Botswana Building Society (BBS) Managing Director, Pius Molefe has been reported to the police for alleged perjury. Molefe allegedly did not tell the truth while under oath in the over P40 million protracted legal battle between the society and Zambian investor, Baldwin Nchite.

Southern African Furniture Manufacturing Company (PTY) Ltd (SAFCO) is suing BBS for P40, 550, 000.00 for loss of business due to ‘unlawful’ auctioning of the SAFCO’s immovable and movable properties. SAFCO represented by Vandecasteele Attorneys want the money to be paid with a 10 percent interest per annum from the date of the judgement to date of full and final payment.

According a police report seen by this publication, Molefe in his affidavit filed with the court was not telling the truth when he said the prescriptive period for an action for damages is three (3) years and that the alleged wrong upon which the claim for damages is based came to the knowledge of SAFCO in May 2005.

Another claim by Molefe that the police have been requested to ask him for proof is when he said in his affidavit that, “much as SAFCO was registered owner of the properties, some of which on its own account it disowns, the society had a real right over same to the extent that they were hypothecated in the society’s favour. In terms of the loan agreement, and subsequently the judgement of court, it was lawful to attach and execute either and/or both moveable and immoveable property to liquidate and discharge the judgement.”

A police statement by Nchite and seen by this publication therefore calls on the Botswana Police to ask “Mr Molefe to provide proof of the Deed of Hypothecation”. Nchite confirmed that he did report the matter to the police but declined to comment further on the matter.

Detective Sergeant Marapo of CID who is said to be handling the case could not be reached as his mobile rang unanswered at press time after he requested to be called later on.Speaking in an interview BBS's spokesperson Sipho Showa said "we are not aware of that (police report). What we know is that the isue that deals with hypothecation and prescription is part of the case filed before court by Nchite and that is where he wil have to argue about those isues."

Competition Authority’s Director Corporate Services, Tebelelo Pule will next week Monday start her role as Acting Chief Executive Officer of the anti-trust body, Botswana Guardian can reveal.

The outgoing CEO Thula Kaira this Wednesday told Botswana Guardian in an exclusive interview that, “the Minister of Investment, Trade and Industry has engaged an Acting CEO, Tebelelo Pule. She will start from Monday next week until the process of identifying the substantive CEO is complete. I have no doubt that the next person will do better than I did,” he said.

Pule has been with the Authority since inception in 2011 directing the corporate services division. Training of locals for the succession plan has been ongoing at the Authority. It is understood that those who have been on the training process include, Gideon Nkala- Director Communications and Advocacy; Tebelelo Pule-Director Corporate Services; Duncan Morotsi-Director Legal and Enforcement and Magdeline Gabaraane - Director Mergers and Monopolies. Pule has been picked as the preferred candidate of the four.

Meanwhile, as CA celebrates its fifth year anniversary this year, the outgoing chief executive Thula Kaira will today Friday 15th April host and address the media on the Authority’s anniversary. The CEO is expected to highlight some of the major achievements the CA has made since inception.

This briefing would also be the Zambian native’s last address with the Botswana press as Friday 15th will be his last day at the Authority as he completes his five year tour of duty. Kaira is the founding CEO of the Competition Authority. According to a statement from CA, Kaira elected not to seek a renewal of his contract when his term came to an end.

The diversified knowledge, skills and competencies one acquires at Botswana Accountancy College (BAC) are requirements needed to diversify and grow the economy in future.

The college’s Executive Director Serty Leburu said this at BAC’s first-ever open day last weekend which she promised will be an annual event going forward. Leburu explained that as they celebrate 20 years of existence this year they pride themselves in having contributed, immensely to the human capital development of the country.

She said their vision is to be an institute committed to excellence that is recognised in Africa and beyond for providing sustainable market relevant human capital towards a knowledge driven economy.

She said the open day is a platform that allows BAC team to engage and interact with prospective students, parents and the public at large. On the relevance of hosting the open day after the tertiary fair Leburu explained that they needed to have direct interaction with their students and have them tour their premises as well.

“Among the top 10 biggest growing occupations that require college education, software developers, network and computer system administrators are featured in the global 2015 survey” said School of Computing and Information systems Acting Director Stewart Muchuchuti

The open day activities included consultation points on courses, touring the school, getting career advices and inquiries on alternative private sponsorships.

The state has failed to defend a lawsuit which was instituted following a negligent act by Dr Corbet Mcharo at Nyangabwe referral hospital in 2011.

Late last year a broken hearted mother, Lalu Mazhani, 38 dragged the state before Francistown High Court and sued Nyangwabwe hospital for P4.3 million for an operation gone wrong that claimed the life of her 13 year old daughter, Zandile Mazhani a year and some months after it was performed.

Mazhani was also suing for emotional trauma and sought a post mortem report of the cause of her child’s death. The incident followed hard on a periphrastic operation that was carried on her daughter at the hospital which later unintentionally left surgical gauze which later tempered with the child’s well-being.

Delivering his judgement on Tuesday, Justice Bengbame Sechele said the child’s death according to the plaintiff was a direct result of a surgical gauze that was sewn up inside her daughter’s body during surgery. However he said that Dr Mcharo said that there was no negligence in the manner that the surgery was conducted, thereby conceding that a surgical gauze was inadvertently left in the deceased’s body during surgery. He further maintained that the surgical gauze aforesaid did not cause the deceased’s death.

“Most of the evidence that was led at this trial was common cause. It was not in dispute, for example, that a surgical gauze was inadvertently left and sewn up in deceased’s body after surgery. The only dispute there is, is whether such inadvertence was due to negligence and whether the surgical gauze caused the medical complications that ultimately led to deceased’s demise,” said Sechele.

Furthermore he brought to the court’s attention that Mazhani’s evidence in a nutshell was that her daughter was in and out of the hospital. He said that she stated in her evidence that many tests were conducted on her daughter with no luck of helping her to relieve her constant complaints of abdominal pains. Justice Sechele said that a Computerized Tomography (CT) scan was carried out at Nyangabwe hospital. “The result of the scan revealed something on the deceased’s right side,” he said adding that she then booked for a biopsy procedure for the 14 October 2010  which unfortunately before the procedure was due the deceased passed out a surgical gauze when she was relieving herself. Sechele explained that the plaintiff took the gauze to hospital and it was confirmed to be a surgical gauze. However Sechele said that the hospital denied that there was no way in which a gauze could have been sewn in the deceased’s body.

He said that after the gauze was expelled from her body her condition did not stabilise and she was taken to several facilities including Gaborone Private Hospital. “The deceased’s health continued on a downward spiral until she passed away after being re-admitted at Nyangabwe hospital on the 23 June 2011 and passed away the following day,” he said.

Sechele also brought it to the court’s attention an expert, Dr Davis Makwinja who was called by the plaintiff’s attorney to the stand and testified that a surgical gauze was a foreign body. Justice Sechele said that Makwinja cemented his statement saying that since it was not accepted by the body it caused adhesions and perforations in the deceased’s bowels. He also said that Makwinja said that the surgical gauze was in the deceased’s body for three months which brought about calcification in the form of gangrenous growths as the body tried to fight off infection and isolate the foreign object.

“The doctor also maintained that surgical staff was under a duty to account for all the materials used during surgery. Had this been done, the surgical team would have noticed that the surgical gauze had not been accounted for,” he said. He said that Dr Mcharo confirmed that the cause of deceased’s death was bowel gangrene secondary to adhesion bind.

Passing his judgement Sechele considered “Whether the defendants were negligent in the manner in which they conducted surgery on the deceased? Whether or not defendants’ negligence, if any was the cause of deceased’s death? In the event that the defendants’ death whether the plaintiff suffered damages, and if do the quantum thereof.” Having taken all the circumstances of the case Sechele said he will award damages to the plaintiff in the sum of two million pula which will be discounted by ten percent. “The defendant will bear the costs of this action,” he said.

Mbiganyi Mhizha of Chakalisa and Phumaphi Attorneys represented the plaintiff while Wedu Maphane appeared for the State. The mother told this publication outside court that she was happy with the judge’s decision. “Justice has finally been served for my baby girl after five years,” said Mazhani.

A  Kanye woman has written to president Ian Khama complaining about ill-treatment and abuse at the hands of SBRANA psychiatric hospital staff in 2013.

Freelance journalist Ponalo Thobega 35, says she was admitted at the Lobatse mental hospital, following a depressive illness from her childhood challenges. Narrating the incident to BG News, Thobega says she was not disabled when she got admitted at the hospital. Upon arrival at the hospital, she was given Benzhexol tablets, which are usually prescribed for Schizophrenic patients.

“I refused to take them because I knew I wasn’t a psychiatric patient,” she says. She was then locked up with another patient who attempted to commit suicide in front of her. “When I told the nurses about it, they ignored me thinking I was a mental case,” she adds. The patient has since killed herself. Thobega was taken to another room where her room-mate took all her food for the whole week, starving her.

“They locked us inside there and would slide the food under the door,” she states. She would then find a way out of the room and jumped over the hospital wall with the plan to go back home. Unfortunately, some residents of Lobatse saw her and identified her by hospital clothes and forcibly delivered her to hospital security.

‘Skimberly’ style
“Upon arrival, the nurses told me they were going to fix me. There were seven women and one of them just shouted ‘Skimberly!’ They tied my hands to the back, kept my legs crossed and stiffened, and lifted my knees to my waist area for a full hour, whilst taking turns to assault me,” she says, fighting back tears.

Her father John Thobega, who is also an amputee, says he managed to convince the hospital staff to discharge his daughter so that he could take her for medical examination. Her medical record from Princess Marina hospital shows that she suffered painful limbs both upper and lower, joints pain and pain in the abdomen.

The mother of one says she was treated like an outcast at SBRANA. “I cannot walk anymore,” she says, pointing at the psychiatric hospital staff for ruining her life as an independent, single mother. Meanwhile, a preliminary psychiatric report from Princess Marina hospital says her mental condition was within normal range. The exam was conducted in February this year.

“It has not been possible to get collaborative history, save for a single admission in the distant past to SBRANA hospital for a depressive illness. She stopped taking anti-depressants a long time. She had no depression or any discernible mental illness at the time of assessment,” states then acting Superintendent Ishmael Makone.

Official response
SBRANA hospital Superintendent Dr. Mpho Thula said the hospital does not discuss patients with the media, unless the patient has consented through written proof.  He however, said that the hospital retains two types of patients being voluntary and involuntary patients. The former, he said, are those that come willingly and mostly for counselling over depression.

Involuntary patients are the ones committed by legal instruments such as mental disorder acts. The latter are usually brought in by the police because they refuse to be detained. “We don’t beat patients. We usually resort to injecting them. Once they recover sanity, they will then agree to take oral treatment,” he says.

On ‘Skimberly,’ Dr. Thula said it is an informal name used for the physical restraining of patients, who are violent to themselves and to people around them. “We do so on rare occasions if the patient is violent. The purpose is to hold the patient so that an injection can be ministered to him or her, but we don’t beat patients,” he said.

The inherent contradictions in Pelonomi Venson-Moitoi’s campaign to succeed Dr Nkosazana Dlamini-Zuma as Chairperson of the African Union Commission dictates that I also do the unconventional and start with the conclusion.

From where I stand and with all variables considered, including consulting occult forces, it is safe to conclude that it would take a miracle for Venson-Moitoi to win Chairperson of the AU Commission. But having said that, I have been thoroughly cautioned that we live in an age of miracles, where it is possible for “Prophet Mboro” to easily walk into Heaven and take ‘selfies’ with God and ‘come back’ to sell them for exorbitant prices. Magic happens.

Thus, it would take Venson-Moitoi a miracle of ‘Prophet Mboro’s proportions to clinch that ever hotly-contested seat at the AU. Remember, it took South Africa an arm and a leg to ultimately get Dr Nkosazana Dlamini-Zuma win against Jean Ping. Nevertheless, I wish her luck, lots of luck for she will need it in abundance. But before you call for revocation of my citizenship on accusations of being unpatriotic, let us be brave enough and take the elephant in the room by the horns. As far as facts are concerned, the elephant standing between Venson-Moitoi and victory at the AU is Botswana’s foreign policy posture and execution thereof. That is the nemesis. In all fairness, there is little or no credible counter-argument to the thesis that she is now a prisoner of their own design. This puts irreparable damage to Venson-Moitoi’s campaign and leaves it riddled with contradictions of hypocritical proportions.

Taking into consideration Botswana’s engagement or lack thereof with the AU at strategic level, it is hypocritical she now wants to run the secretariat. This is arrogance in any other word and leaves Venson-Motoi’s campaign looking like a self-defeating endeavour, at least for Sudan’s Omar Al Bashir. Despite calls for Botswana to align her foreign policy posture to present realities reaching high decibels, it is all falling into deaf ears.

The Khama regime remains unmoved and unbothered. The unfolding geo-strategic environment of multiple centres of power has no imperative effect on him to align foreign policy with national interests. Hence there has been demonstrable lack of correlation between Botswana’s foreign policy statements and national benefit. This is precisely because Botswana’s foreign policy posture, like all other instruments of national power, has become irredeemable victim of cult of the personality. Our foreign policy has become fluid and directed by individual perceptions - real or imagined. This phenomenon may go a long way to explain our continued lacklustre engagement and participation in the international arena. If there is no interest at strategic level to engage and interact with the international community, there is no way we can have active engagement at operational and tactical level even if there is will to do things differently. 

Frankly speaking, president Khama has no interest whatsoever in the African Union or any other international multilateral forums that can help Botswana project her tiny voice on various issues. Instead of interacting with his counterparts and cross-pollinate ideas and best practices, president Khama would rather go dance polka or ride quad-bikes. However, unashamedly, he would be the first to voice criticism against decisions taken at such forums while he deliberately missed an opportunity to have voiced his differing opinion. This policy of disengagement has become the ‘new normal’ and overarching. It is the same attitude we display towards the UN, Forum on China-Africa Cooperation (FOCAC), US-Africa Leaders’ Summit and other multilateral forums where critical policy decisions are taken.

It is our continued roof-top diplomacy that now puts Venson-Moitoi’s campaign between a rock and a hard place. Talking about inherent contradictions in Venson-Moitoi’s campaign, it is important to know how she is going to navigate through and balance her country’s position with that of the AU on the sensitive matter of International Criminal Court (ICC). Botswana’s position on this matter is well known and steadfast, while on the other hand Venson-Moitoi will have to defend AU’s position on President Omar Al Bashir and other African heads of states indicted by the same court.

How she intends to do it remains a mystery, but certainly she will have to defy either of the two but it cannot be the AU. In fact, if she wins, she will at one point have to directly engage with president Omar Al Bashir and where possible defend him. As of now, Venson-Moitoi’s glimmer of hope lies in that the Francophone vote will split to her advantage, but until that happens, she is certainly on a self-defeating endeavour.

Botswana Guardian has turned up new evidence suggesting that the government - through the troubled Botswana Railways (BR) - was under immense pressure when it finally received the incomplete coaches from South Africa’s Transnet Engineering.

The 22 coaches were received and launched last month by president Ian Khama in Lobatse. Even though allegations of corruption and malpractice were reported (and dismissed) prior and after the launch, the train experienced technical problems during its maiden trip. Information gathered by this newspaper indicates that Transnet was also under pressure to deliver the coaches within the agreed time with the client (BR), something that’s feared, compromised the coaches from undergoing all the required mechanical and electrical tests.

Initially the train should’ve commenced operations in December 2015 as promised by President Khama during a political rally a few months before the 2014 general election when he was launching Botswana Democratic Party Parliamentary candidate for Gaborone Central Rupert Hambira. At that time Khama promised the multitudes that attended the rally that Batswana would be using the passenger train during 2015 Christmas holidays after it was discontinued in 2009. In leaked information, Botswana Guardian has uncovered communications between officials from Transnet Engineering regarding completion and readiness for delivery of the coaches to Botswana. It has also been alleged that the 22 of the 37 coaches worth R280 million which were delivered for the launch were not complete when they left Pretoria, suggesting that all the engineering tests – electrical, mechanical and sign off - were not done by the quality department.

BR is said to have also not participated in the 2000Km fault free trip to ascertain the safety and quality of the coaches. The coaches were engineered and manufactured at Transnet’s Koedoespoort (KDS) and Salt River (SLR) facilities. In one of the documents titled Coach 85478 contains outstanding spares that were needed in Mafikeng urgently for completion of the coach.

These included among others, water filter pipe cab on the emergency brake side, control box for aircon (1), Orange box for aircon, lights covers (5), cover plates between steps and the head stock (4), 20x10 Amps relays, roof aircons (2), door striker plates (4) and all Decals for under-frame components (for example, water tank, retention tank and filtration system).

Botswana Guardian is in possession of emails exchanged between officials at Transnet Engineering conversing on how they should speed up things so as to meet the client’s requirements and try to safeguard Transnet Engineering’s Original Equipment Manufacturer (OEM)’s status. One of the officials - a Technologist (mechanical) in the Product Development Department, Rodney Orsmond told his colleagues in an email on the 11th of March 2016 that “I hereby recommend that a census be conducted on the incompletion statuses of all the coaches with the current design status, after which a formulated plan be compiled that will substantiate the actual completion dates of the required coaches. All the dates promised thus far have only been pies in the sky and therefore never materialised. Please also take note that it is impossible to complete all the coaches on the same date, meaning that a reasonable amount of coaches should have been completed and signed off by now.”

In the same email titled ‘Unibody-Botswana Coaches / Incomplete aircon type tests on Bot 4’ it is revealed that only 1½ days of the five day sitter coach type test process have been completed. “The request yesterday was to shunt the coach into Bay 39 so that a condenser fan problem can be checked and corrected but in the process it was hijacked to do slew and weight distribution tests instead. Please take note that the initial written request was that a mechanically and electrically completed coach was required so that the aircon type tests can be conducted uninterrupted.”

It was also requested that a communication be made when the coach will be available in Bay 39 so that SME (the Air-conditioning Company supplier) can be communicated accordingly after which the tests need to be continued at the shore supply at S9. “Please also take note that due to the double glazed window design of the coaches it is imperative that all the air conditioning systems type tests (sitter, sleeper, buffet, and power car) are completed successfully before the coaches are coupled in a train consist for the final combination tests powered by a power car. It should also be noted that the trainset couldn’t be delivered to Botswana unless all the relevant tests have been successfully completed. Please also take note that water leaks were exposed while the coach was standing in the rain”, reads part of the email.

The technologist expressed his opinion that if they are serious about engineering, product development and business then they should seriously consider the damage that delivery of incomplete/poor quality coaches can cause Transnet Engineering’s reputation and OEM status. He said only non-learning organisations would not be concerned. It has further been discovered that in a race against the deadline a team was put together from Transnet Engineering, Product Development Coaches (PDC), SME and other contracted supplier which worked extended hours in the second week of last month. Some of the team leaders from Transnet according to gathered information were of the opinion that without the coach business success they will have no jobs.

According to the documents each coach type (sleeper, buffet, baggage, power car) was to undergo a series of type tests as stipulated by the client; the complete train set must undergo a series of tests (including a 2000km fault free trip) as stipulated by the client; the test and commissioning specification (PD-PDC-NAT-PROC-0002) be loaded on SAP for perusal and all testing must be backed-up with documented proof.

Reached for comment Minister of Transport and Communication, Tshenolo Mabeo said they are currently involved in a commissioning with engineers from Transnet in every trip of the train. “This allows us to tick to identity the problems that are in the coaches. This will give us opportunity to see whether the product is the one that we wanted. If we are not satisfied with the coach we will send it back because we have a two year warranty. This is something in contractual (agreement),” explained the minister. He denied that the coach delivered was not complete.

He added that the remaining coaches will be delivered next month (May) and the same process of commissioning will be done. Transnet Engineering Corporate Affairs Executive, Zodwa Mashishi had not responded to a questionnaire sent to her. She however in a follow-up email communication responded that she has shared the questionnaire with the company’s official spokesperson’s office, who she believed was out of office travelling. “I will however follow up and find out possible response time from this office,” she said.

Lawyer Reneetswe Rabosotho pleaded with Francistown High Court Judge Barnabas Nyamadzabo on Monday during continuation of trial that his client, Thebe Njavera’s case should not be treated like any other criminal case as he was mentally unstable at the time he committed the offence.

He also pleaded with Nyamadzabo that Njavera’s case should be handled in terms of Section 158 and 160 of Criminal Procurement Evidence (CPE) Act as it is relevant for this matter. The CPE says that when in the course of a trial or preparatory examination the judiciary officer has reason to believe that the accused is of an unsound mind and consequently incapable of making his defence, he shall inquire into the facts of such unsoundness.

Njavera, who was based at Donga BDF Military Barracks in Francistown, allegedly murdered his two daughters, Palesa Ramaditse and Paseka Ramaditse, aged four and two respectively, at Somerset Extension location in Francistown on the 4th of February 2013 after an altercation with his girlfriend. Making appearance for the state was Kuda Mbonini who called a Senior Consultant Psychiatric Doctor at Jubilee Paul Sidandi to the stand.

The Doctor said that he had attended Njavera and made a report on the 30th of March and made a subsequent report on the 13 January 2015. Sidandi said Njavera was referred to him by the BDF psychologist on the 22nd August 2012. He said on that fateful date 34 soldiers were referred to check if they were mentally fit as they were scheduled to go on trip. His findings, he said, indicated that two of the soldiers were mentally unfit and the accused was one of them. He said he then recommended that he should not handle fire arms. Sidandi told the court that the reason for referral was suspicion that the accused could be using drugs.

Dr Sidandi said that Njavera started the relationship with his girlfriend immediately when he started working for the BDF. He said that after impregnating her he denied the pregnancy but later admitted albeit with some doubt. Regarding the second child, he accepted responsibility for the pregnancy without any issues. The doctor told the court that according to the accused’s personal history he used to smoke cannabis and quit in 2011. He stopped drinking alcohol in 2012. He said in 2012 the accused caused a disturbance at his parents’ house and broke furniture for no apparent reason. He also said that he tried to burn the house using cooking gas but neighbours came to the rescue.

He said the police and BDF took him to Central Police station where he was handed to the BDF. Sidandi said that it was this incident which led to the referral and he was diagnosed with depression and prohibited from handling fire arms for six months. Sidandi said after that incident the accused left BDF without leave and sought refuge in Minestone and Somerset where he would drink eight cans of alcohol per day. “He was detained for 45 days, after that he ran away again on two occasions. The first one he was detained for 40 days while the second he was detained for 20 days,” said Sidandi.

The doctor reported that Njavera explained that the reason why he absconded is that he did not like his job as he was bored. He said on that particular day he was depressed and homicidal. Moreover Sidandi said on the 6th April 2012 the accused was delusional and could not be shaken from the belief that his girlfriend was exploiting him. It was then discovered that he never took his depressants and a suicidal tracking scan was conducted and indicated that the accused wished he was dead and wanted to harm himself badly. He said a review report conducted on the 2nd of January 2015 showed that accused’s use of drugs, his refusal to accept his first child, the breaking of furniture, the attempt to burn his parent’s house and himself and chasing people from the house were signs that he had a mental condition.

Sidandi said regardless of all his deeds it was observed that his girlfriend had forgiven him as she visited him in prison and also admitted to being responsible for the pregnancy of the third child she was carrying at the time of the visit. He also observed that accused suffered from filicide. “This refers to the killing of a child (own) who is less than 18 years,” he explained. He said the child can either be killed by biological parents, parental guardians or step parents and it can be committed by both men and women.Moreover he said from the clinical history he had presented he drew an opinion in line with three diagnosis.

“Social and antisocial personality disorder, mental disorder due to cannabis and alcohol abuse and depression which is related to alcohol dependence and psycho-social stresses,” he said adding that a person suffering from this disorder is short-tempered which leads to violence and blame on others. Sidandi said that he then made recommendations which suggested that the accused is better off in a custodial environment where alcohol and drugs are not available. He said it was noted that accused still required extensive counselling, which can be done at Sbrana Hospital.

However he said that it was noted that Sbrana was not secure as there were cases in which a lot of patients have escaped from the medical facility putting others at risk. “I leave it to the court to decide best placement for accused. There is a law for those who commit offence because they are insane,” he said emphasising that there is a mental board which allows them to visit the prison after every six months.

During cross-examination Rabosotho asked if there was treatment for people of the accused’s calibre. “In terms of alcohol and drug abuse, detoxication has been achieved as he has been in a custodial environment. Depression which can be on and off, anti-depressants and stabilisers could help,” he replied explaining that the main problem is mental disorder which involves a prolonged therapy which in prison set-up is done by social workers, visiting doctors, psychologists and psychiatric nurses. However he said that the number of psychologists in prisons is small. Njavera’s attorney further asked the doctor about the number of specialists who deal with people of the same condition of the accused. Sidandi replied that such people were even in hospitals.

Rabosotho then told the court that if it was in the case of a proper criminal trial the accused through his counsel may move the court to acquit and discharge him because there would be no case to answer. “Alternatively the court would rule that the accused has a case to answer,” he said. Njavera’s attorney also said that when this case resumed on the 7th March 2015 parties agreed that the matter should proceed according to 158 & 160 of CPE. He said both parties share the view that the court should depart from the usual procedure. “My submission is that it will be improper to call upon him to answer to acts he committed when he was insane.

In our view that is why the legislature made section 158 & 160 of CPE,” he said adding that the court should find that the accused killed his daughters at the time and place alleged but he was insane when he did so and pleaded that a report of the matter be filed with His Excellency (Ian Khama) for his due consideration while the accused is confined in a mental institution. The court will make a ruling on the 16th of September on whether there is a case to answer but in the meantime Njavera will be remanded in custody while he awaits his fate.

Botswana Meat Commission (BMC) Lobatse has not yet factored how much it could have lost due to the recent suspension of beef exports resulting from the incursion of a buffalo in Zone 11.

Government has now lifted the suspension on movement of cloven-hoofed animals and their products following the outcome of the results that showed the buffalo was Foot and Mouth disease free. In an interview with Botswana Guardian, Brian Dioka
Corporate Communications & Public Relations Manager at BMC said putting a figure to the slaughter/export suspension is still premature.

He said they haven’t factored in – whether there is need to increase slaughter-days or not - and also how much production deficit exists and how it will be addressed. Dioka explained that BMC often produces as per customer’s requests. “When we are faced by such an incident and suspend production, we often alert such customers beforehand and propose for deferment of deliveries/supplies. Possible increases in production overheads would mostly be on engagement of labour for extended periods,” he said.

BMC Lobatse slaughters 600 cattle a day, on a five (5) day shift (from Monday to Friday). Management is still reviewing if extra days would be needed to make-up for lost time (which is 11 days), and how much that will impact the business financially. There is a likelihood that overtime would be required, but that still remains a discussion between BMC and affected staff-members, he said. BMC Lobatse resumed slaughter as of last week Thursday. Dioka stated that although export of beef products which were produced earlier than 11th April 2016 was still on-going. He said the recent announcement by government means that even production of 11 April 2016 going forward will be resumed and sent to respective markets.

He said their Cattle Procurement Practitioners have started contacting all cattle-suppliers to activate buying of their cattle for slaughter, and advising them on best returns achievable through direct supplying of cattle to the BMC Sunnyside Farm near Lobatse and the recently EU registered Dibete farm.

He said as BMC they remain the best and largest off-taker of cattle in Botswana- both communal and commercial, and are normally a price-setter for all involved in the beef-trade. Dioka revealed that their products are globally certified and are part of an elite few (3-4%) with British Retail Consortium (BRC) A-graded facilities in the whole world. “This is a guarantor of best service to both consumers and suppliers of cattle to BMC.

Therefore the resumption of service can only serve as motivation to continue our efforts of turning BMC around, which is already bearing fruits. We also urge farmers to exploit the opportunity of selling cattle to Sunnyside and Dibete farms, for increased returns,” he said.

United States Government has pledged to continue to raise the issue of a Freedom of Information (FOI) Act with the Government of Botswana.

U.S Embassy Charged D’ Affairs, Timothy Smith said this week that it remains their hope that Botswana will soon adopt a FOI Bill that ensures greater openness, transparency and access to information for the people of Botswana. He stated that government will continue with this issue because in 2015, Freedom House rated Botswana only ‘partly free’ when it assessed freedom of the press.

Botswana Government has for years now promised to bring to Parliament FOI Bill through the Ministry of Presidential Affairs and Public Administration. Smith who was speaking during the commemoration of the World Press Freedom Day in Gaborone this week said his government is particularly proud of the important work their media partners in Botswana are doing every day.

“I want to recognise the INK Centre for Investigative Journalism, which was launched by two U.S. Government media exchange alumni in 2015, the Editors Forum, composed of representation from public and private press and Media Institute of Southern Africa. Our support to Botswana’s media groups will continue”, he said.

Smith said in Botswana their ongoing engagement and direct partnerships reflect the two countries’ shared values and commitment to democracy’s fundamental principles, especially a robust and independent civil society and free press. The U.S official stated that the media in Botswana is doing an admirable job of keeping the nation informed and at the same time holding people accountable. Democracy, he said needs this type of strong, diverse and vibrant media to thrive.

He explained that the U.S Embassy’s support for the media encompasses a spectrum of programming and outreach. This includes professional development training, journalists’ exchange and advocacy for access to information, he said. The U.S also values freedom of the press as an essential component of democratic governance, said Smith.

Democratic societies, he said are not infallible, but they are accountable, and the exchange of ideas is the foundation for accountable governance. “In the U.S and in many places around the world, the press fosters active debate, provides investigative reporting, and serves as a forum to express different points of views. This is done particularly on behalf of those who are marginalised in society. The U.S commends journalists around the world for the role they play, and for their commitment to the free exchange of ideas”, Smith stated.

He revealed that the U.S Department of State recently launched its fifth annual ‘Free the Press’ campaign as part of its efforts to mark the importance of a free and independent media in the days leading up to World Press Freedom Day. This year, the fifth anniversary of the campaign, the Department highlights journalists and the media outlets that we have identified in previous years that were censored, attacked, threatened, imprisoned or otherwise oppressed because of their reporting whose situations have not yet improved, said Smith, adding “we will also highlight troubling trends in the persecution of journalists worldwide.”

Illicit trafficking of cultural properties ranks third after trafficking of minerals and drugs, warns principal curator at National Museum & Art Gallery, Winani Kgwatalala.

She is an ethno historian with 25-years work experience in the ethnology division of the museum and is also reading for her PhD on the same subject. Much of our cultural objects like Basarwa’s bow and arrows and clothes and lately rhino horns and elephants tusks among many others, were misappropriated during three distinct periods - first contact with Europeans; colonial period and post-colonial period to foreign lands where they are currently held in museums and are generating huge revenues and incomes for their countries.

This phenomenon, says Kgwatalala, has engendered what is now known as the ‘migrated museum’ whereby cultural objects are found in foreign museums. In fact Kgwatalala makes an astonishing claim that the world’s known largest meteorites – fragments of natural rocks or metals that reaches the earth’s surface from outer space – were found at Kuke in Botswana and then stolen by the Germans during the colonial period and are currently being kept in German museums.
For these reasons, the ethno historian advises Batswana going for studies outside, especially in Europe and the Americas, to make it a habit to visit museums there so they can get to see the large collections of our cultural heritage that were stolen and trafficked to the Diaspora.

These objects and artefacts found their way outside through various forms of manipulation and deceit. In some cases the colonial masters and some of their subjects collected these objects under the guise of research; through excavations or outright looting to keep as private collections or to sell to museums in their countries of origin. The looting continues to this day, aided and abetted in most cases, by conditions of war and conflict in Africa.Kgwatalala says that the United Nations Education, Scientific and Cultural Organisation (UNESCO) have since developed various legal instruments (Conventions) to respond to these challenges although sadly, not many African countries have ratified them. Botswana is working around the clock to ratify these conventions so that she can recover her cultural heritage in the Diaspora or at least have access to it for purposes of research and knowledge sharing.

The instruments include the 1970 Convention on Illicit Trafficking of Cultural Properties, which according to Kgwatalala gives member states leverage to open dialogue with those that have appropriated the cultural heritage; the 1954 Convention on Protection of Cultural Property, which safeguards cultural heritage in cases of armed conflict. Here, Kgwatalala cautions that terrorists often target museums for bombing in times of conflict, so as to loot the museums of their vast cultural properties and sell them for millions to finance their wars.

The convention also extends to assist during natural disasters such as earth quakes and floods by providing and mobilising international experts to salvage cultural properties for safekeeping. These two conventions says Kgwatalala, are hosted by UNESCO which is based in Geneva, Switzerland. She says the UN organisation gave them funds to do awareness campaigns about these conventions and to set on train the process of domesticating them.  The last instrument is the UNIDROIT (Institute for the Unification of Private Law) Convention which is hosted in Italy but works with UNESCO, as it compliment the 1970 convention on illicit trafficking of cultural properties. Kgwatalala says UNIDROIT provides for legal experts to argue cases for the restitution of cultural properties.

Botswana is almost through with the process of ratification of these conventions. Kgwatalala says they have done community awareness about these conventions by addressing kgotla meetings and council meetings; engaged an expert attorney on cultural heritage in Africa from Senegal to align the conventions with existing laws such as the Monuments and Relics Act; formed a national reference committee composed of all critical stakeholders and have been to the inter-ministerial committee on conventions and protocols which gave them the go ahead.

“We are just waiting for a cabinet memo,” and then the process of domestication will be complete, says Kgwatalala. Once ratified, it is hoped Botswana will then embark on the onerous and often painstaking process of reclaiming her cultural properties from the Diaspora- a process that will hark back to the restitution of El-Negro. But Kgwatalala is confident that where there is a will there is a way. As for the meteorites, she says that they know that they are in Germany but don’t yet know the exact museums where they are being kept. However, cooperation by member states that have acceded to these UNESCO conventions will make their work much easier to reclaim what rightfully belongs to them. However, the convention for the restitution of cultural heritage has an inhibiting clause that exempts cultural properties stolen or trafficked before colonial periods from being reclaimed.Asked if they are aware of the existence of these magnificent stones, officials of the Botswana Geo-Science Institute (formerly department of geological surveys) Mojaboswa Koketso and Dr. Gomotsang Tshoso expressed surprise. While they did not know about these “rare” stones, they knew about the incident in the Tuli Block area where not so long ago, there were reports from Stellenbosch University that meteorites would fall there.

“We did send our team to the area to look for remains after reports that people in the area had witnessed magnificent lighting in the sky, but they did not find anything,” said Koketso.Dr Tshoso said the meteorites are fragments of rocks that fall from space as a result of activity in the stratosphere and may cause natural disasters like fires, earthquakes, depression or even wipe out a whole town, depending on their size. Meteorites are those ‘shining stars’ that frequently shoot across the galaxy like burning balls, but what eventually falls to the earth surface are fragments of the iron rich rocks.

Koketso added that the benefits of meteorites are that they attract geologists, scientists and thereby promote tourism in the area they have fallen. Kgwatalala makes a link between cultural heritage and intellectual property, saying there are certain properties and artefacts that fall with the spiritual realm and cannot be allowed to remain outside their places of origin.

Minister of Minerals, Energy and Water Resources Kitso Mokaila will on May 10 meet with members of the Botswana Mine Workers Union - BCL branch to respond to a petition they handed him recently.

Mokaila confirmed the meeting in an interview with Botswana Guardian but could not go into details. The situation at the BCL mine, which employs close to 5000 people, compelled miners to protest to Mokaila last week. They told this paper that the situation has gradually deteriorated and requires major changes in the shortest time.

“The productivity and profitability of the company, safety standards together with employees’ morale declined drastically following the departure of the then general manager Montwedi Mphathi,” reads the petition. 
In addition to the job losses, below are issues that the union wants Mokaila to address:

Pay structure
The union wants the minister to find out why BCL pay structure is ‘top-heavy,’ that is, pays management from MP1 level a lot more than it does to the rest of the workforce below, especially union members. Average monthly salary is currently P1 450, having gained a P50 increment and P90 per month as underground allowance since the last petition in 2014. “These are people who dig copper but earn peanuts. They work in the most risky areas of the mine and suffer many fatal accidents,” it says.
Housing allowance

The union wants to know why the housing allowance for its members is at P388, which is far below the market rate, citing the P2 200 rental for low cost Botswana Housing Corporation houses as an example. The problem, they say, is that allocation of company houses at BCL is selective and discriminatory in favour of managers with some of the union members having waited to get a house for more than 20 years.

Apartheid style living conditions
Mokaila is also tasked with explaining why management of BCL is dragging its feet in converting hostels into studio type single accommodation as per an agreement signed by the two parties in 2014. “This form of accommodation was used by apartheid masters but BCL still uses it to house more than 800 employees who are deprived a chance to stay with their families against their will.”

Transportation of Shaft workers
In addition, the minister will respond to why transportation of employees at No. 1 and 3 shafts is not being done to the extent that employees have to hire public transport or walk to work. Further, why medical boarding package is equivalent to six months’ worth of salary despite that in a majority of cases medical boarding arises from work related causes.

Unsafe mining methods
BCL unionists also want Mokaila to investigate methods used for mining and lack of compliance with mining regulations, use of fixed term contract employees and lack of training, which compromises mine safety, resulting in frequent fatal accidents witnessed at the mine. A total of seven fatal accidents and 89 lost time injuries were recorded between January and February 2015. 15 mine workers died on duty underground at BCL in the last five years.

Withdraw business reorganisation
The union’s position is that the current business reorganisation must be withdrawn pending finding of the commission, adding that they see it as a plot by management to cover up their costly failures at the expense of employees and the company. They want the minister to examine viability of the BCL Polaris II as a strategic business diversification initiative and possible depletion of cash reserves.  

Botswana, formerly the Bechuanaland Protectorate gained her independence from the British in 1966 mainly as the result of incessant agitation by Phillip Matante.

He had in 1962 and 1963 addressed the United Nations committee on decolonisation demanding immediate independence for this country. One of the features of colonialism especially in Africa was rampant and violent racism. For Matante, independence meant more than a mere change of guard. He wanted a complete overhaul of the colonial superstructure in favour of one that promotes social, political and economic justice.

Even before the Bechuanaland Protectorate became the Republic of Botswana, Matante, who had witnessed and experienced racism in South Africa first hand, had running battles with the colonial administration over racial regulations and practices in the Bechuanaland. Racism was practised both by administration officials as well as the business community. For instance, out of the total number of 35 members constituting the Legislative Council (LEGCO), only 12 of them were Africans.

Professor Zibani Maundeni of the University of Botswana notes in Botswana Politics and Society that, “The Botswana Peoples’ Party (BPP) demanded an end to racism and no reserved status for whites in the post-colonial order, it opposed separate communal representation which it labelled racism; it opposed the awarding of business licences based in favour of whites, it opposed the recruitment of white South Africans into the civil service, it opposed racially determined salaries or unequal pay for work within the civil service and it opposed the long standing incorporation of Bechuanaland into South Africa as a Bantustan.”

Most employees in the civil service came from South Africa and this, the Matante-led BPP found repugnant. “For instance, by 1957, there were 302 European officials employed by the British civil service in Bechuanaland and of this group, almost two thirds or 196 were citizens of South Africa,” writes Professor Maundeni.

Matante led mass demonstrations especially in Francistown, Lobatse and Palapye against racist practices not only before but even after independence. According to Benedict Bayani in his research essay submitted in partial fulfilment of the requirements for the Bachelor of Education (B. Ed) in 1992, “In May 1962, he got hold of a letter written by a certain Mrs Smith of Farm No. 46 at Tshesebe whose contents in part read, “...most natives steal and have lice and suffer from venereal diseases, owing to their immorality and they are mostly heathen and uncivilised.”

Levit, a Francistown businessman said, “Natives are thieves and criminals,” after the Blacks picketed his stores during a demonstration as they held banners and posters advising the public not to buy from any of his stores. The BPP leader, says Bayani, challenged racial discrimination in public places, notably in trains, hotels and as practised by the Dutch Reformed Church. To highlight the racial bigotry of the Whites, he often quoted Daniel Malan, former Prime Minister of South Africa who once said, “If there is a place for a black man in Heaven, then it must be in the kitchen.”

So reviled by the racists was he that he would demand that they must leave the country. The BPP leader whose full names were Phillip Parcel Gaonwe Matante was already affectionately called PG. His calls for the white racists to ‘pack and go’ earned him the alias “Pack and Go” which became another PG. Matante’s militancy against racism forced the LEGCO to set-up a select committee to review all racially discriminatory laws and regulations in the territory. Due to Matante’s incessant agitation, the constitutional talks were held in 1963 (some five years earlier than had been planned).

In 1965, PG led his party into the elections winning only three out of the 31 seats available. As Member of Parliament (MP) for Francistown and Leader of the Opposition (LOO), Matante continued to expose the neo-colonial tendencies of the departing British as well as fight white racism in independent Botswana. His demands for a localisation policy resulted in foreigners being employed in the civil service only on a contract basis. Among other reasons, the BPP lost the 1965 general elections because it was, as a matter of policy, at variance with both traditional authority and racial condescension in equal measure. Meanwhile, the people, who respected dikgosi as their true leaders, were not comfortable with the BPP which they found rather confrontational and a threat to their privileged status. They identified better with Seretse Khama, himself a kgosi.

Interestingly, albeit to a limited extent, the Tribal Land Bill which took the powers of dikgosi, alienated dikgosi from the ruling party. The dikgosi were later also infuriated by the Chieftainship Act which empowered the President to dethrone any kgosi he deemed incompetent. Kgosi Bathoen Gaseitsewe of the Bangwaketse joined the opposition Botswana National Front (BNF) while Kgosi Linchwe sympathised with the BPP in Mochudi. The BDP lost the two constituencies.

Just like dikgosi, the business community, consisting mainly of Whites and Asians were jittery about BPP policies which advocated good working conditions for employees, just wages as well as localisation of the civil service. The apartheid South African government, led by Hendrick Verwoerd, congratulated Seretse Khama of the Botswana Democratic Party (BDP) for winning the elections at the expense of the BPP which Verwoerd considered too radical. Even Khama’s ban on Seretse entering South Africa was lifted! In parliament, Matante addressed bread and butter issues.

According Bayani, in 1965, during the second meeting of Parliament, he passed a vote of no confidence in the BDP government whose legitimacy he challenged on the claims that the elections had been rigged. Matante also accused the BDP of having used bribery and intimidation at the elections. Relentless ‘PG’ would later move a motion demanding that the Kalanga language be used in the school curriculum. He accused the BDP of “a gross violation of fundamental human rights” by denying Kalangas the learning of their language.
So infuriated by Bakalanga politicians in the BDP such as Mundongo Maswikiti and Amos Dambe for refusing to support his motion was Matante that he called them sellouts. Ironically, the two were members of the Kalanga Student Association and the Kalanga Cultural Association in the early 1950s. The two associations stood for the promotion and preservation of Kalanga language. 

Bayani records that, “On matters pertaining to the state security, he advocated for a revolutionary defence policy to build a strong army from the able-bodied young Batswana with the aim of defending the country from external aggression. He was viewed as a dreamer then.” Before long, however, Matante was vindicated when the Rhodesian Army staged several incursions into Botswana ostensibly in hot pursuit of freedom fighters.

The several border incidents that ensued no doubt highlighted our vulnerability as a country. “PG led a mass demonstration in Francistown to the District Commissioner’s (DC’s) offices demanding that tougher security measures be taken to protect the people in the North East and Francistown,” says Bayani. In the midst of this, Matante pointed an accusing finger at white government officials at the Office of the President, including his namesake, Phillip Steinkamp, as security threats.

He insisted that they were agents of the Rhodesian Army who leaked information about the country’s security situation to the Rhodesian army. In 1969, Matante, whose party stood for free and compulsory education with an emphasis on a curriculum that combined academic work and vocational training, passed a motion in Parliament against the increase of school fees from 10 shillings to ten pounds per annum. His argument was that, the increase would make it hard for many children to go to school because their parents were, in the main, poor.

Matante also disapproved automatic promotion at school preferring instead, for a child to repeat a class until they register a pass for them to proceed to the next level. He lamented the introduction of English medium schools preferring, instead, a unitary education system. According to Matante, with English medium schools, “The country would become a victim of class distinction.” He argued that English medium schools “...were visible eggs of class consciousness.” The products, he said, would be “British assimilados.” Matante is credited with the introduction of the Botswana currency and Pula and Thebe in 1976 away from the Rand and Cents. “His criticisms of the government policies were perceptive and reflected the national concern. He was a man of vision. Most of the concerns he raised are a reality today like the creation of social classes due to the education system, linguistic question, problems of drop-outs and the army,” observes Bayani.

Matante also advocated for moral discipline. By several motions, he called on government to do something about loose morals before the collapse of the social fabric. Bayani says Matante blamed the whites, low wages and unemployment, among other things. It is on record that by the time Matante died on October 25th 1979, some five days after the general elections that year, he had, since 1965, passed motions on segregation, both medical and educational issues, unemployment, the legitimacy of government, wages, security and localisation, among other matters. They were almost all thrown out.

According to Bayani, “The BDP realised it would be suicidal to adopt PG Matante’s motions. Rather, a number of them were presented in an amended form by the BDP parliamentarians and were accepted. Despite the non-acceptance of his motions, his contributions to the well-being of Botswana were remarkable.”

Botswana Network on Ethics, Law and HIV/AIDS (BONELA) says action should be taken against perpetrators of sexual abuse and exploitation of children including those who fail to protect children from these crimes.Following the Sebina saga in which the councillor of the village allegedly impregnated a 16-year-old girl, BONELA has urged the Ministry of Education and Skills Development and the Ministry of Local Government and Rural Development to address the issue of teenage pregnancy.

BONELA urged the two ministries to devise programmes to prevent the sexual exploitation of children, in order to ensure the protection of children from sexual exploitation. According to the Policy and Legal Advisor of BONELA, Phaza Molebatsi, their concern as an organization that works for the promotion and protection of children’s rights who are vulnerable, is that leaders must be held accountable in this matter.

“In our letter we among other things and in pursuit of justice for the child, we called upon both Ministries to hold duty bearers accountable as prescribed by Section 25 (2) of the Children’s Act which outlaws failure by parents, teachers and any other persons to report a case of child abuse or exploitation or conniving with a person who sexually abuses or exploits a child,” explained Molebatsi. He said that up to date no official address has been issued in respect of the reports, except for the statements issued by leaders about themselves and not the child.

“We would have expected responsible government departments to advise us of measures taken towards the issue,” said Molebatsi. BONELA also lamented that up to now their letter regarding clarification on the Children’s Act which states that ‘a child is a person below the age of eighteen years’ in order to judge clearly and protect children has not been responded to.

“We are disappointed to inform you that that to date we have not received any response or at least an acknowledgement of receipt of our letter. We therefore sense that the two ministries are not determined to address this issue and seek justice for this child or any other children who find themselves in this kind of situation,” he said.

On the other hand, BONELA in partnership with Ndadi law firm embarked on a fact-finding mission that entailed a trip to Sebina. They found that indeed the girl is pregnant with the councillor’s child. “We have now determined that the girl is indeed pregnant and that she fell pregnant after attaining the age of 16 years, laying to rest the speculation that she may have been defiled” states BONELA.

Despite desperate attempts by some quarters including the Minister of Education, Unity Dow to trivialise the Sebina issue, it is becoming clear that they must scramble for better ways to keep skeletons locked in the closet. Desperate times call for desperate measures. Clearly the multi-pronged underhand tactics  deployed to make the issue 'disappear' from the radar of topical issues are not bearing any fruits. May be some other time.

The Sebina issue is particular in the sense that it speaks loud to a wide spectrum of issues. It is not only about the helpless position that the rural girl-child often finds herself in, but it is also about political indignity that we continue to endure at the hands of politicians. This indignity comes in various forms but it is best captured in the common expression that “Batswana forget easily.” Unfortunately, despite this statement remaining unproven, it has come to be admitted as an undeniable ‘fact’ that explains our political psychology. Sad enough, we continue to do very little to invalidate this humiliating ‘hypothesis.’ Rather, we continue to reinforce it by finding our vote worth a packet of Minestrone soup. The oddity lies in that, this anomaly has come to be the ‘new normal’ and even pursued aggressively as a matter of government policy.

This popular view that we forget easily and the now entrenched sense of impunity amongst our leaders may be a partial explanation to the answer repeatedly given by the Assistant Minister of Education, Fidelis Molao on his alleged role in this matter. Molao has gone on record to allege that a “fake account had been created to generate the fictitious conversation” and that he has reported the matter to the police and has even handed over his phone to them. Summarily, Molao is dismissing authenticity of the alleged conversation. From a security point of view, this is where the story gets interesting, perhaps too interesting.

Let us start with what is possible with Facebook. It is indeed possible to create a ‘pseudo’ Facebook account or even multiple of such accounts because there is no method for verifying anyone’s actual identity on Facebook or any other social media site simply by viewing the profile page online. These would have to be totally new accounts. But, this is very different from claiming that an already existing Facebook account has been ‘faked’ or recreated to exist in the same Facebook platform. I am not aware of this security loophole and doubt even Mark Zuckerberg is, because ‘ideally’ every Facebook account has unique security credentials associated to it.

The same applies to web mail accounts. It is not possible to have same email addresses existing on the same emailing platform. Then to negate or confirm the ‘fake account’ claim forensic experts would have to get from Facebook, the access logs for the account. This would include the creation date and time for the profile and the IP address that was used to access the Internet to create the profile. Having the subscriber information would potentially show that the subscriber for the IP address at the time of the posting or account creation is the same as the person who made the posting.

The second way to get evidence from Facebook via consent is when the owner of the profile gives consent for the profile to be accessed for the purpose of collecting information from the profile. If you are able to get consent to access the profile by logging into the profile with the provided username and password, it is best to have a third party such as a forensic examiner, perform the collection of the data. When you have access to the profile, you can use the Download Archive function on their Facebook Accounting Settings page to download everything in the profile.

In many cases Facebook users also receive notifications on their smart phone or pad computers in addition to the computer they use. All of this can potentially be recovered using forensic tools such as XRY of which I am confident is available to Botswana Police Service. Forensic tools can allow an examiner to recover web pages from a computer hard drive and show them in their original condition. If recovery of the actual page is not possible, other pages from the profile may be recoverable to establish that the person is the owner of the profile and accesses it on a regular basis.

Also, the Internet history from the computer may also provide dates and times that the Facebook profile were accessed from the computer. The challenge with any kind of electronic or digital evidence is authenticating the evidence so it can stand as a foundation for admittance of the evidence in a court of law. This foundation from a technical perspective involves being able to show the court that the evidence is identical to the original and was collected in a forensically sound manner.

Lobatse High Court Judge Michael Leburu says the right to good name and or reputation and media freedom are competing rights.He explained that the freedom of the press, which is subject to limitations, is subsumed under the freedom of expression and it is protected under section 12 (1) of the Constitution. He said the requirements for the granting of an interdict are a clear right, even though it may be open to some doubt; an injury actually committed or reasonably apprehended and the absence of a similar protection by any other remedy.

The judge said all limitations of this right have to comply with the requirement espoused under the Constitution. “The right to good name and reputation, which also has limitations is a personality right protected under the law of delict. The limitations on the right to good name and reputation may be found under legal defences relating to defamation, among them publication of a defamatory article that is not only truthful, but also in the public interest”, said Leburu when delivering judgement in case in which Collins Newman and Company (CNC) wanted Business Weekly and Review Newspaper to be interdicted from publishing alleged defamatory articles.

The judge explained that these rights and freedoms are subject to the dynamics of limitations, as reasonably justified in a democratic society, and pursuant to all applicable laws and or the Constitution. It is these dynamisms that calls for a delicate balancing exercise between the competing rights, Leburu stated. He said courts have found that where constitutional rights themselves have the potential to be mutually limiting - in that full enjoyment of one necessarily curtails the full enjoyment of another and vice versa - a court must necessarily reconcile them.

He said they cannot be reconciled by purporting to weigh the value of one right against the value of the other right and then preferring the right that is considered to be more valued, and throwing away the other because all protected rights have equal value. Leburu said the applicants in his view have a reasonably arguable case.“However an interdict to stop further publication of the alleged defamatory articles is not appropriate. An interdict is also inappropriate because such an order may bring to an end such articles that strike at the heart of Lady Justice, or put differently, the Administration of Justice. A court document, which admittedly was forged was filed with court by an attorney of this court in an attempt to support an application for rescission of default judgement”.

The judge said court have found that if an interdict may result or bring to an end the impugned article, then an interdict may not be appropriate, viewed within the prism of the fundamental role of the media within a democratic society. Leburu is of the view that the said articles furthermore bring into sharper focus the alleged regulatory lapse on the part of a key institution within the democratic society namely Bank of Botswana (BoB) in the discharge of its statutory functions over a regulated bank, which has since been liquidated and thus the need arises for the public to be appraised on such matters. “An interdict to stop publication of the impugned articles, which reported on a court judgement, in my view will have effect of denying members of the public access to courts within the rubric of the common law principle of open justice.”

CNC together with its senior partners approached the High Court seeking an interdiction order to restrain the Business Weekly and Review from further publishing defamatory articles. The law firm is accusing the newspaper of continuing to publish defamatory stories about it and its senior partners, Parks Tafa and Rizwan Desai flowing from a judgement passed by Gaborone High Court Judge Dr Zein Kebonang in the case between CNC, Bank of Botswana and EBC Guernsey in which an attorney with CNC was found to have forged a court document.

The allegations of forgery against the law firm emerged after the BoB approached the High Court in a bid to stop EBC Guernsey from attaching its property to reclaim a P27 million debt arising from the winding down of the defunct Kingdom Bank. Attorney Machinya of CNC acting on behalf of BoB was said to have forged a High Court stamp in order to submit its opposing papers timeously before the set deadline to stop EBC Guernsey lawyers Minchin and Kelly from attaching BoB’s property.

In his founding affidavit in the present case, Tafa stated that the purpose of the application is not to muzzle the respondents from publishing material, which is true, fair, and in the public interest. “The applicants, as attorneys, deeply value the freedom of the media to investigate and report on matters of public importance. The integrity of each person participating in any aspect of the administration of justice is naturally of public interest and none of the applicants dispute that certain matters arising from the Judgement are deserving of public attention and debate”, said Tafa.

According to Tafa’s affidavit CNC has operated as a law firm since 1977. It is an estimated leader in the field inter alia of commercial advice and litigation and the largest legal firm in Botswana. It is presently a member of a prestigious Africa Legal Network (ALN) group of leading law firms across the continent. Further, he said CNC has operated to the highest ethical and legal standards and that professional integrity of the people employed by CNC has always been of utmost importance.

Single commodity dependent Botswana, risks losing some of its due benefits, that include sales taxes, following the signing of a historic deal between De Beers and Namibian government, Botswana Guardian has been told.

This week, mining giant, De Beers signed ten-year sales, sorting and valuing agreement with the Namibian government. Under the new agreement, Namibia will see a significant increase in rough diamonds made available for beneficiation, with $430million of rough diamonds being offered each year to a 50:50 Joint Venture between Namibia government and De Beers, called the Namibia Diamond Trading Company (NDTC).

NDTC will be sorting diamonds on behalf of Namdeb Holdings, a company owned by the same shareholders. According to persons familiar with diamond business, the De Beers/Namibian deal bear the same similarities with the deal, which Botswana signed with the same company some five years ago. For Botswana, the deal has all the hallmarks of reversing and affecting the gains made by the country since De Beers relocated its office from London to Botswana under a deal signed in September 2011. The agreement included the relocation of De Beers office to Botswana, where all sorting, valuing and selling of all De Beers mined diamonds, including those in Namibia, will be done in country.

It was not clear, at press time what prompted De Beers to sign a similar deal with Namibia. De Beers will, for the first time, allow 15 percent of Namdeb Holdings’ yearly run-of-mine production to be made available to a government-owned independent sales company called Namib Desert Diamonds.

On Wednesday, a source who is familiar with Botswana agreement with De Beers, said that the country stands to be affected. “If the deal is implemented as it has been stated, then Botswana’s sales will be affected as some of the produce it used to handle will now be diverted to Namibia,” said the source, who could not be named, as the opinion may put him in a collision course with the three parties (De Beers, Botswana and Namibia).

In a response to Botswana Guardian questions, De Beers confirmed that ‘there will be a slight reduction in the value of rough diamonds imported into Botswana from Namibia for aggregation’. However, the unlisted company said Botswana will still retain the lion’s share in terms of diamonds sold annually. It added that the Namibian deal will not affect its agreement with Botswana. It is exciting times in Namibia. The Namibian minister for mines and energy, Obed Kandjoze is thrilled about the deal which will propel the country to international stardom in the diamond business, which for years Botswana was the only one enjoying in the region. 

“This new agreement cements Namibia’s position as an important international diamond player and will provide further stimulus to advance our downstream industry. De Beers and Namibia have a longstanding and successful partnership and I am pleased we will continue working together for the benefit of Namibia and the diamond industry,” he was quoted as saying by Mining Weekly online edition.  De Beers’ CEO Phillipe Melleir is also excited. “This sales agreement – the longest ever between Namibia and De Beers – not only secures long-term supply for De Beers, but also ensures that Namibia’s diamonds will continue to play a key role in national socioeconomic development long into the future,” he said in a statement. Botswana minister responsible for minerals, Kitso Mokaila could not be reached immediately for comment as he is currently in Angola on a working trip.

When the Botswana/De Beers deal was first hatched, the country was supposed to sell diamonds in excess of $6 billion annually from De Beers mines. Head of Research at Motswedi Securities, Garry Juma stopped short of saying it is still early days. “More information is still lacking such as current output that is coming from Namibia to Botswana for aggregation process. This can be used to measure the impact, if now more diamonds are being availed in the Namibia market under the latest deal.”

Botswana Telecommunications Corporation Limited (BTCL) along with Subex has been awarded the 2016 prestigious Global Telecoms Business Innovation Awards under the ‘Business Service Innovation’ category.

The BTCL project with Subex was selected as one of the most Innovative projects during the awards ceremony held last month in London, England. BTCL emerged winner over 100 nominations submitted into the Global Telecommunication Business category.

The initiative resulted in a leakage identification of over USD 4 Million and savings of close to USD 1.7 million. The two parties entered into a strategic Managed Service contract for the Revenue Assurance system in 2014 with the sole objective of minimizing leakages across the revenue chain.

Head of Revenue Assurance and Fraud Management, Boitumelo Gabaake –Kauta said the award is a first for BTCL at such an international forum. The Global Telecoms Business Innovation Awards recognise the most innovative projects in the industry and is probably the most prestigious award in the telecommunications sector.

The awards ceremony celebrated the collaboration and partnership between operators and vendors whilst recognising the industry’s commitment to deliver exciting and innovative services to its customers worldwide. Gabaake –Kauta said the engagement between BTCL and Subex has been a successful demonstration of a highly effective managed services model and is a classic example of a business partnership between a vendor and operator, wherein both organizations are working towards common goals and objectives by making use of their individual strengths.

Some of the winners in different categories included Huawei Technologies, Vodafone India, Ericsson, CISCO and Turk Telecom.

Subex Limited is a leading global provider of Business and Operations Support Systems (B/OSS) that empowers Communications Service Providers (CSPs) to achieve competitive advantage through Business and Capex Optimization - thereby enabling them to improve their operational efficiency to deliver enhanced service experiences to subscribers.

BTCL is a leading Information and Communication Technology (ICT) services provider in Botswana and the region. It has a telecommunications infrastructure that is one of the most modern in Africa with a network, composed of an all-digital microwave and fibre optic system with digital exchanges providing high quality service. beMOBILE, the mobile arm of BTCL, was established in 2008. It has the widest network coverage in Botswana reaching almost 90% of the population.

The Botswana Defence Force  (BDF) Commander Lt General Gaolathe Galebotswe this week confirmed that his organisation has interest in procuring   new fighter jets to replace an aging fleet of their F5s.

Among the   type of   fighter jets the BDF   is interested in is the Swedish made Gripen, which the army is said to have recently developed interest in procuring. Appearing before the Public Accounts Committee  (PAC) chaired by MP for Kanye South Abraham Kesupile on Monday, Galebotswe confirmed that his organisation was interested in acquiring a fleet of new jets to boost their air defense capability. 

“The Gripen should fit within this area and give us a certain edge. Fighters (planes) can be jet or turbo propelled. In capability definition we should be able to operate in contested and uncontested space,” said the commander.

“I am talking about revitalising the BDF, when I came in we were looking for platforms we have to rebuild, the current F5 planes gave us reach, it was part of the air defense capability.” However, Galebotswe said they were looking at the life cycle of the old fleet, as well as its operating cost per hour. Said Galebotswe, “We were looking for something   to replace the F5, and we considered the F16, the Russian Mig, a Chinese jet.

The Gripen was also part of the that process.”Moreover, Galebotswe confirmed that there was dialogue in place to consider the Gripen as a replacement. “If this deal happens it will be between the two governments (Botswana and Sweden). The Gripen has the lowest operating cost.”

However, Galebotswe said that there was no concrete agreement and no allocation of funds to purchase the planes. The BDF boss was responding to a question from PAC   member and MP   for Bonnigton South Ndaba Gaolatlhe who wanted to know if the BDF had ordered fleet   of Gripens or any other form of jets and whether this was a priority for the army to build their capability.

The Ministry of Finance and Development Planning has written a letter to the Permanent Secretary to the President, Carter Morupisi asking him to intervene in finding out why some projects that have been funded over the years have not been implemented.

The ministry’s Permanent Secretary, Solomon Sekwakwa disclosed this when appearing before to members of the Public Accounts Committee (PAC) on Wednesday. The finance PS did not mention specific projects that were funded but never carried out.

However, Sekwakwa did not also disclose the amount of money involved in the projects in question. “There are other delayed projects and this is a norm across all ministries,” he said. In addition one the Accounting Officers from the Finance ministry suggested that the PAC be given the mandate to call units responsible for such projects and question them on the delay of delivery.

For his part, PAC Member and Tati East legislator, Guma Moyo wondered why the ministry has not received a response from the PSP, since the letter was delivered in December 2015.  “There should be a response,” Moyo said. The Ministry of Agriculture has a lot funded projects, but the output especially to economy is still low, Moyo said as a matter of fact. In response, Sekwakwa answered by stating the sector’s performance was performing satisfactorily.

According to data from Statistics Botswana the sector contribution to Gross Domestic Product (GDP) in the three months leading up to December 2015 was at P801, 9 million. This is a sharp increase compared to the same period last year of P787, 8 million.