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Judge Motswagole recuses himself from Masisi’s case



Gaborone High Court Judge, Tshepo Motswagole has recused himself from a case in which Botswana Congress Party (BCP) is challenging President Mokgweetsi Masisi’s presidency.

Motswagole was assigned to preside over the case by the automated computer random Case Management System (CMS) late last week. But, Chief Justice Maruping Dibotelo exercised his powers under Section 6 of the high court Act to increase the panel to three judges by appointing two more judges – Tebogo Tau and Barnabas Nyamadzabo. Law experts say a three judge panel is a matter of practice meant to assist in the event there is a dissenting voice.

They say it is specifically meant to avoid and, or reduce appeal cases though it does not completely stop the aggrieved party from seeking further redress. But before the case could start and, or at a meeting of the three judges, Motswagole felt for the need to recuse himself in the best interest of justice. His recusal was confirmed to this publication by the Registrar and Master of the high court, Michael Mothabi.

He revealed that Chief Justice Dibotelo has appointed Justice Radijeng to replace Motswagole as the third judge. In his three page recusal ruling, Motswagole states that, after considering the matter and discussing with his fellow judges, “I have decided to recuse myself from presiding over this matter.”

The reasons being that earlier on and before the dispute arose, “I had expressed a personal view on the provisions in issue, in this matter to the Attorney General in an informal setting.” Motswagole said it will therefore “seem inappropriate for me to be part of the panel to determine the same issues” since a perception may be created that “I have made up my mind in the event I maintain the same view.

“If however, I change my view, it may appear that the Attorney General has had a prior opportunity to address me on the same issues where the opposite parties have not been afforded the same benefit. I have come to the conclusion that it will be in the best interest of justice to recuse myself as I hereby do.

I according make the following order: I recuse myself from presiding over this matter either alone or in conjunction with my other two colleagues.” In the case registered as UAHGB-000074-18, BCP appears as the first applicant appearing together with Member of Parliament for Selibe Phikwe West, Dithapelo Koorapetse and MP for South East, Samuel Rantuana. The respondents are the Speaker of the National Assembly Gladys Kokorwe, Attorney General and President Mokgweetsi Masisi as the third respondent accordingly.

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BRING IT ON Ignatius Moswaane ready to serve Francistown West again



READY TO LEAD AGAIN: Francistown West MP Ignatius Moswaane

Ignatius Moswaane is a former Francistown City Mayor and he served as Monarch Councillor until he took over the reigns as Francistown West constituency in 2014. The constituency had been in the hands of the late Tshelang Masisi before Moswaane took over.

Now the outspoken MP is ready to defend it.
He lists the construction of an additional secondary school at Gerald Estate, the undertaking of a P36 million streetlights project and construction of a road network at Monarch among some of his achievements both as Councillor and later MP.

“The peripheral servicing of the planned Central Business District (CBD) at Gerald Estate has been completed.  “Over and above that we have used the P10 million community development money from government to build houses, some of which we are renting out to public servants.“We have divided the constituency into three (3) clusters and each will have a multi-purpose recreational hall,” said the Botswana Democratic (BDP) Member of Parliament (MP).

He added that Gerald Estates and Phase 6 in Monarch will soon have a local center each owned by the VDC which will lease the shopping area to business. Moswaane initiated Monarch Development Centre to help the youth access government economic projects by, among other things, doing business plans for them for free. His next phase is to push for industrialisation of Francistown by using local resources. “Besides, Francistown must become an industrial hub for the region where, instead of SADC countries going all the way to Johannesburg and Durban to collect their cargo, the cargo is brought to the Francistown airport from their source be it Asia, or where ever by plane for the owner to collect the cargo here.

Our airport is under-utilised at the moment,” he noted. Another way of creating employment is for government to increase its efforts of using ISPAAD to help small scale farmers next to Francistown to grow fruits and vegetables to the extent that we do not import anything. Moswaane regrets government’s slow pace on allocating plots at Gerald Estates. “Since 2012 some 2500 plots have been serviced yet a lot of people from as far back as 1990s are on the waiting list because government is yet to allocate the plots.

The Minister had promised that the process would commence in December last year but nothing has thus far happened. If elected, I will follow up on the matter,” pledged the MP. He is also of the view that more resources should be invested in Nyangabgwe to make it a health facility of choice. “It should be turned into a state of the art hospital where special medical care is provided to attract even people from outside the country. The residents of Francistown need a district hospital,” he observed.

If he returns to parliament, Moswaane will move that the Youth Development Fund (YDF) be increased from P120million to P1billion and the Gender Economic Empowerment Fund from P50 million to P1 billion as well. Moswaane believes the country should build more technical colleges and brigades to carter for the thousands of students who leave school every year without the necessary grade needed as the entry threshold to tertiary schools.

In 2014, Moswane garnered 5304 votes against second-placed Habaudi Hobona of the Botswana Congress Party (BCP) who was voted in by 3461 voters. UDC was represented by Shatiso Tambula who managed a paltry 950 votes. This year Moswaane will have to fend off competition from Dira Moalosi of the Alliance for Progressives (AP) and Mbaakanyi Lenyatso of the UDC.

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FREE AT LAST: LGBTI persons celebrate

Yvonne Mooka



CELEBRATION TIME: The LGBT community celebrated the historic ruling on same sex romance this Tuesday

Thapelo Matshameko, a transgender woman who last year was attacked at Trekkers night club in Gaborone is over the moon about the High Court ruling that overturned a law that criminalised same sex relations.

A trans-woman is a woman who was assigned male at birth. In response to the ruling, she told The Midweek Sun that even though she has had it tough before with people calling her ‘Brazen’ and to stop behaving like a woman, she is now happy that the law recognises that they exist. She said that Batswana are now becoming tolerant towards Lesbians Gays Bisexual Transgender and Intersex persons.

“Recently I went out for dinner with my bae, and I came all the way from my house wearing a dress. People that know me loved it and my boyfriend loved it even more,” she says, adding that the verdict will also help other LGBTI persons that are in the closet to come out.

In a previous interview Metshameko pleaded for assistance from members of the public to help her do a surgery that would make her a complete woman. For Motswakgakala Sithole also known as Motswafere in music circles, the ruling shows that Botswana is one step closer to gay marriages.

“Thank you to all the visible gay people. We take punches for those hiding and those shaming us for being visible and exercising our rights. You guys attended court cases with pride and you have carried us to freedom,” he said.

He also thanked Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), lawyers in the case, the media, and friends of the LGBTI community for their support. Phio Kenosi who identifies as trans non-binary asexual woma-romantic, (romantically attracted to the feminine essence), was also ecstatic.

“It is obviously showing that we are moving in a new direction that is positive and inclusive towards sexual and gender minority,” he said.

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