Botswana’s premier brewer and leading distributor of beer, Kgalagadi Breweries Limited (KBL), this month dragged the government of Botswana to court after President Mokgweetsi Masisi imposed an alcohol ban with immediate effect. KBL labelled the decision as unjustifiable, irrational and that it overrides the rights that are enshrined in the constitution.
This week, Masisi through attorneys representing the government disparaged the case in his written affidavit of KBL’s application, referring to it as frivolous and that it ought to be dismissed with costs on a punitive scale.
In his court papers, Masisi reminded KBL that Botswana is a Republic whose laws find validity from the constitution, and in terms of Section 17 of the constitution the President is empowered to declare a State of Emergency and that it is a common cause that Botswana is under such state.
“It is common course that there is in existence emergency powers (Covid-19) Regulations 2020 as amended from time to time which is solely designed to regulate the Covid-19 pandemic,” he said.
Masisi pointed out that he denies that the application before Court is proper such as to challenge the lawfulness and validity of a regulation made and a notice published in the exercise of a legislative function in accordance with the Emergency Powers Act which empowers the President to make regulations as appear to him to be necessary and expedient for securing public safety.
Furthermore, the President revealed that the decision to ban alcohol sales was not arrived at willy-nilly, but rather that there had been careful considerations that the risks posed by Covid-19 had increased and therefore it was expedient and necessary to suspend all liquor licenses.
Moreover, Masisi denied that the decision to reinstate the ban should be made by the Director of Health Services as indicated by KBL in their nature of the application, “the Director is to cause the notice to be published in the Gazette after consultation with the President.”
Masisi indicated that the role of the Director of Health Services is to publish a regulation made by the President.
He further, reminded KBL that the power to make regulations in a State of Public Emergency in accordance with the EPA lies with the President, “such power includes the amendment of any enactment, suspending the operation of any enactment or modification of an enactment.”
According to Masisi, his decision to ban alcohol sales was based on evidence provided by the Director of Health Services who indicated to him that there was a sudden spike in the transmission of the Covid-19 virus following the reinstatement of liquor licenses.
Another piece of advice tendered by the Director of Health to Masisi was that bars and other liquor outlets were some of the major hotspots in the sense of such being high-risk areas at which the virus spread rapidly.
“Alcohol was one of the major causes of non-compliance with the health protocols that were put in place to control the spread of the Covid-19 virus. Further, there was an indication that more arrests were made on people failing to adhere to Covid-19 protocols more particularly at places where there were gatherings,” he contended.
He pointed out that therefore, it was expedient and or necessary to preserve lives and to reduce the risks of transmissions of the virus to reinstate the suspension of liquor licenses.
Moreover, the President says that it must be noted that he avers that the Director of Health Services is a credible source on matters of public health of which he also accordingly gave due weight to the Director’s advice on deciding to reinstate the ban through the impugned notice.
“I am aware and was always aware at the time of promulgating the regulation complained of that it shall negatively affect some sectors of the economy. However, after due consideration and receipt of advice, I decided to give priority to the safety and health of the nation,” Masisi said.
He presaged KBL that it would not be prudent and in the best interest of the nation to ignore a health emergency such as Covid-19 and gave preference to trading and making of profits by the applicant. “The results would only be catastrophic to the extent that when we emerge from the scourge we would be left with a depleted and ailing nation from Covid-19 and its side effects.”
Furthermore, his written affidavit further pointed out that the decision to reinstate the ban on alcohol was taken notwithstanding understanding and appreciation of the economic hardships that would befall the country.
However, he said he deliberately made the decision based on the evidence provided to him by the Director of Health, whose evidence he believes to be credible to give public/safety and health priority over economic considerations in some sectors.
In making the decision, Masisi states that he was and considered different options including allowing for sale of alcohol consumption off premises, however the evidence he had been provided with suggested that such other alternatives would not achieve the overall objective of securing public safety and health by reducing the risk of the spread of the virus.
“By the time I imposed the ban, alcohol was already being sold for consumption off-premises. This did not work. The information provided to me by the Director and the Presidential Task-Force team demonstrated that consumers purchased alcohol and then loitered and consumed it within the peripheries of bars and other liquor outlets,” he said.
Attached to the affidavit as emphasis, were photographs and videos of Gaborone West, Phase 4 in mid-June 2021, which he explains circulated on social media and was brought to his attention.
“I need not say much about the photos as they depict a crowd exceeding 50 gathered at the parking area of a bar. There is little or no regard to Covid-19 protocols. It was clear to me and my advisors, including the Director of Health Services and members of the Presidential Task-Force team that the total ban of alcohol was necessary to manage the risk of increase in infections, to understand what seems to have led to an increase in the risk of infection when alcohol is present I was advised by the Presidential Task-Force team that scientifically there has been evidence that alcohol narrows physical distance,” he argued.
Masisi says that allegations made by KBL are serious allegations of infringement of fundamental rights yet they fail to state how imposition and reinstatement of the suspension of liquor licenses out of necessity and expediency of the health of the nation infringes on the rights as alleged.
With the advent of COVID-19, mental health and psychosocial has become a major concern around the world. There is significant increase in the rates of stress, anxiety and depression globally.
In creating awareness and support on mental health and psychosocial support, the Ministry of Local Government & Rural Development, through the Department of Social Protection (DSP) hosted a virtual regional mental health and Psychosocial Support Forum (MHPSS).
The MHPSS Forum brings together stakeholders from different sectors providing Mental Health and Psychosocial Support services particularly to children, youth, families and the workforce, as well as Academia, International Cooperating Partners, Community Implementing Partners and the media.
It aims to facilitate learning, information exchange and advocacy to promote mainstreaming of Mental Health and Psycho-Social Support (PSS) into policies, programmes, services and funding priorities for children and youth in Botswana.
The event is a partnership between The Ministry of Local Government & Rural Development, through the Department of Social Protection (DSP), and the Regional Psychosocial Support Initiative (REPSSI), with Project Concern International Botswana (PCI) and Marang Child Care Network Trust (MCCNT).
The event is held every two years, and Botswana started hosting the Forum in 2014. The theme for this year is ‘Innovate, Integrate, Thrive,’ which prompts us to find new ways to survive the COVID-19 pandemic which we can mainstream into our daily activities.
The Northern Regional Forum in Mahalapye was held on 17-19 August 2021 while the Southern Regional Forum in Ghanzi, was from 21-23 September 2021. Findings from both regions will be presented at the National Forum to be held in Kasane on 12-14 October 2021. The event is held in collaboration with local authorities in each region.
The event is structured in this manner: The first day is a Special Session for Children, where children in the region will talk about the challenges they face that affect their mental health, how they cope and what they think can be done to support them.
The second day is the official opening where the lead ministry gives a keynote address, and presentations from service providers in the region. The third and last day is abstract presentations from different speakers on thematic areas under the theme.
The Southern African Science Service Centre for Climate Change and Adaptive Land Management (SASSCAL) in collaboration with the Council for Scientific and Industrial Research (CSIR) will hold a Hybrid GMES and Africa Regional workshop from 27 – 29 September 2021, at Safari Hotel in Windhoek, Namibia.
The Global Monitoring for Environment and Security and Africa (GMES & Africa) Initiative is a programme formed out of mutual cooperation between Africa and Europe with a focus on Earth Observation (EO) systems.
It was formed to respond to the global need to manage the environment, understand and mitigate the effects of climate change and ensure civil security by providing information to policymakers, scientists, private sector and the public. GMES and Africa aims to promote development of local capacities, institutional, human and technical resources for access to and exploitation of Earth Observation (EO) based services on an operational basis for sustainable development in Africa.
In its first phase, GMES has funded 13 consortiums in Africa. In Southern African, SASSCAL-led consortia is implementing the Wetland Monitoring and Assessment Service for Transboundary Basins in Southern Africa (WeMAST) Project while CSIR is leading the Marine and Coastal Operations for Southern Africa (MARCOSouth). SASSCAL Members of the consortium include the University of Botswana, University of Zambia, Cape Peninsula University of Technology, University of the Western Cape and Midlands State University, South African National Space Agency (SANSA) and the National Remote Sensing Centre (NRSC) of Zambia.
CSIR led consortium includes ABALOBI, Benguela Current Convention, Coastal Oceans Research and Development in the Indian Ocean, Council for Scientific and Industrial Research, National Sea Rescue Institute, University of Dar Es Salaam, University of Eduardo Mondlane and the Western Indian Ocean Marine Science Association).
The workshop will also provide an opportunity to promote and encourage mutual exchanges in terms of sharing best practices, knowledge and experiences as well as allow for the exchange of information and knowledge on new and innovative Earth Observation technologies developed under the programmes and their alignment with the region’s sustainable development strategies.
The workshop will also reveal trends in the use of earth observation data to monitor and assess wetland conditions, threats to sustainable utilisation of wetland resources as well as updating stakeholders on how climate change variability and drought is continually affecting Sub-Saharan Africa’s surface water resources.
The workshop’s envisaged outcomes will be to ensure shared knowledge and understanding of the new and innovative Earth Observation technologies, and their application to society. Expected to visit is a broader pool of international delegates from the two continents (Europe and Africa) both physically and virtual.
This includes the member countries policy makers, line ministers from the SADC countries, public and private sector stakeholders, implementers, Basin Commissions, researchers, and any other stakeholders whose activities are related to coastal areas, rivers, and their ecosystems.
Some vendors have been misled Vendors thrive on households goods and fresh produce
Despite the previous false allegations that the Tobacco Control Bill will lead to several 20 000 vendors across the country losing their jobs, several local vendors have expressed that they are ready for the bill and because vendors sell mostly household goods
“This is something that we openly accept and receive as street vendors, the problem is some of our counterparts were misled and made to believe that we will not be allowed to sell cigarettes on our stalls.
Some of us got to understand that the bill states that we have to be licensed to sell cigarettes, we are not supposed to sell them to children under the age of 18 years of age and eliminating the selling of single sticks. We understand that this agenda is meant to develop a healthy nation but not take us down,” said Mbimbi Tau a vendor who operates from Mogoditshane.
The Tobacco Control Bill has been passed in several countries and street vendors are operating properly without any challenges faced. Tau further mentioned that there is no way that the Tobacco Control Bill will affect their business operations, all they have to do as vendors are to get the required documentation and do what the bill requires.
Another vendor Busani Selalame who operates from Gaborone Bonnington North was not shy to express his support towards the Tobacco Control Bill, “the problem is that some people within our sector have been misled and now they think that the bill is meant to take our operations down and completely stop selling cigarettes.
I support the fact that we are not supposed to sell cigarettes to children who are under the age of 18 years of age this has always been wrong, as parents we should be cautious of such and ensure that our children are disassociated with cigarettes,” said Selalame.
The Tobacco Control Bill prohibits advertising, promotion and sponsorship by the tobacco industry to prevent messages, cues, and other inducements to begin using tobacco, especially among the youth, to reassure users to continue their use, or that otherwise undermine quitting.
Renowned economist Bakang Ntshingane is of the view that since vendors sell household goods and fresh produce they are likely to keep on making profits despite what the Tobacco Control Bill comes with. He further stated that the Tobacco Control Bill will not be of harm on the local economy since the country does not manufacture or produce any tobacco related products.