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Why Katholo engaged private lawyers against State

The Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katholo has revealed why he took a decision to engage private lawyers against the State. The DCEC boss engaged Monthe and Marumo Attorneys in his application to interdict the Directorate of Intelligence and Security (DIS) from accessing files and dockets in the custody of the corruption busting agency.

In his affidavit, Katholo says that by virtue of my appointment as the Director General of the DCEC, he is obliged to defend the administration and operational activities of the DCEC. He added that, I have however been advised about a provision in the State Proceedings Act which grants the authority of public institution to undertake legal proceedings to the Attorney General. Katholo contends that the provision is not absolute and the High Court may in the exercise of its original jurisdiction permit such, like in this circumstance authorise such proceedings to be instituted by the DCEC or its Director General.
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I am also oblivious to the potential conflict which the Attorney General may find himself faced with in the particular circumstances of this case, he said. Katholo further indicated that, The DISS is a creature of statute and established in terms of Section 4 of the Intelligence Security Service Act. Its power and or mandate is limited and as set out in the Act.

In consideration of the above and particularly in regard to the events which took place whilst in Rwanda, I have written to the Attorney General asking him to institute legal proceedings against its sealing off of offices of the DCEC or authorising the Director General of the DCEC to proceed to court and seek such as he maybe be advised are appropriate in the circumstances of this case, said Katholo.

He said he further informed the Attorney General that should he refuse to either approach court on behalf of the DCEC or authorise the Director General of the DCEC to do so, then he would have left him with no support but to approach court for relief notwithstanding lack of authorisation from him.

The AGSs response decision of lack thereof is reviewable by reason of the fact that it constitute an abdication of constitutional responsibility and grossly unreasonable considering the history of the matter more particularly the various escalations that were made to him on the matter of the DISS authority, Katholo said.

Regarding the conflict of interest by the Attorney General in the dispute between DCEC and DIS, Katholo said an impermissible conflict of interest may exist before representation is undertaken, in which event the representation should be declined. If such as conflict arises after representation has been undertaken, the lawyer should withdraw from the representation, he said.

He said loyalty to a client is impaired when a lawyer cannot consider, recommend or carry out an appropriate course of action for the client because of the lawyers other responsibilities or interests. The critical questions are the likelihood that a conflict will eventuate and, if it does, the likelihood the conflict, will interfere with the lawyers independent professional judgement in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client, said Katholo. In the situation involving the lawyers own interests, Katholo said if the conflict is likely to interfere, the lawyer is prohibited from undertaking the representation.

I assert confidentiality in respect of the information in my office and that of other officers of DCEC. The limited circumstances allowing for sharing is set out in the MOU and the processes relative thereto. As at today we have not been provided any evidence of National Security forming the subject of barrication and or demand access, he said. He said the DIS is not interested on any other information possessed by the DCEC but that which is in the custody of the Director General himself and by this conduct, the DIS acknowledges the sensitivity and confidentially of the information it is demanding.

The effect of such demand, therefore, is to grant itself unlimited access to all highly classified sensitive operational and administrative information of the DCEC which may be adverse to the DISS officials and other highly placed members of society, said Katholo. Katholo said the DCEC is currently conducting investigations involving some officers of the DIS and some of these officers are alive to these investigations.

Some of these officers are highly placed within the DIS, he said. According to Katholo, it is not in the public interest for me to handover or give access to investigation files of the DCEC to persons in the DISS who are suspects in some of the said investigation files. I believe that such a conduct on my part would be an affront on the rule of law.[/ihc-hide-content]

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BOMU, DBS roadshow partners in crime

18th March 2024

The Department of Broadcasting Services (DBS) roadshow has found and trusted the Botswana Musicians Union (BOMU) as a companion it could trust in empowering and facilitating the creative sector, in particular, performing artists and musicians.

BOMU exits to ensure that musicians in Botswana are supported by all platforms and services that are aligned to what they do, which at most times is the production of music.

In 2023, the Union put together grand music awards prized at a whooping P3 million. Indeed, the man working behind the awards, Seabelo Modibe of Total Music Group understood the assignment. For the very first time, BOMU awards left an impressive mark, leaving people murmuring.

With that said and done, BOMU became a very important stakeholder in the on-going DBS roadshow. The relationship started in 2022 when the project was initiated. In this massive project, BOMU plays a role of mobilizing and registering new artists.

In the previous years, the Union has been clouded by dispute and back-and-forth. It was accused of being bungling, purposeless and served no interests of its members (artists). Following the effective execution of the eleventh music awards, artists progressively joined BOMU and the DBS roadshow added cherry on top.

Some of the artists who made it to the Top 30 of the DBS roadshows much-admired the platform, saying it played a major part in changing their lives. Some of them started getting booked, changed their mindsets and consider music as a business entity.

These are some of the few nuggets of wisdom they raked from the man behind the roadshow, Thato Sikwane. He is known as DJ Fresh in the music sector and his company, Big Dawg Productions is the brainchild behind the DBS roadshow.

Matter of fact, DJ Fresh and Modibe worked on this concept together with an aim of unearthing new talent in as much as music is concerned. In order to achieve this goal, the duo had to engage BOMU to allow for the artists to have a body that governs them.

When speaking in an interview with WeekendLife, BOMU Secretary General Rasina Rasina said the roadshow is actually a blessing in disguise, as it was initially considered a tall show.

“This is a much-needed platform for a sector that has been deteriorating over the years. We believe it is here to resurrect the music industry. The DBS roadshow cultivate talent from scratch and nurtures it. This will help us as a Union to have a solid foundation and as BOMU, as we are highly appreciative.”

Rasina said BOMU is very much aware of Season One challenges, adding that they too experienced them. “As BOMU, we therefore appreciate that it was the beginning. Naturally, beginnings have challenges but we are optimistic that everything will be in order as together as a team, we can work to solve all pressing matters that delay the progress of artists in Botswana.”

Successful artists during the DBS roadshow will reap from what they sow. BOMU has been allocated a budget to help artists access the roadshow. Rasina has however refused to divulge the total amount but specified that they ensure artist participation and mobilization, as well as feeding.

“We have learnt from past challenges. We do not pay artists but we assist them with transportation funds to mobilize them to attend the roadshow and showcase. What we offer them is not payment. We ensure their participation, transport mobilization and feeding. They compete, showcase and get the platform they need. We partner with them to deliver a product. Essentially, there is a car, a record deal, airtime deal and cohesion.”

Thus far and during the Season 2 roadshow, BOMU has registered an average of five hundred (500) members. In the process, it has managed to rebuild an average of ten BOMU District chapters nationwide.

Rasina commended the government for coming up with a project that caters for the welfare of artists and creative minds in Botswana.

“Our expectations from the next season is that it will be bigger and better. We appreciate the contribution of DBS and the recent focus towards the creative industry by government. Importantly, it is important to note that the creative industry should never be treated from a blanket approach view. Every region, district, village or town has its own talent. The heritage of Botswana is defined by the creative industry talent.”

 

 

 

 

 

 

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Report links child poverty to disability

12th March 2024

Child poverty is a pressing issue that affects millions of children around the world, and the link between child poverty and disability is a particularly concerning aspect of this problem. The recent research paper published by the Botswana Institute for Development Policy Analysis (BIDPA) sheds light on the stark reality that children with disabilities are more likely to be living in poverty compared to their non-disabled peers.

The findings of the research paper reveal that children with disabilities face higher levels of deprivation in basic capabilities such as education and health. This means that they are often excluded from essential services and opportunities that are necessary for their well-being and development. The wider gap in education outcomes between children with disabilities and their non-disabled peers highlights the systemic barriers that prevent children with disabilities from accessing quality education.

Moreover, the higher rates of deprivation in health and food security among children with disabilities further exacerbate their vulnerability to illness and malnutrition. This not only impacts their physical well-being but also hinders their overall development and potential. The research paper also highlights the economic disparities faced by children with disabilities, indicating that they are more likely to experience poverty across demographic and economic variables.

The implications of these findings are profound and call for urgent action to address the inequalities faced by children with disabilities. Affirmative action is needed to ensure that policies and interventions are specifically targeted towards addressing the unique needs of children with disabilities. It is crucial to prioritize the inclusion and empowerment of children with disabilities in all aspects of society to ensure that they have equal opportunities to thrive and succeed.

In conclusion, the link between child poverty and disability is a critical issue that requires immediate attention and action. It is essential for policymakers, stakeholders, and communities to come together to create a more inclusive and equitable society where all children, regardless of their abilities, have the opportunity to reach their full potential. By addressing the root causes of poverty and discrimination faced by children with disabilities, we can work towards building a more just and compassionate world for all.

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Botswana’s internet rated the second fastest in Africa

8th March 2024

Botswana continues to make significant strides in its digital trasnformation aspirations, as it secures its position among the top-ranking African countries for mobile internet speed. Based on statistics from the Speedtest Global Index, Botswana has been rated the second fastest mobile internet speed in the continent, with an impressive 43.79Mbps, according to a recent study by Business Insider Africa.

This accomplishment demonstrates Botswana’s dedication to improving the quality of broadband internet in the country; and re-affirms its position as a leader in Africa’s telecommunications and ICT services. “The acknowledgment of Botswana’s internet as the 2nd fastest in Africa reflects our commitment to cultivating a digitally inclusive society,” remarked Mr. Keabetswe Segole, Acting CEO of Botswana Fibre Networks (BoFiNet). “This achievement highlights our ongoing endeavors to enable all citizens to participate in the digital economy.” BoFiNet, the leading provider of telecommunications infrastructure in Botswana, has been instrumental in shaping the nation’s digital landscape.

Reflecting on BoFiNet’s contribution to Botswana’s digital connectivity, the Acting CEO stated:”BoFiNet takes pride in its role in securing Botswana’s position as the 2nd fastest country in Africa for mobile internet. Our robust fibre optic and microwave network has been pivotal in delivering high-speed connectivity to both urban and rural areas, ensuring access to reliable internet services for all citizens. We remain committed to fostering innovation and digital inclusion, thereby paving the way for a prosperous digital future in Botswana.” Through the recently launched SmartBots Village Connectivity project, 1,138 premises across 144 villages in different Botswana districts are able to connect to this fast internet.

Botswana’s population is utilising connectivity creatively as a result of a boom in mobile penetration, which is advancing the nation’s digitalisation. Rapid advancements in mobile high-speed internet are causing a digital revolution in Africa, bringing about changes in areas including the economy, education, healthcare, and empowerment.

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