The Fields Mall dragged to court over GCET Show
A legal battle between Interlink Communications (Proprietary) Limited and the newly built Fields Mall over the much anticipated technology show schedules for the 22nd of this month has begun.
Davies Tamali , the owner of Interlink Communication has filed papers before High Court Judge Dr Godfrey Radijeng where he seek an urgent interdiction of the Gaborone Consumer Electronics & Technology (GCET) show pending the final determination of the ownership of intellectual property rights over the event and damages based on misappropriation of intellectual property rights.
According to Tamali, GCET is the brainchild which was originally called “Tech Expo Botswana” as he ideated, conceptualised, organised and delivered the event details on behalf of Interlink Communications to the management of the fields Mall.
His papers further insist that the concept was introduced to the respondents through a proposal document sent by emails and Whatsapp on Monday the 8th of May 2023 as a request for venue usage and pricing.
According to Tamali, the respondents unlawfully and maliciously got hold of his proposal, took it unbeknown to him and presented themselves to the public, world at large to be the owners and original creators of the event.
“It is worth noting that the fields mall was actually the second venue center to be approached by the Applicants to host the event, with the first being Fairgrounds Holdings. The fact that the event can be hosted by other venues is a clear indication that the applicant is the owner of the event.”
Tamali pled with court to treat the application with urgency because by the time the action proceedings are heard in the ordinary course, the respondents would have finished planning his event and sharing his ideas even with other parties.
“On the basis of the conduct of the respondent, the matter is so urgent it cannot proceed in accordance with the normal Court processes given the times, as to so do will defeat the very purpose which is to preserve the status quo and to ensure that my rights are protected through a judicial process.”
CASE BACKGROUND
According to Tamali, the issue began after Davies had received the quotation costing from Fairgrounds Mall, which in essence he thought were beyond his pricing budget.
“This led to a request for quotation phone call on or about 7 May 2023 between the Tamali and Ayanda an employee of the fields who works under the supervision of the Nazly Dawood.”
Davies advised Ayanda that he was looking for a suitable venue to host a technology expo to be called “Tech Expo Botswana” which led to Ayanda asking what the expo was about. Following which Ayanda then advised that she would speak to her boss, Nazly about the event.
Tamali reveals that on the 8th May 2023, he followed up with Ayanda and she advised that she had not yet managed to speak to her boss.
He says that on the 15th of May 2023, he made another follow up and he was advised that Nazly wanted more details about the event so that she would be better placed to make a determination and final decision thereafter.
According to court papers, on the 17th of May 2023, Tamali followed up again and Ayanda advised that she had not yet managed to speak to her boss since last update, however she asked Tamali to call her later and when he called she advised that Nazly had asked for a detailed proposal so they can determine how to assist.
“It is common cause that on 17 May 2023 following the phone call with Ayanda, Tamali submitted a written proposal via email to the following email addresses; info@thefields.co.bw and nazla@thefields.co.bw using a link to Ayanda and Nazly requesting a quotation to use the Fields Mall as a venue for Tech Expo Botswana”
It is further revealed that on the 19th of May 2023, Tamali followed up with Ayanda and the Nazly. He was told that they were still discussing the issue hence they would get back to him.
“On 23 May 2023, Tamali sent a copy of the information pack to Ayanda on whatsapp. He then followed up with a phone call, upon which he was dismayed to hear Ayanda stated that they were also hosting a similar event called “Gaborone Consumer Electronics & Technology Show 2023” so they could not host his event.”
According to Ayanda, the started organizing the same event in May during the Gaborone Motor show.
“On or about 22 or 23 May 2023, I received a call from an individual who identified himself as Christian (The first respondent), who I now know to be the forefront of the current impeding GCET. He called me under the false pretense of being under the employ of fairgrounds holdings requesting information of how much I had paid for the fairgrounds venue”. Wrote Tamali.
He says that he advised him that the venue has not being paid yet, Christian then proceeded to ask why he advertised for an event that he has not yet paid for.
“I then explained to Christian that I had mentioned to his colleague Kesego that I would be advertising the event so that I get a general feel of how receptive the community was to such an event. I then asked Christian if he had spoken to Kesego, I must note that his demenour changed as he showed that he did not know Kesego at all. At that point I realised that Christian was not under the employ of Fairgrounds holding.”
Tamali reveals that after the phone call, he google searched and found that there was a show titled GCET Show 2023, and discovered that it was advertised on facebook using the date and his venue.
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BPC Signs PPA with Sekaname Energy
The Botswana Power Corporation (BPC) has taken a significant step towards diversifying its energy mix by signing a power purchase agreement with Sekaname Energy for the production of power from coal bed methane in Mmashoro village. This agreement marks a major milestone for the energy sector in Botswana as the country transitions from a coal-fired power generation system to a new energy mix comprising coal, gas, solar, and wind.
The CEO of BPC, David Kgoboko, explained that the Power Purchase Agreement is for a 6MW coal bed methane proof of concept project to be developed around Mmashoro village. This project aligns with BPC’s strategic initiatives to increase the proportion of low-carbon power generation sources and renewable energy in the energy mix. The use of coal bed methane for power generation is an exciting development as it provides a hybrid solution with non-dispatchable sources of generation like solar PV. Without flexible base-load generation, the deployment of non-dispatchable solar PV generation would be limited.
Kgoboko emphasized that BPC is committed to enabling the development of a gas supply industry in Botswana. Sekaname Energy, along with other players in the coal bed methane exploration business, is a key and strategic partner for BPC. The successful development of a gas supply industry will enable the realization of a secure and sustainable energy mix for the country.
The Minister of Minerals & Energy, Lefoko Moagi, expressed his support for the initiative by the private sector to develop a gas industry in Botswana. The country has abundant coal reserves, and the government fully supports the commercial extraction of coal bed methane gas for power generation. The government guarantees that BPC will purchase the generated electricity at reasonable tariffs, providing cash flow to the developers and enabling them to raise equity and debt funding for gas extraction development.
Moagi highlighted the benefits of developing a gas supply industry, including diversified primary energy sources, economic diversification, import substitution, and employment creation. He commended Sekaname Energy for undertaking a pilot project to prove the commercial viability of extracting coal bed methane for power generation. If successful, this initiative would unlock the potential of a gas production industry in Botswana.
Sekaname Energy CEO, Peter Mmusi, emphasized the multiple uses of natural gas and its potential to uplift Botswana’s economy. In addition to power generation, natural gas can be used for gas-to-liquids, compressed natural gas, and fertilizer production. Mmusi revealed that Sekaname has already invested $57 million in exploration and infrastructure throughout its resource area. The company plans to spend another $10-15 million for the initial 6MW project and aims to invest over $500 million in the future for a 90MW power plant. Sekaname’s goal is to assist BPC in becoming a net exporter of power within the region and to contribute to Botswana’s transition to cleaner energy production.
In conclusion, the power purchase agreement between BPC and Sekaname Energy for the production of power from coal bed methane in Mmashoro village is a significant step towards diversifying Botswana’s energy mix. This project aligns with BPC’s strategic initiatives to increase the proportion of low-carbon power generation sources and renewable energy. The government’s support for the development of a gas supply industry and the commercial extraction of coal bed methane will bring numerous benefits to the country, including economic diversification, import substitution, and employment creation. With the potential to become a net exporter of power and a cleaner energy producer, Botswana is poised to make significant strides in its energy sector.
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UDC deadlock: Boko, Ndaba, Reatile meet
It is not clear as to when, but before taking a festive break in few weeks’ time UDC leaders would have convened to address the ongoing deadlock surrounding constituency allocation in the negotiations for the 2024 elections. The leaders, Duma Boko of the UDC, Mephato Reggie Reatile of the BPF, and Ndaba Gaolathe of the AP, are expected to meet and discuss critical matters and engage in dialogue regarding the contested constituencies.
The negotiations hit a stalemate when it came to allocating constituencies, prompting the need for the leaders to intervene. Representatives from the UDC, AP, and BPF were tasked with negotiating the allocation, with Dr. Patrick Molotsi and Dr. Philip Bulawa representing the UDC, and Dr. Phenyo Butale and Wynter Mmolotsi representing the AP.
The leaders’ meeting is crucial in resolving the contentious issue of constituency allocation, which has caused tension among UDC members and potential candidates for the 2024 elections. After reaching an agreement, the leaders will engage with the members of each constituency to gauge their opinions and ensure that the decisions made are favored by the rank and file. This approach aims to avoid unnecessary costs and conflicts during the general elections.
One of the main points of contention is the allocation of Molepolole South, which the BNF is adamant about obtaining. In the 2019 elections, the UDC was the runner-up in Molepolole South, securing the second position in seven out of eight wards. Other contested constituencies include Metsimotlhabe, Kgatleng East and West, Mmadinare, Francistown East, Shashe West, Boteti East, and Lerala Maunatlala.
The criteria used for constituency allocation have also become a point of dispute among the UDC member parties. The issue of incumbency is particularly contentious, as the criterion for constituency allocation suggests that current holders of UDC’s council and parliamentary seats should be given priority for re-election without undergoing primary elections. Disadvantaged parties argue that this approach limits democratic competition and hinders the emergence of potentially more capable candidates.
Another disputed criterion is the allocation based on the strength and popularity of a party in specific areas. Parties argue that this is a subjective criterion that leads to disputes and favoritism, as clear metrics for strength and visibility cannot be defined. The BNF, in particular, questions the demands of the new entrants, the BPF and AP, as they lack a traceable track record to support their high expectations.
The unity and cohesion of the UDC are at stake, with the BPF and AP expressing dissatisfaction and considering withdrawing from the negotiations. Therefore, it is crucial for the leaders to expedite their meeting and find a resolution to these disputes.
In the midst of these negotiations, the BNF has already secured 15 constituencies within the UDC coalition. While the negotiations are still ongoing, BNF Chairman Dr. Molotsi revealed that they have traditionally held these constituencies and are expecting to add more to their tally. The constituencies include Gantsi North, Gantsi South, Kgalagadi North, Kgalagadi South, Good Hope – Mmathethe, Kanye North, Kanye South, Lobatse, Molepolole North, Gaborone South, Gaborone North, Gaborone Bonnignton North, Takatokwane, Letlhakeng, and Tlokweng.
The resolution of the contested constituencies will test the ability of the UDC to present a united front in the 2024 National Elections will depend on the decisions made by the three leaders. It is essential for them to demonstrate maturity and astuteness in resolving the constituency allocation deadlock and ensuring the cohesion of the UDC.
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Repeat flight-risk suspect pays the piper
In Botswana, the Constitution Section 5 (3) (b) provides that conditions of bail are necessary to ensure that an accused appears at a later date for trial or for proceedings preliminary to trial. These conditions may include restrictions on interfering with state witnesses, the payment of a certain amount, the provision of sureties, the submission of travel documents, reporting to the police regularly, and appearing for all court mentions or proceedings. Failure to abide by these conditions can result in the revocation of bail. Robert Seditseng, a murder accused who has been detained since 2016, is currently facing the consequences of not adhering to his bail conditions – therefore paying the piper.
Despite numerous unsuccessful bail applications over the past five years, Gaborone High Court judge Michael Leburu denied Seditseng bail this week. Seditseng had requested to be set free before his trial starts on April 12th, but his freedom will now depend on the verdict. He is charged with the murder of his girlfriend, Siscah Mutukee, on June 22nd, 2016, in Charleshill.
Judge Leburu ruled that Seditseng is not a candidate for bail due to being a flight risk, as he has previously absconded from court. Defense lawyer David Ndlovu pleaded with the court to consider the time Seditseng has already spent in prison, but Leburu questioned whether there was any guarantee that Seditseng would not abscond again, given that he had done so twice before.
An affidavit from Investigations officer (IO), Constable Kedibonye Botsalo, supports the view that Seditseng is not a suitable candidate for bail due to his tendency to abscond when granted bail. The affidavit explains that Seditseng was initially denied bail by the magistrate court due to ongoing investigations and the possibility of tampering with evidence. However, a concession was later made by the prosecution, and Seditseng was granted conditional bail by the lower court.
The court documents reveal that Seditseng failed to appear before court on March 7th, 2016, without providing any explanation. As a result, a warrant for his arrest was issued. The case proceeded without him on several occasions until he finally appeared before court on July 13th, 2017. On that day, Seditseng’s bail was revoked due to his inability to provide valid reasons for his absences.
On October 4th, 2017, Seditseng was granted bail for the second time. However, he was once again absent from court on October 31st, 2017, without providing any reasons. He continued to be absent from court on five subsequent occasions until his arrest and appearance before court on August 30th, 2018.
During a period of nine months, Seditseng absconded from court without providing any reasons for his actions. This repeated pattern of absconding demonstrates a clear disregard for the bail conditions and raises concerns about his willingness to appear for trial.
Given Seditseng’s history of absconding and the potential risk of him doing so again, Judge Leburu’s decision to deny him bail is justified. The purpose of bail is to ensure the accused’s presence at trial, and Seditseng has repeatedly shown a lack of commitment to fulfilling this obligation. It is crucial to prioritize the safety of the community and the integrity of the justice system by keeping flight-risk suspects like Seditseng in custody until their trial is concluded.
In conclusion, the denial of bail to repeat flight-risk suspect Robert Seditseng is a necessary measure to ensure his appearance at trial. His history of absconding from court and failure to provide valid reasons for his actions demonstrate a disregard for the bail conditions and raise concerns about his willingness to face justice. By denying him bail, the court is prioritizing the safety of the community and upholding the integrity of the justice system.