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BOPA News on 31 January 2001

Confirming the judgement of the trial court in Lobatse, Acting President of the Court of Appeal, Justice Akinola Aguda dealt with the question of misdirection by Judge Aboagye and the none disclosure of the immunity against prosecution of Hennie Coetzee as raised earlier by Advocate Desmond de Silva in defence of Bosch.

He said the argument of de Silva was that the appellant was convicted because Judge Aboagye shifted the onus of proof of Bosch's innocence on her, and that she was unable to discharge her.

Aguda said he believed that it was the duty and responsibility of the Court of Appeal to ensure that no substantial miscarriage of justice had occurred in the verdict that had been delivered by the trial court as in the Bosch's case.

Upon evaluating evidence led in Bosch's trial, Aguda said her story was obviously incredible and that no reasonable person could believe it.

He said in his view, it was absolutely impossible to hold that Aboagye was in error by disbelieving the allegation that it was Coetzee and not Bosch who murdered Wolmarans. He said Aboagye was right in totally rejecting the evidence of Bosch's two daughters, Chairmaine and Sone because of the terrible contradiction and reason of their relationship with Bosch.

He said although the defence portrayed Coetzee as the murderer, "we have a massive body of evidence against the appellant which can lead to no other conclusion except that Bosch and no one else murdered the deceased," he said.

"The evidence that Coetzee left the braai at 8.30 pm was nothing but mere fabrication," he added.

He said it was absolutely impossible for any jury to believe the story of Bosch as opposed to the solid body of evidence incriminating her, adding that the quality of evidence against Bosch was such that no miscarriage of justice had been done.

Aguda said Bosch appeared to be a callous and wicked woman who was prepared to sacrifice the life of an innocent person in order to save hers. The loophole in her evidence, he said, were numerous that the whole evidence had the appearance of a " basket or a fishing net which cannot hold water".

Aguda said Bosch very carefully planned the murder even though the execution of the plan went badly wrong, her motive was wicked and despicable.

He said in her attempt to see to it that Coetzee hanged for the murder which she knew that he had not committed, Bosch got people who, for reasons only known to themselves, to come to court to give palpably unbelievable evidence .

Both Justice Julian Nganunu and Justice Patrick Tebbutt agreed with Aguda's judgement.

Tebbutt said Bosch's story that she gave the gun to Coetzee was so improbable that it could not reasonably be true.

Looking at the evidence in total, he said, he was of the opinion that Bosch had a motive for killing the deceased.

He said the cumulative effect of the evidence in that case pointed incontrovertibly to Bosch's guilt beyond reasonable doubt and that despite the irregularities in the trial court, there had been no miscarriage of justice.

Justice Nganunu said having read the separate judgments of Aguda and Tebbutt he found it necessary to agree with their judgements. Lizo Ngconco appeared for the state.

A news release from the Ministry of Commerce and Industry says Minister Tebelelo Seretse singed the agreement on behalf of Botswana while her Indian counterpart, Murasoli Maran, singed for his country on January 12 this year in New Delhi, India.

The release says that the agreement is expected to strengthen commercial and economic relations between Botswana and India.

The agreement encourages investment, technological co-operation, exchange of visits of delegations of business people, participation in fairs and exhibitions and the sharing of information by the parties and their natural and juridical persons.

While in India, Seretse delivered a keynote address at an investment seminar organised by the Federation of Indian Chambers of Commerce and Industry.

The seminar was an initiative of a Delhi office that represents the Botswana Export Development and Investment Authority.

According to the release ,there is a growing interest in Botswana among India's business people and, there is, therefore, a planned mission to Botswana next March.

The release also says health minister Joy Phumaphi, who was a guest at the event, got the chance to interact with representatives of some pharmaceutical companies who attended the event.

Rose Mandevu of the AIDS/STD Unit in the Ministry of Health said although the CHBC conference was estimated to cost P1,7 million not all the money would be paid by government but as organisers they were mobilising resources to meet their budget.

"Gaborone Sun Hotel has agreed to sponsor our guest of honour for two nights at their executive suite and we have approached Motor Centre to assist in transporting her." Mandevu said Air Botswana would transport 15 participants along their routes free of charge and Game Store has also promised to assist in transporting volunteers during the conference.

Harvard AIDS Institute is said to have pledged US$ 10 000.

"We are appealing to different organisations to assist us. This is in the spirit of multi-sectoral approach to the problem of HIV/AIDS," Mandevu said.

On conference rapportuers, how they were selected and at what cost Mandevu said there was no tendering because the cost was less than P100 000.

"We approached three companies and Oakwood was selected because it was the lowest bidder." However, Mandevu would not comment on how much the rapportuer would be paid.

Asked to comment on the issue, Oakwood officials also refused to say how much they are going to be paid and referred BOPA back to the AIDS/STD unit.

There is some controversy surrounding the selection of the rapportuer who it is said will be paid P80 000.

It is alleged that one of the Oakwood bosses shares a house with one AIDS/STD Unit officials and that is why the company was selected at such a high cost.

The duo, who were unopposed, told the House, which started its 84th sitting, that they would work hard to justify their re-election. A specially elected member, Kgosi Kalaben replaces Kgosi Seepapitso who has been sent to Washington DC as Botswana's ambassador to the United States of America.

In his comments, Kalaben complained that the House was not accorded the respect it deserved.

He said people were given the wrong impression that the House was meant to discuss cultural issues, saying dikgosi discussed cultural issues in their own areas.

The House instead discussed issues relating to the executive and legislature and advises the National Assembly.

Kalaben said the House tackled a variety of issues including those raised by politicians. And contrary to misconceptions among civil servants that the House could only meet when there was government business, the House could convene any time as long as there were matters to be discussed.

Kalaben said he was impressed by the recognition and cooperation the House received from President Festus Mogae.

He praised Mogae for appointing a commission to identify, among other things, ways of strengthening the House of Chiefs.

He credited Mogae for being the first president ever to convene a meeting between dikgosi and Cabinet ministers "to get them to work together for the common good" of the country.

Local Government minister and MP for Gaborone central Margaret Nasha told the participants that littering is a major concern raised by people in kgotla meetings.

Nasha said some members of the public have the misconception that keeping the environment tidy is the sole responsibility of the city council.

"City council isn't coping, the work is just too much for them, let's help them and imitate IDM in this initiative," urged Nasha.

Village ward's Councillor Marie Sola reminded the participants that cleanliness is next to godliness and urged each person to make a difference wherever they are.

She encouraged everybody to understand that no matter how insignificant it may seem, each one makes an impact in their own right.

The Social Responsibility Committee, which is chaired by Macie Molebatsi, organised the campaign.

"We realised that as we teach social responsibility, it is time not to just want money from the public, but to take back something into the community," Molebatsi told BOPA.

She said the committee, which was put together in October last year, started by donating a TV and VCR to the Princess Marina Hospital' children's ward last December.

The campaign being their second involvement with the community is "just the beginning and we hope to put in more".

Moatlhodi told Chapi that Tonota constituents complain about malfunctioning telephones and the delay in installing telephones in their homes.

He requested the BTC to install public booths that use coins and cards so that people could have an alternative if one booth is not working. He cited Mokubilo, Natale, Shashe Mooke, Makobo and Mabesekwa as having manifested the need.

In response, Chapi explained that the corporation intends to spend P400 000 to clear 180 applicants in Chadibe and Shashe Mooke villages. Connection work starts in Shashe Mooke next month.

Chapi said the BTC has installed public payphones at kgotla in Makobo and Mokubilo but it cannot expand the network because of low demand.

He said the corporation would continue to invest money to connect applicants in villages such as Mathangwane and Borolong; it would also review its network in Natale for possible expansion to meet the demand.

Speaking at Botswana Democratic Party victory celebrations at Pilikwe in the Tswapong South constituency over the weekend, Khama said politicians were like priests and as such they should not expect economic gains from some of their social undertakings.

He emphasised that political representatives were not bosses but servants of the people and should do their best to live up to the promises they made during political campaigns.

The Member of Parliament for Serowe North said the electorate had done their part through electing them to power and the rest was upon the politicians to prove their worth.

He observed that through the will of the people, the Botswana Democratic Party has become a formidable force to reckon with.

One of the speakers at the celebration Isaac Serumola said his constituency has never had any people defecting to the opposition, but instead members of the opposition tended to defect to his party in large numbers.

About 49 people from the opposition defected to the ruling party and the MP for Tswapong South had the opportunity to welcome them into the ranks of the ruling party.

Some of the BDP stalwarts present at the occasion included the Member of Parliament for Mahalapye Lieutenant General Mompati Merafhe, MP for Ghanzi Jonny Swartz, MP for Thamaga Gladys Kokorwe and other high ranking BDP officials.

A news release from health authorities gave out a number of preventive and precautionary measures which the public must follow such as thoroughly washing hands with clean water and soap before handling food and after use of the toilet and care when buying food from the street vendors as the food may be contaminated.

The public must also avoid the use of raw vegetables and seafood when one has travelled to those countries where there is an out-break of the disease.

It says care should be taken in ensuring that water from rivers and ponds was boiled before use and that human waste was strictly disposed of in toilets or latrines.

Those who recently travelled outside Botswana should check with the nearest clinic, if they suddenly develop abdominal pains, diarrhoea and vomiting.

When tabling the motion Kgosi Sebele said the ranch, which is rich in game, has been there for a number of years now and it is time to give Batswana the chance to invest in it.

He said if the people of Lephepe, who reside in the area around the ranch could be allowed to use it, it would help in job creation. He said the community would think of ways to best run the ranch with advice from the council and the government.

Kgosi Sebele said the place is suitable for tourism and if well developed facilities such as hotels would be set up. He argued that it was often difficult for retired farmers to invest in some businesses such as Sefalana because those are far away from their home villages adding that the ranch would help curb such a problem.

When supporting the motion Kgosigadi Rebecca Banika said a similar pilot project worked with Kazungula, Lesoma and Pandamatenga villages. She said the project lasted for only a year but jobs were created since there were tourism camps and safari services.

Welcoming the motion, commerce and industry minister Tebelelo Seretse said since her ministry is charged with the responsibility of creating jobs, it finds the idea of letting the public invest in the ranch ideal.

"Any venture in line with tourism is welcome," she said adding that wildlife was especially important considering that there are many side effects related to cattle farming sighting examples of red meat borne diseases as one problem in the industry.

Seretse also said it was important to develop rural areas so to lessen rural-urban migration and attract foreign investors to rural areas so that the communities could also benefit. She added that if competition and globalisation is to be maintained, then the people should be empowered and be equipped with entrepreneurial skills.

"When projects like that are in place, it is fact that who ever is not competitive will not survive.

The minister further assured the house that her ministry was conducting a comprehensive evaluation about the ranch to be completed soon. She said the evaluation would then lead to further consultations.

This emerged at a two-day orientation workshop for new members of Ngwato Land Board and its sub-land boards held at Kgolagano College in Palapye.

"We have cases of members who come to register and disappear the whole day only to reappear the next day. My considered view is that we should adopt a no-work-no-pay policy.

"The same should apply to those who sit in the board meetings without uttering a word. You can't be a land board member if your can' t sit in a meeting or if you sit in a meeting but keep quiet," Lekula said.

He said cases of absenteeism by land board members, late coming to meetings, dodging field trips and coming to work drunk were the order of the day.

Lekula said people who behaved that way were not fit to be land board members and "should such cases be reported to the minister and proved to be correct, the minister would not hesitate to remove such members from the board." On the problem of illegal occupation of land, Lekula said he found it disturbing that it was continuing unabated throughout the country, especially at the lands and cattle posts.

"Land boards are, therefore, urged to be on the lookout for any illegal occupation of land and deal with it immediately," he said. He urged the new members to familiarise themselves with the Tribal Land Act, policies and other land related programmes. "You must keep abreast of the latest developments because today's society is well informed and litigious." In his welcome remarks, Palapye senior tribal authority Raditanka Ntebele decried lack of co-operation between the tribal authority and the land boards.

He told members to exercise caution when allocating land because "land is the cause of the many conflicts around the world."The chief also appealed to the Ministry of Lands, Housing and Environment to do "something concerning the rate at which land is changing hands from locals to Asians.

"Batho ba ba reka lefatshe lotlhe (these people are buying all the land from the locals).

Of the number, 36 prisoners flouted the conditions of their release and were rearrested to serve the remaining part of their sentences.

Orebotse told a news conference in Gaborone on Monday that his department felt that to reduce overcrowding in jails, the Prisons Act needed to be amended.

As a consequence, the department submitted three amendments to Parliament, including one empowering the ministers of Labour and Home Affairs to release terminally ill prisoners for home-based care.

Another amendment empowers the commissioner and official visitors, such as High Court judges and commissioner of the Customary Court, to release on extra mural labour, persons sentenced to 12 months' imprisonment and below.

The amended Act also applies to those who might be left with less than 12 months to finish their sentences.

" It should be noted that rapists and foreign prisoners are excluded from release on extra mural labour but terminally ill rapists qualify for release," he said.

He said prisoners released by the commissioner or official visitors should make an undertaking to serve the remaining period outside prison.

"If they object they must stay in prison until the end of their jail terms," he said.

The commissioner said inmates released under these conditions might be returned to prison if they recover before their jail terms expired.

The department has 21 prisons in the country with a holding capacity of 3 198 inmates.

In the recent past the department used to hold over 7,000 per day and this translated to over 100 per cent overcrowding, he explained.

Amendments to the Prisons Act were supported and received presidential assent on October 6 last year.

The move according to the chairperson of the school' Parents and Teachers' Association (PTA), Botsang Ntwampe is to evade P30 requested from parents to pay the school cook.

Briefing the MP for Lentsweletau David Magang during a kgotla meeting in the village, she said some parents send their children to RADs' schools so that they could stay in the hostels and have free meals. She said the practice has drastically reduced enrolment at the school.

In response Magang, who is the Minister of Works, Transport and Communications, said it was wrong for such parents to send their children to RADs schools to avoid paying feeding fees.

He said if such parents are poor, they should instead approach the Social and Community Development office for assistance.

Minister Magang explained that RADs hostels were built in those villages to cater for children in settlements such as Makabanyane and Thotayamarula.

He said after the relocation of residents from such settlements to Loologane and the construction of a primary school in the new village, such hostels will cease to operate.

He regretted that some parents were not taking care of their children but instead spent time drinking alcoholic beverages.

The headman for the village, Lucas Lebati, complained that members of the House of Chiefs did not focus on issues relating to the welfare of the tribal administration during their meetings.

He also said tribal administration staff took long to be transferred to other areas and also that they need decent accommodation so that they could perform their duties diligently.

In all, there were 54 players nominated from different clubs in the country vying for the 20 places in the Zebras. To facilitate the selection trials, two teams were picked to play against Lesotho and Swaziland.

The first team that lost 2-1 to Swaziland on Saturday comprised a number of senior players who had played for the Zebras in the past.

The team failed to impress because of lack of co-ordination and direction in midfield and poor goalkeeping by Antony Matengu.

It was only after Pio Paul was introduced in the second half that the team came to life but his efforts came to nought because time was not on their side.

The second team - dubbed the "People's Team" , which played against Lesotho, treated soccer lovers who thronged the Molepolole Stadium to an impressive display of skill and it came as no surprise when they beat their counterparts 2-0.

This was the team that won the hearts of many soccer lovers. And the man who impressed everyone was Mooketsi Motlhagodi of First Division Naughty Boys whose mature approach and precise distribution of the ball in midfield was a marvel to watch.

Players in this team were Modiri Marumo , Shimane Ntshweu, William Kefilwe, Barcos Mosimanegape, Seabo Gabanakgosi, Lovermore Mokgweetsi, Noa Kareng, Barney Marman, Molatlhegi Podile and Mooketsi Motlhagodi.

With more effort, guidance and training Motlhagodi could become one of the best midfielders in the country.

In the goalkeeping department, Marumo seems to have made a stunning comeback to reclaim his position after he fractured his leg. He looks poised to don the Zebras' Number One jersey when they meet Malawi in the COSAFA Castle Cup on March 17.

The latter team can be beefed up with other players such as Keitumetse Paul, Desmond Hambira, Edwin Disang, Mogogi Gabonamong, Kagiso Tshelametsi, Mpho Mabogo, Jomo Bolofete and Tshepiso Molwantwa.

Although the two teams that played on Sunday failed to impress, they managed to secure a 0-0 draw against Swaziland and a 2-1 victory over Lesotho.

Competition for places in the national squad was stiff and the coaches will have a hard time trying to select the side to face Malawi, especially in midfield and defence.

One of the things that the coaches have to work on seriously is to build a cohesive team because part of the problem with Zebras has always been lack of co-ordination and concentration.

The team will also need to perfect ball control and target-shooting instead of aimlessly shooting upfront.

The final list of 20 players is expected to be announced soon.

Presidential Affairs and Public Administration Minister Thebe Mogami said this when opening the workshop on the "Implementation of Performance Management System: ministerial strategic plan presentations" in Gaborone yesterday.

Mogami told the workshop attended by President Festus Mogae, Vice President Lt General Seretse Khama Ian Khama, Cabinet ministers and permanent secretaries that strategic plans have to be guided by Vision 2016 and the national development plans.

The revision of the performance appraisal form is scheduled to begin in March and end in December this year, while the piloting of the performance contract is planned to take place next year.

Mogami said it was likely to take two years before performance contract becomes fully operational. He said the workshop created an opportunity for the participants to assess the implications of the reform initiatives that were undertaken for implementation.

He said that such initiatives were introduced in the public service in response to the growing concern by Batswana and the government for the need to improve the quality of service delivery.

"The decision was, therefore, intended to reinforce the capacity of government to efficiently and effectively deliver services and facilitate the achievement of the objectives of Vision 2016 so that Batswana can perform at higher levels of socio-economic development and growth," the minister said.

Mogami said many reform initiatives in the public service, including decentralisation and computerised personnel management systems, had been put in place.

He said proper implementation of the components of PMS should lead to the achievement of its objectives such as to improve individual and organisational performance in a systematic and sustainable way.

Assistant Superintendent Ronald Mojakgomo of Tonota Police Station told BOPA that the four are suspected to have stolen cattle that were exhibits in a stock theft case.

Mojakgomo said they are suspected to have first stolen two beasts from Semotswane kraal, drove them away where they killed them and removed brand marks.

He said they are suspected to have gone back to Semotswane kraal after two days to steal more cattle.

In response, Magang said such youngsters should be put back on track just like in Molepolole where the tribal administration unleashed regiments on youths terrorising villagers.

On other issues, one resident, Thomas Molefe called on Magang, who is works, transport and communications minister, to prove he was not as incompetent as portrayed by his colleagues in Parliament.

Last year, members of Parliament turned down Magang's NDP8 mid-term review submission because a lot of projects had not been implemented. It was admitted after an intense and heated debate.

Still last year, Magang came under heavy attack in connection with the high telephone bills charged by the Botswana Telecommunications Corporation.

Molefe also asked Magang to hasten to open a constituency office.

Residents blamed government for failing to monitor its assistance schemes, which led to abuse.

They complained about shortage of water in some parts of the village and called for the electrification of the post office, a bigger clinic and more nurses.

Responding to some of the comments, Magang said he was still looking for a house to rent in Lentsweletau to use as an office.

Acting Southern African Development Community (SADC) Executive Secretary Prega Ramsamy said the SADC Free Trade Protocol had to be implemented over time so the region could deal with the infrastructural and economical imbalances before it could take full effect.

Dr Ramsamy was officiating at a SADC regional workshop on enhancing competitiveness of small and medium enterprises through research and technology application in Gaborone on Monday.

He underscored the importance of developing small and medium scale enterprises if the regional economy was to grow. He said that could only be achieved if people changed their attitude towards work and adopted new technologies.

"We in SADC believe that development should be from bottom up, thus through involving each and everyone at grassroots level," he said.

Ramsamy said the SADC region was endowed with plenty of natural resources that could be exploited to uplift the standard of living for its people.

He regretted that some of the resources had not been used to develop the region, noting that about 40 per cent of the people in the area were still poor.

He said some of the problems bedevilling the region that needed to be tackled head on were poverty, unemployment and disease.

Ramsamy said the region's economic growth rate was erratic, saying it needs to reach six per cent and above for the region to be able to combat poverty and other ills.

He said the private sector was critical for the overall economic development of the region, adding that there was needed to develop service centres where small and medium scale entrepreneurs could be imparted with knowledge and skills to develop themselves.

Speaking during a kgotla meeting in the township last week, a senior housing officer with the Ghanzi District Council Bathusi Oduetse said a plot could be inherited if the deceased had been issued with a certificate of right.

"The plot can also be inheritable when the deceased was legally or traditional married as stipulated in the SHHA procedure and policy," she said.

Oduetse, who was responding to a question from one of the residents, however explained that it was not possible for the plot to be allocated to a relative in place of a deceased applicant.

Such an application would be cancelled, she said.

Oduetse informed her audience that phase II SHHA plots had not yet been surveyed and therefore no services were available.

Residents bitterly criticised the SHHA Department for taking too long to allocate plots noting that some applications dated as far back as 1995.

They said the delays would lead to squatting.

Earlier, councillor for Kabakae Babane Thiite had told the meeting that he had long asked that the village development committees of Kabakae, Kgaphamadi and Khurakhura should be independent from the central VDC but to no avail.

Thiite said many projects had failed to take off because the umbrella VDC had numerous problems including that of mismanagement.

Nkate, who was addressing a BDP rally at Matsitama, said the BDP "is in government and should show maturity and discipline so that people could develop trust and faith in it".

He expressed the party's concern about members who allow themselves to be used as bullets to fight BDP by some defeated primary election candidates.

Nkate said BDP has held its primaries and chosen its candidate who would need their support to win the February 24 Matsitama ward bye-election. He advised those who did not win not to despair but work hard next time.

He said people should learn to accept defeat, warning that the BDP would not condone anarchy and would discipline those who did not respect the party constitution.

The Ngami MP stressed the need for people to participate in elections, saying those who did not vote in the last general election should cast their votes in the bye-election.

He said their full participation would ensure that BDP wins with a big margin, and show the doubting Thomases that people still have trust and confidence in BDP.

Nkate said other parties could not be entrusted with the responsibility of running the country's economy because they had failed to manage their party resources.

The BDP government has introduced assistance schemes such as FAP and SMME to uplift the living standards of its citizens while foreign reserves were being used to finance imports.

The Ngami MP said Batswana should be taught survival skills instead of being given subsidies and handouts as the opposition parties were advocating.

The Matsitama council seat fell vacant after councillor Haskins Monamati died last year.

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