UN exposes Botswana’s evil treatment of migrants and refugees
The United Nations Common Country Analysis report for Botswana says women, members of the LGBTIQ community, people living with disabilities, indigenous people and detained people face power imbalances within Botswana’s society. This also includes migrants, asylum seekers and refugees, the poor, and those in rural areas.
These vulnerable groups face prejudice based on gender, ethnicity, national origin, income and disability, manifest through unequal access to services, resources and opportunities, stigmatisation and social exclusion.
According to the study, most international migrants in Botswana originate from India, South Africa, Zambia, Zimbabwe and the United Kingdom, with 80 per cent falling within the 15–49 age group, i.e. the most sexually active and economically productive age group. Botswana’s 170,000 non-citizens in residence constitute 7 per cent of the country’s total population; of these, an estimated 30,000 live with HIV, with approximately 27 per cent receiving ART.
The UN indicated in their report that policies and practices that restrict access to essential healthcare services for migrants and refugees can reduce their access to information on HIV prevention and lead to them avoiding testing services and treatment for HIV for fear of arrest and deportation.
This means that fewer know their HIV status and can cause increased HIV prevalence through the practice of Multiple Concurrent Partnerships (MCP) and reduced access to prevention of Mother-to-Child Transmission (PMTCT).
Furthermore, migrants are marginalised because of limited access to free, publicly financed antiretroviral therapy, despite the 2016 Treat All policy and the government’s National HIV and AIDS Strategic Framework 2018–2023 (NSF III) recognises non-citizens as a priority population requiring programmatic attention.
“Within the non-citizen population, prisoners and refugees have access to ART, but other migrants have to purchase antiretroviral from private facilities at a high cost. Non-citizen Populations who cannot afford ART treatment on their own include low-wage workers, such as maids, cleaners, hair braiders and other day labourers, and unmarried partners of citizens, including the unmarried mothers of children fathered by citizens.”
In this new report, the United Nations pointed out that non-citizens (including their children) were excluded from government COVID-19 food assistance during the April-May 2020 national lockdown.
Asylum seekers are held in prisons and prison-like conditions, including at the Francistown Centre for Illegal Immigrants. Poor conditions include a lack of adequate healthcare. The refugee population tends to face exclusion from tertiary healthcare assistance that requires referral to private health facilities.
THE LGBTI COMMUNITY
The United Nations also exposed how Lesbians, Gays, Bisexuals, Transgender and Intersex persons in Botswana are treated. The organisation found out that members of the LGBTIQ community continue to face discrimination, which affects their access to healthcare and HIV prevention. Even though the Botswana High Court struck down laws making homosexuality illegal in 2019, little information is available on the size of the community and HIV and TB prevalence rates within it.
In 2017, the number of men who have sex with men (MSM) was estimated at 2,625 in 10 study districts leading to an adjusted national size estimate of 4,169.84. In the 2017 BBSS, condom use at last sex was reported by 77 per cent on average, with less than two-thirds reporting they always used condoms (61 per cent).
About 20 per cent reported engaging in sex work, 42 per cent were in concurrent relationships, and 40 per cent had (primarily casual) female partners in the six months before the survey, thus intersecting with the female population at large.
It was further reported that LBT women experience limited access to health care services, including sexual and reproductive health services. Transgender people are also unable to access identity documents that reflect their gender identity.
There are documented cases in which identity document barriers had resulted in delays in accessing health care. Access was impeded when health workers called the police after transgender persons presented identity documents that did not reflect their gender identity. In 2014, at least 75 per cent of HIV programmes and services for transgender persons were provided by civil society organisations (CSOs).
DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)â€™s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. â€śI am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,â€ť Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, â€śwe have made peace and he even called me where upon we agreed to work for the party and bury the hatchetâ€ť.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, â€śMosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.â€ť
Loosely translated this means, Liakatâ€™s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson ManchweÂ cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
â€śIn pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,â€ť said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing â€śthat matters be withdrawn with prejudice to the State, accused is acquitted and discharged.â€ť
DPP seizes prosecution duties from Police
Directorate of Public Prosecution (DPP) has finally taken over prosecution from the Botswana Police Service (BPS). The police have been prosecuting for years, but the takeover means that they will now only focus on investigations and then hand over to the DPP for prosecution.
Talks of complete takeover began as far back as 2008, but for years it seemed implementation was sluggish. However, the Minister of Justice, Machana Shamukuni, revealed that the complete takeover is expected to be completed soon.
During a presentation to the Committee of Supply by Shamukuni this week, it was revealed that the project has been implemented in 22 police stations nationwide, including Maun, Selebi-Phikwe, Palapye, Francistown, and Kasane. He further stated that the project has been allocated P3,000,000 for the 2023/2024 financial year to facilitate the opening of more satellite offices for the DPP.
Shamukuni said the Lobatse station is scheduled for a complete takeover by the end of May 2023, while the Kasane DPP satellite office has been established and became operational as of February 1, 2023.
“As reported previously, preparations are at an advanced stage to open a satellite office in Tsabong to curtail expenses, as well as frequent long-distance trips to these areas, as it is currently serviced by the Lobatse DPP office,” Shamukuni said.
Shamukuni said that the takeover strategy is to enable a seamless and gradual takeover of prosecution from the BPS without overwhelming and overstretching the thin resources at its disposal.
According to Shamukuni, the implementation of the prosecution takeover project has increased the workload of the 211 prosecutors in the DPP establishment.
Furthermore, the Justice Minister said DPP statistics show that the DPP has a total of 11,903 cases and dockets as of January 2023. He indicated that this is a significant increase in the number of cases being handled by the DPP, considering that in November 2021, the DPP had just over 8,471 files.
â€śOut of the total case load, 8 382 are cases pending before various courts while 3521 are dockets received from law enforcement agencies of which 1 325 are awaiting service of summons while the rest are being assessed for suitability of prosecution or otherwiseâ€ť said Shamukuni.
He further stated that The DPP has consistently maintained an 80% success rate in matters completed at court.
â€śAs at the end of January 2023, the success rate stood at 82.3% against a target of 90% whilst the average performance in respect of turnaround time for conclusion of cases at court stood at 17.5 months against a target of 18 months,â€ť he said.
BACKLOG OF CASES â€“ LAND TRIBUNAL
Meanwhile, Minister Shamukuni has revealed that Gaborone land Tribunal is experiencing a backlog of cases. Before parliament this week, Shamukuni revealed that a total 230 appeals were completed for the period of April 2022- December 2022 and only 76.5% of them were completed within set time frame.
The minister said that the Gaborone division has experiencing a backlog of cases due to manpower constraints and he further indicated that presiding officers from other divisions have been brought in to expedite case disposal.
He further indicated that the land tribunal is a specialized court that has been empowered to resolve appeals arising from land boards. â€śIt has been mandated to determine appeals from the decisions of Physical planning committees of Districts Councilsâ€ť said Shamukuni.
Land Tribunal relocated to the Ministry of Justice from Ministry of Land and Water Affairs in November 2022.
â€śAn amount of P37, 842,670 is requested to cover salaries, allowance and other operational expenses for the Department of the land Tribunal,â€ť alluded Shamukuni
BCP, AP stalemate in 7 constituencies
When the Botswana Congress Party (BCP), Alliance for Progressives, Botswana Labour Party (BLP), and conveners reconvene next week, the controversial issue of allocation of the seven constituencies will be the main topic of discussion, WeekendPost can reveal.
Not only that, but the additional four constituencies will also dominate the talks. The idea is to finally close the “constituency allocation phase,” which has proven to be the most difficult part of the ongoing negotiations.
Earlier this year, the two parties announced that the marathon talks would be concluded by February. Even at a media briefing last month, BCP Secretary General Goretetse Kekgonegile and Publicity Secretary Dr. Mpho Pheko were optimistic that the negotiations would be concluded before the end of February.
However, it is now mid-March and the talks have yet to be concluded. What could be the reasons for the delay? This is a question that both Kekgonegile and Pheko have not responded to, as they have ignored the reporters’ inquiries. However, a senior figure within the party has confided to this publication as to what is delaying the highly anticipated negotiations.
“We are reconvening next week to finalize constituency allocations, taking into account the additional four new ones plus the outstanding seven,” he explained. It later surfaced that Gaborone Central, Gaborone North, Mogoditshane, Tswapong North, Francistown West, Tati West, and Nata Gweta are all contested by both BCP and AP. This is because the other 50 constituencies were allocated by December of last year.
The three parties have failed to find common ground for the Bosele Ward by-elections. Are these constituencies not a deal breaker for the talks? “None of the constituencies is a deal breaker,” responded a very calm BCP official.
In Bosele Ward, AP has yielded to BCP, despite most of its members disapproving the decision. On the other hand, BLP has refused, and it will face off with BCP together with Botswana Democratic Party (BDP) and Umbrella for Democratic Change (UDC).
The decision by BLP to face off with BCP has been labelled as a false start for the talks by political observers.