally obtained from Botswana through poaching activities and shady deals by some elements within our wildlife and national parks department, have found their way out of the country and end up in Mozambiqueâs coastal ports for shipment to the Far East,â a Department of Wildlife and National Parks (DWNP) source says.
Independent investigations reveal that two North Korean buyers, one of them only identified as Yi Kang-dae [confirmed to be an intelligence official in the countryâs state security apparatus], acting on behalf of the disgraced Han Tae-song, financed the entire operation on two occasions between 2022 and 2023, to move at least 18 rhino horns and 19 elephant tusks from Botswana, including pay-offs – mostly to border patrol and customs officials for safe passage – along the knotty conduit across South Africaâs north western lands, then across south-eastern Zimbabwe into Mozambique.
According to a trusted cross-border transport operator in Zimbabwe, the rhino horns and elephant tusks were illegally handed over to smugglers in Mozambique at an obscure illegal crossing point 15km north of Zimbabweâs Forbes Border Post in November 2022 and February this year.
The end buyers in Mozambique? âIt is quite an embarrassment for us, but we have solid evidence that two North Korean buyers, one of them who is linked to a former notorious diplomat from that country who has been in the past involved in such illegal activities in Zimbabwe, oversaw the loading of rhino horns and ivory onto a China-bound ship from one of our ports,â a top government source in Maputo said before declining to divulge more information citing ongoing investigations.
Yi Kang-dae and his accompliceâs whereabouts are presently unclear to Mozambican authorities whose dragnet reportedly recently netted some key actors of the network. Han Tae-song currently serves as North Koreaâs ambassador to the United Nations in Switzerland.
North Korean diplomats have in the past used Mozambique as a final transit point for the shipment of rhino horns to the Far East.
In May 2015, Mozambican authorities nabbed two North Koreans, one of them a Pretoria-based diplomat and political counsellor identified as Pak Chol-jun after they were caught in possession of 4.5kg of rhino horn pieces and US$100,000 cash.
Pakâs accomplice, Kim Jong-su, a Taekwondo instructor also based in South Africa, was fingered as a North Korean spy and returned to North Korea under suspicious circumstances on the heels of Pakâs expulsion from South Africa in November 2016.
A security source in Zimbabwe closely following current developments says there is a big chance that Han Tae-song may have revived the old smuggling network he ran while posted in Zimbabwe in the 90s.
âThe biting international sanctions against North Korea in the past decade may have prompted Han to reawaken his network which has been dormant for some time,â the source says. âThere is no telling if the shady network is dead now given that Hanâs two front men have not been nabbed in Mozambique. More joint vigilance is needed to destroy the operation at the source and at the end of the line.â
North Korean diplomats have, as early as October 1976, been fingered for engaging in illegal activities ranging from possession of and trade in ivory pieces, trade in diamonds and gold, the manufacture and distribution of counterfeit currencies, pharmaceuticals, and the sale on the black market, of a paraphernalia of drugs, cigarettes, alcohol and other trinkets on the back of protracted and biting international sanctions against the reclusive state for its gross human rights abuses against its own people and flagrant nuclear tests.
These illegal activities, according to a US Congressional Research Service (CRS) report, have raked in at least US$500m annually for the Pyongyang regime. Other global studies estimate that North Koreaâs illegal earnings from the black market are around $1bn annually, and are being channelled towards the countryâs nuclear weapons programme, while ordinary North Koreans continue to die of mass starvation.
In February 2014, Botswana, citing systematic human rights violations, severed ties with North Korea with the formerâs president Mokgweetsi Masisi (then vice president) calling North Korea an âevil nationâ on 23 September 2016, at a United Nations General Assembly forum in Washington, USA.
Botswana hasÂ close to 132,000Â elephants, more than any of its four neighbouring countries, namely Angola, Namibia, Zambia and Zimbabwe, according to a 2022 Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) Elephant Survey.
The rhino population in Botswana has significantly dwindled, with poaching a leading cause of the decimation of the countryâs rhinos. Despite dehorning and relocating its diminishing rhino population from the extensive Okavango Delta to undisclosed sanctuaries, Botswana has since 2018, lost 138 rhinos to poachers.
The sharp spike in rhino poaching in Botswana came after the countryâs government made a controversial decision to disarm park rangers in early 2018.
In a statement delivered in November 2022 to the Convention on International Trade in Endangered Species (CITES) CoP-19 in Panama, the Botswana government instead blamed the surge in poaching to a shift of foreign-sponsored organised poaching organisations from South Africa to Botswana.
âThis increase in rhino poaching in Botswana coincided with a decline of rhino poaching in South Africa from 2018 to 2020, suggesting a displacement of the poaching syndicates from South Africa to Botswana,â the statement reads. âThe recent decline in rhino poaching in Botswana (2021 and 2022, relative to 2020) coincides with the increase in rhino poaching in Namibia and South Africa, further suggesting displacement of the poaching syndicates across the sub-region.â
According to the Botswana government, as of 13 November 2022 the country has secreted its shrinking rhinos (only 285 white rhinos and 23Â black rhinos) in undisclosed locations within the countryâs borders.
South Africa has close to 15,000 rhinos. Between January and June 2022 alone, poachers killed 260 rhinos in South Africa for their horns. The country is home to the majority of Africaâs white rhinos, a species whose existence remains under threat of extinction due to poaching.
The major threat posed by foreign state actors including those from North Korea, to southern Africaâs rhino and elephant population remains grim as the bulk of the rhino horns and elephant tusks reportedly continue finding their way to the Far East, where China is being used as the major distribution centre.