The corpse of a Central Kalahari Game Reserve (CKGR) resident who the government says cannot be buried in the reserve is expected to lie at Gantsi mortuary for quite some time.
According to a letter from Deputy Registrar of the Court of Appeal Tselapedi, Pitseng familyís appeal application cannot be enrolled in the July session 2022 appeal roll as we have already completed the roll for the session and already advertised.Ē
ďAs your matter was not brought before the Court of Appeal on urgency, we have to schedule you on the next available date for settle of record so we pave way forward for the appeal.Ē† Meanwhile the High Court has finally delivered a judgement in which it dismissed an application in which Gaoberekwe Pitsengís family had applied to the Court to have his corpse buried in the Central Kalahari Game Reserve (CKGR).
In his judgement, Justice Itumeleng Segopolo found that the deceasedís national identity card reflects that he was born in 1947 at Metsimanong, a settlement in what is now the CKGR. He also found that Pitsengís corpse has been languishing at a mortuary in Gantsi since December last year.
Segopolo found that that matter was objectively urgent, even if Lesiame may had failed to act promptly; after all, it is impractical to continue keeping a corpse in the morgue, given that there is a limit to how long a corpse can be kept from decomposing and given that financial costs are necessarily incurred.
In the end, the judge said, the case boiled down to the question where the deceasedís right, if any, emanated from to be buried in the place where his family proposed to bury his remains. Segopolo also found that the Court in Sesanaís case was careful to restrict the intended effect of its judgement to those specific applicants who had come before it to claim a right of residence with the environment from which, before declaration of the reserve, they and their forebearers had been drawing their livelihood in a manner harmonious with the objectives for which the reserved was declared.
The judge said it was apparent to the Court that the people occupying the settlements within the Reserve had become increasingly sedentary and less nomadic. ďThis was a change from the age-old way of life where small communities moved from place to place in pursuit of wildlife to hunt, veld produce to gather and water to drink,Ē said the judge. Segopolo said being aware of the special dispensation granted only to the applicants in the Sesana case, Lesiame sought to bring the deceased within the ambit of the decision in the Sesana case.
ďHe asserted that the deceased was one of the unrepresented applicants that the decision in that case, and therefore a beneficiary of the special dispensation that the decision afforded to those applicants,Ē said the Judge.
He added that in order to decide whether or not to grant the first relief sought (to have the corpse buried in the reserve) it is thus necessary to examine whether indeed the deceased was an applicant in that case.
ďTo be counted a litigant in any suit, a person in general and a natural person in particular, must make registered appearance before the court,Ē said Segopolo. The judge found that ďon the papers before me there is no evidence or suggestion that the deceased did any of the abovementioned things in the Sesana case.Ē The judge also added that ďHe is listed by the First Applicant (Mr. Sesana) in that case as being amongst the residents of the Metsimanong settlement in the CKGR.Ē
Segopolo also indicated that former Judge Unity Dow alone amongst the judges in the Sesana case recognized 29 unnamed persons as being ďlitigants on paper only.Ē† According to Dowís judgement. ďThe remaining 29 applicants were not represented and they remain litigants on paper only. Notwithstanding, having launched the case, they remain parties to the case and a bound, for better or worse, the decision of this court.Ē
Segopolo said Lesiameís lawyer, Nelson Ramaotwana argued that, by process of elimination and derivation, these ďlitigants on paperĒ must have included Pitseng. ďHowever, in her reference to these persons, the learned Judge did not elucidate how she had concluded that the unnamed 29 had launched proceedings in the first place. Had they simply been captioned or listed as co-applicants to Mr. Sesana, or had they signed or cognizably marked the originating process?Ē Segopolo said.
He added that ďThe record before me discloses nothing in this regard.Ē The judge also added that ďThe onus to bring cogent evidence of some alleged facts rests upon the party alleging that fact. The Applicant did not discharge that onus.Ē
Om the other hand, Segopolo said, by reckoning of for Chief Justice Maruping Dibotelo, the applicants in the Sesana case were limited to a list of 189 persons, from which list the deceasedís name was albescent. In his judgement Dibotelo said: ďIt is also important to identify who the applicants are so that the outcome in this action binds only those persons.
When the action was instituted, there were 243 applicants and some have since died were not substituted, while others did not come forward.Ē Dibotelo also indicated that: ďOne hundred and eighty-nine applicants have authorized attorneys Boko, Motlhala and Ketshabile to represent them in this action and it is those applicants whose names appear in Table A annexed to judgment who are parties to this action.Ē
Therefore, Segopolo said oneís status as a litigant recognized by law is as objective a matter as locus standi (right to bring a lawsuit); it cannot be conferred by consent, nor by obiter recognition by the minority opinion of a court.Ē He added that ďan omission to demonstrate locus standi cannot be condoned by a court.Ē Therefore, the judge dismissed the application by Pitseng family.
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.
‚ÄúOur young generation grew up being taught about types of families, if homosexuality is passed, at what age will our children be introduced to homosexuality?‚ÄĚ he rhetorically asked.
He continued: ‚ÄúIf 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.‚ÄĚ 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. ‚ÄúThis 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.‚ÄĚ
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.
‚ÄúThere 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.
‚ÄúWhen 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,‚ÄĚ 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 Pyongyang‚Äôs 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 country‚Äôs 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 country‚Äôs 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 ‚Äď 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 ‚Äú‚Ä¶ a case of business robbery‚Ä¶‚ÄĚ
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. ‚ÄúThis 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,‚ÄĚ Moko says.
It is understood that in light of the rhino horns heist in North West, South Africa‚Äôs 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 East‚Äôs 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.
Creecy‚Äôs concerns, which she also shared to South Africa‚Äôs state-run broadcaster SABC, echoed Moko‚Äôs 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)‚Äôs greater involvement in joint investigations by affected countries as there were indications of ‚Äėlocal knowledge‚Äô of the North West job and that syndicates, ‚ÄúHigher up the value chain actually recruit park rangers to the illegal ivory trade network.‚ÄĚ
Botswana‚Äôs 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 ‚Äúincreased demand¬†for rhino horn on the international market‚ÄĚ 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 country‚Äôs 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.
‚ÄúWe 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 Mozambique‚Äôs coastal ports for shipment to the Far East,‚ÄĚ 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 country‚Äôs 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 Africa‚Äôs 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 Zimbabwe‚Äôs Forbes Border Post in November 2022 and February this year.
The end buyers in Mozambique? ‚ÄúIt 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,‚ÄĚ a top government source in Maputo said before declining to divulge more information citing ongoing investigations.
Yi Kang-dae and his accomplice‚Äôs 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 Korea‚Äôs 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.
Pak‚Äôs 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 Pak‚Äôs 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.
‚ÄúThe 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,‚ÄĚ the source says. ‚ÄúThere is no telling if the shady network is dead now given that Han‚Äôs 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.‚ÄĚ
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 Korea‚Äôs illegal earnings from the black market are around $1bn annually, and are being channelled towards the country‚Äôs 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 former‚Äôs president Mokgweetsi Masisi (then vice president) calling North Korea an ‚Äėevil nation‚Äô on 23 September 2016, at a United Nations General Assembly forum in Washington, USA.
Botswana has¬†close to 132,000¬†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 country‚Äôs 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 country‚Äôs 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.
‚ÄúThis 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,‚ÄĚ the statement reads. ‚ÄúThe 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.‚ÄĚ
According to the Botswana government, as of 13 November 2022 the country has secreted its shrinking rhinos (only 285 white rhinos and 23¬†black rhinos) in undisclosed locations within the country‚Äôs 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 Africa‚Äôs 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 Africa‚Äôs 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.
Former President Lt Gen Ian Khama has said he is disappointed by the remarks directed to him by Botswana Congress Party (BCP) President Dumelang Saleshando, but he will just wait and see how far he wants to go with his remarks before he decides whether and how his response should be.