Magistrate sues Chief Justice over transfer
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Molepolole Magistrate, Kefilwe Resheng is taking government to court to oppose the decision to transfer her to Mahalapye, amid concerns with her security.
Resheng has cited the Chief Justice, the Chief Registrar of the High Court and the Attorney General in her application to court.
In her founding affidavit placed before High Court Judge, Boipuso Tshweneyagae, Resheng said that herapplication is meant to protect her rights particularly the right to health, safety, security, protection of the law, protection from inhuman and degrading treatment as envisaged by the Constitution, adding that particularly because that there is no law in their jurisdiction protecting such rights of Magistrates.
To protect such rights I seek temporary declaratory orders from the Court pending the institution and finalisation of review proceedings against the decision of the 1stand 2ndRespondents (the chief justice and the chief registrar of the high court), she wrote in her affidavit.
BACKGROUND OF THE CASE
Reshengexplained on her founding affidavit thatshe has worked for the Judiciary since the May 2010 as a grade three Magistrate in Palapye.
She saidon the 1stOctober 2019 she was transferred from Mochudi Magistrate Court to MolepololeMagistrates Court at the position of Principal Magistrate. She was thentransferred from Molepolole Magistrates Court to Mahalapye Magistrates Court by the letter dated 5thApril 2022 and her transfer was to commence from 1stMay 2022.
I accepted the transfer, and communicated such acceptance verbally to the Regional North and South and Chief Magistrate Molepolole, said Resheng on her affidavit.
She alluded that she then arranged a meeting with the Chief Registrar through her secretary for purposes of accepting her transfer formally, however the meeting did not materialise because the Chief Registrar’s secretary advised she was too busy at the time to meet.
On the 3rdMay 2022 I reported for duty at Mahalapye Magistrate Court as required by my transfer letter.I had a meeting with His Worship Solomon Setshedi (Head of Station for Mahalapye) who briefed me about the station and promised to do a proper handing over with handing over notes, she wrote.
Resheng said that shewas advised by Regional Magistrate North that she was replacing Setshedi and taking over that station in due course, but that his transfer was still in the pipeline.
She saidsince Setshedi had not received any letter of transfer himself there was no accommodation or office space for her in Mahalapye, and she discussed the issue with the regional Magistrate North.
She revealed thatshe was then advised to remain in Molepolole pending the resolution of all the administrative issues.
On 17thMay 2022 I was viciously attacked and assaulted by an accused by the names Mogorosi Korae whilst executing my judicial functions in open court, the events leading to my attack are detailed in a Police report I recorded, she wrote.
She statedthat she was rescued, not by any member of staff, Police or Prisons officials, but by a civilian in attendance at the court premises on the day.
On the same date of the attack I sought medical attention and after consultation with the doctor I was put on sick leave from the 18thMay 2022until 27thMay 2022. This was due to the fact that I was diagnosed with acute Post Traumatic Stress disorder said Resheng on her affidavit.
She stated that on the 31stMay 2022 she was attacked verbally by two accused persons in two different cases.
In the case of Kgotla Mothupi,an inmate facing charges of burglary started off by bursting into court and being rowdy during the proceedings of another case that was heard before his. He was screaming saying I will show her, she doesnt know who I am. I am not going to appear before her.
Resheng wrote thatafter she presided over the matter that was ongoing, Mothupis matter was then called. She said he (Mr Mothupi) continued to hurl insults and threats and made it known to her that there was a vendetta by the Molepolole inmates to harm her.
As if to add salt to the wound, up next to be heard was the case of Keorapetse Barakanye who was appearing for charges of robbery in a case where he is accused of robbing Payless Molepolole at gun point, she said.
She added that she could not finish fast enough because the attack caused her a relapse and was attended to at Gaborone Private Hospital where a General Practitioner referred her to a specialist psychiatrist for treatment of Post-Traumatic Stress Disorder.
My psychiatrist and psychologist wrote reports recommending that I be moved from Molepolole being the place where I was attacked by Mogosi Korae, Kgotla Mothupi and Keorapetse Barakanye,Furthermore, I should not be transferred to Mahalapye as it is the place where Keorapetse Barakanye threatened to find me and also kill me, she wrote.
She stated that her then Attorney Rantao then wrote and delivered a letter to the offices of the Chief Justice and Chief Registrar requesting that they consider transferring her as per the doctor’s recommendation, on medical grounds.
I need to state that even my clinical psychologist whom I started seeing after the assault, Ms Christina Bitsang, had also formed an opinion after my assessment that my full recovery was dependent on having the support of my family and, obviously, working in Gaborone or its surroundings where they are close by, wrote Resheng.
She indicated that her employer did not respond for at least two (2) months.
On the 1stAugust 2022, I wrote through my then attorneys Rantao Attorneys to the 1stand 2ndRespondents requesting directions on the matters before them concerning my transfer as I was due to report for duty and since the response substantively said nothing about the concerns raised by the doctors, wrote Resheng.
She indicated that her attorneys received a response on the 9thAugust 2022 indicating that they were still engaging their lawyers over the matter but that in the interim the transfer to Mahalapye still stood and that she will be informed in due course when the Mahalapye Magistrate has arrived.
Unfortunately, on the 16thAugust 2022 I had a second relapse whilst at work at the Molepolole Magistrates Court.The situation was so dire that I had to be transported by a work vehicle from work to see a doctor as it was an emergency, she wrote.
She said she was then placed on sick leave ending on the 10thSeptember 2022.
I have now come to the conclusion and/or realization that the Chief Justice and Chief Registrar conduct amounts to a refusal to reconsider my transfer on medical grounds to Gaborone or surrounding areas within commuting distance, she wrote.
GOVERNMENTS ANSWERING AFFIDAVIT
Juliana Dube Gobotswang, the Chief Registrar, wrote in her answering affidavit that she ha enquired through WhatsApp on the wellbeing of Resheng, which she stated that she was seeing a psychologist.
Our safety, wellness and environment officer had also been checking up on her to find out how she was doing. We further had resolved to pay for the applicant’s medical expenses which were in the form of psychologist bills, we however much state that we do not know the frequency of her doctors visits, Gobotswang wrote.
Gobotswang revealed that Resheng does not have the right to refuse to report for duty at Mahalapye when she has accepted transfer, when she has been replaced as head of station at Molepololeand when she accepted transfer allowance.
The applicant does not even have the right to force other magistrate on transfer, as the effect of insisting that she be placed at a certain station without even establishing the availability of a vacancy would result in this magistrate having to pave a way for her, she wrote.
Gobotswangs affidavit indicated that Reshengs position remains unoccupied in Mahalapye and that as a result of her note reporting at Mahalapye, there will now be a shortage of staff causing a delay in the resolution of cases.
A continued absence will negatively impact upon the rights of the litigations before the Mahalapye court who have a right to have a right to have their cases determined without unreasonable delay Gobotswangs affidavit read.
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BTC launches the 3rd Francistown Marathon 2024 and handover proceeds to the 2nd Francistown Marathon beneficiaries
Botswana Telecommunications Corporation Limited (BTC) has announced that its 3rd Francistown Marathon will be held on Saturday 20th April 2024 at Obed Itani Chilume Stadium in Francistown. The BTC Francistown Marathon is officially recognised by World Athletics and a Comrades Marathon Qualifier will offer race categories ranging from 42.2km, 21.1 km, 10km, 5km fun run, 5km peace run for children and has introduced a 5km and 10km categories for wheelchairs athletics.
BTC also used this opportunity to announce beneficiaries who received donations from proceeds made from the 2nd BTC Francistown Marathon that was held on April 23rd 203. BTC donated a play area, plastic chairs and wooden tables for pupils worth a total of thirty eight thousand, one hundred and three pula, fifty thebe each (P38, 103.50) to Monarch Primary School, Tatitown Primary School, Mahube Primary School and Gulubane Primary School. Ditladi and Boikhutso clinics each received a donation of benches, television sets and 10, 000 litre water tanks worth thirty seven thousan, eight hundred and ninety eight pula (P 37, 898.00). Additionally, BTC also donated seventy thousand pula (P70,000.00) to their marathon technical partner, Francistown Athletics Club (FAC) which will be used for daily operations as well as to purchase equipment for the club.
The BTC Francistown Marathon aligns seamlessly with BTC’s corporate social investment programme, administered through the BTC Foundation. This programme is a testament to BTC’s dedication to community development, focusing on key areas such as health promotion. The marathon, now in its third year, not only promotes a healthy lifestyle but also channels all proceeds to carefully chosen charities as part of BTC’s commitment to impactful and sustainable projects.
Speaking at the launch, the BTC Managing Director Mr Anthony Masunga stated that the marathon underscores BTC’s commitment to community upliftment and corporate social investment. He stated that “the annual event which has been in existence since 2016, having taken a break due to the covid and other logistical issues, is instrumental to the economic upliftment of the city of Francistown”. He congratulated all the beneficiaries for having been nominated to receive the donations, adding that “the donation of proceeds from the 2023 marathon aims to highlight BTC’s commitment and heart for Batswana and our continued impact in the different industries”.
He further stated that through this marathon, “we demonstrate our steadfast commitment to having a good influence on our communities, this event is a manifestation of our dedication to promoting education and a healthier, more active society”. He concluded by stating that “BTC looks forward to another successful marathon that will leave a lasting positive influence on the greater Francistown community and the country at large” he said.
Giving welcome remarks, the Councillor for Donga, Honourable Morulaganyi Mothowabarwa stated that “he is ecstatic that BTC is collaborating with the City of Francistown on yet another installment of the Marathon”. He continued to offer his support to BTC to enable this marathon to continue over the coming years, stating that the “CSI element is a welcome development that helps empower our communities”, he said.
The 3rd BTC Francistown Marathon is officially open for registrations and athletes may use the following platforms to register and pay; through Smega by dialling *173# and choosing opton 5, then choose Option 3 for the Francistown marathon, at any BTC store or by visiting the BTC website and clicking on the BTC Francistown Marathon and choosing the relevant options.
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Letsholo lauds President Masisi’s digitization in fight against corruption
Thapelo Letsholo, Member of Parliament for Kanye North, delivered a moving speech at the United Nations International Anti-Corruption Day commemoration, praising President Dr. Mokgweetsi Eric Keabetswe Masisi’s digitalization initiative in the fight against corruption. Letsholo highlighted the importance of embracing digitalization in governance as a crucial step in curbing corrupt practices.
According to Letsholo, the implementation of digital systems in government services can significantly reduce direct interactions between citizens and officials, which often serve as fertile grounds for corruption. By minimizing these opportunities for illicit activities, the efficiency and transparency of public services can be enhanced. Letsholo pointed to Estonia’s success in digital governance as an example, where public services have become more transparent, accessible, and efficient.
The MP commended President Masisi’s commitment to digitalization and E-Governance, emphasizing that it aligns with global anti-corruption standards. He called for full support and active participation from all sectors to ensure the success of this initiative.
Letsholo also stressed the importance of improving detection methods and refining whistleblower laws to effectively combat corruption. He highlighted the unseen and unspoken facets of corruption as its lifelines, emphasizing the need for robust detection mechanisms and a system that encourages and protects whistleblowers.
Addressing the societal role in fighting corruption, Letsholo focused on the crucial role of everyday citizens and civil servants who often witness corrupt practices firsthand. He acknowledged the existing reluctance to report corruption due to the perceived risks of repercussions. To change this narrative, Letsholo advocated for creating an environment where staying silent is deemed more detrimental than speaking out. He called for a cultural shift where the potential benefits of exposing corruption outweigh the risks, ensuring that whistleblowers are protected and feel secure in coming forward.
Letsholo called for collective responsibility and action in creating a system that not only detects and reports corruption but also supports those who stand against it. He expressed hope that under President Masisi’s digitalization initiatives, the future of governance in Botswana will be characterized by integrity, transparency, and accountability. Letsholo’s speech resonated with the sentiments of hope and determination that permeated the commemoration, emphasizing the need for unity in the fight against corruption.
In summary, Letsholo lauded President Masisi’s digitalization initiative in the fight against corruption, highlighting its potential to curb corrupt practices, enhance efficiency and transparency in public services, and align with global anti-corruption standards. He emphasized the importance of improving detection methods, refining whistleblower laws, and creating an environment where speaking out against corruption is encouraged and protected. Letsholo called for collective responsibility and action in creating a future characterized by integrity, transparency, and accountability in governance.
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FaR property assets value clock P1.47 billion
FaR Property Company (FPC) Limited, a property investment company listed on the Botswana Stock Exchange, has recently announced its exceptional financial results for the year 2023. The company’s property asset value has risen to P1.47 billion, up from P1.42 billion in the previous year.
FPC has a diverse portfolio of properties, including retail, commercial, industrial, and residential properties in Botswana, South Africa, and Zambia. The company owns a total of 186 properties, generating rental revenues from various sectors. In 2023, the company recorded rental revenues of P11 million from residential properties, P62 million from industrial properties, and P89 million from commercial properties. Overall, the company’s total revenues increased by 9% to P153 million, while profit before tax increased by 22% to P136 million, and operating profit increased by 11% to P139 million.
One notable achievement for FPC is the low vacancy rate across its properties, which stands at only 6%. This is particularly impressive considering the challenging trading environment. The company attributes this success to effective lease management and the leasing of previously vacant properties in South Africa. FPC’s management expressed satisfaction with the results, highlighting the resilience of the company in the face of ongoing macroeconomic challenges.
The increase in profit before tax can be attributed to both an increase in income and effective control of operating expenses. FPC managed to achieve these results with fewer employees, demonstrating the company’s efficiency. The headline earnings per linked unit also saw an improvement, reaching 26.92 thebe, higher than the previous year.
Looking ahead, FPC remains confident in its competitiveness and growth prospects. The company possesses a substantial land bank, which it plans to develop strategically as opportunities arise. FPC aims for managed growth, focusing on consumer-driven developments and ensuring the presence of supportive tenants. By maintaining this approach, the company believes it can sustainably grow its property portfolio and remain competitive in the market.
In terms of the macroeconomic environment, FPC noted that inflation rates are decreasing towards the 3% to 6% range approved by the Bank of Botswana. This is positive news for the company, as it hopes for further decreases in interest rates. However, the fluctuating fuel prices, influenced by global events such as the war in Ukraine and oil output reductions by Russia and other Middle Eastern countries, continue to impact businesses, including some of FPC’s tenants.
FPC’s property portfolio includes notable assets such as a shopping mall in Francistown with Choppies Hyper as the anchor tenant, Borogo Mall located on the A33 main road near the Kazungula ferry crossing, and various industrial and commercial properties in Gaborone leased to Choppies, Senn Foods, and Clover Botswana. The company also owns a shopping mall in Mafikeng and Rustenburg in South Africa.
The majority of FPC’s properties, 85%, are located in Botswana, followed by 12% in South Africa and 3% in Zambia. With its strong financial performance, competitive position, and strategic land bank, FPC is well-positioned for continued growth and success in the property market.