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Judge Motswagole recuses himself from Masisi’s case

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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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Police blast man with fire extinguisher

The MidweekSun Admin

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Life has not been easy for Rakhuna man, Gaitsiwe Moroka since a police officer blast a fire extinguisher in his face at a roadblock near Pitsane this year on April 25.

The police were on duty and as a norm, they were checking for among others, the presence of a functional fire extinguisher in a kombi which Moroka and other five other passengers and their driver were using. When The Midweek Sun interviewed him on Monday, pain was written all over his face.
His is a clear sign of depression.

“My life changed drastically this year after the incident. I was on my way from signing an agreement for a tender with Botswana Defence Force camp when the police stopped our kombi at a road block in Pitsane. There was a long debate between the two police officers and our driver about the functionality of the fire extinguisher.
All of a sudden, one of the officers sprayed the fire extinguisher without checking if it was functional or not, and he directed the nozzle inside the kombi,” he said, adding that he was on his way to Lobatse where he stays.

High Court papers dated August 30, 2018 show that Mfosi Legal Attorneys are handling the case in which the victim is suing the BPS for an amount of P2.84 million.
He says although there other passengers in the kombi, he was the one most affected. The High Court documents state that the police officer did not even bother to check on the health of the commuters nor apologise for his extremely dangerous negligent act.

The kombi would then leave for Lobatse and just before it arrived, the plaintiff’s claim notes that it was apparent that the powder had affected his sight and he started regurgitating unabated, lost consciousness and woke up at Athlone Hospital with an oxygen mask strapped to his face and intravenous drip in his arm.

“To date, Moroka, 40, has a constant whooping cough and has been informed by doctors that it will take several years for the noxious elements used in the fire extinguisher to completely be flushed from his body,” says the summons, further stating that doctors had also detected likelihood of asthma.

It says that due to the gross negligence of the police, Moroka is currently unable to work, let alone work around dust. This, it says, has caused a great financial burden on him due to the fact that he is a builder by profession, and is not able to take care of his two minor children. Moroka, according to the sheet, has developed a very itchy rash all over his skin since the incident.
“What is more disconcerting is that the police have never bothered to check on the health of the plaintiff or even issued an official apology. Thus his compensation demands include gross negligence at P1 million, pain and suffering at P1 million, loss of income at P84. 200.00 and cost of the suit
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‘I feel weak’ For Moroka, the incident has left him helpless. He has given up on life and wishes himself dead. “I’m always thinking about killing myself but I always think about my two children. If I die anytime, Batswana must know that government killed me. I have no food, no income but I am a man. I believe in using my hands and legs but now my health does not permit me to walk in the sun. I’m supposed to be resting but I’m now giving up on life,” he said.

He won the children’s custody after his divorce three years ago. He is now afraid that he would lose the children because he cannot afford to take care of them. “My life is stuck. I’m sad and empty, and in deep pain. My lungs are weak. Police do not care about me after what they did to me and I’m now on my own. Government clinics do not have all the medication and my sprays, and I have to travel to Molepolole at times. My bones are always in pain and I am now on a special diet which I can’t afford,” he said.

His comprehensive report card shows a dysfunction in the heart, lungs, bones, skin and eye and makes an expert advice which is basically expensive diet and resting most of the time. Several times he had fainted while walking and at one time it happened while he was in Mafikeng, visiting a relative. He was admitted at a local clinic.
Doctors that have been attending to him since the dreadful incident that shows a common denominator of Carbon dioxide inhalation that affected his skin, sight and respiratory system. He has started counselling at SBRANA Psychiatric Hospital.

He said that efforts to seek help from BPS Commissioner KeabetsweMakgophe were futile. “I’m always told he is away,” he said. BPS Assistant Commissioner Dipheko Motube could not respond to questions sent by this reporter by press time.

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Botswana Creative Business Cup winner, Mmono joins global comp. in Denmark

Keletso Thobega

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Botswana Creative Business Cup Nicolette Chinomona says that government should channel funding and business support among youth towards the creative industry instead of focusing on traditional sectors.

This year’s winner of the cup is Lebogang Mmono of Just Ginger Beverages. Chinomona told The Midweek Sun that she applied for the license of the international entrepreneurship competition because she noticed that local entrepreneurs, particularly youth, were not getting the necessary support.

“I wanted to help develop the entrepreneurial ecosystem in the country by generating attention for startups that aren’t traditional, that are in the creative space and think out of the box; because there isn’t enough risk appetite for supporting those kinds of startups”, she said.

Chinomona said that government has been quite deliberate in helping businesses start-ups, but the key challenge is that the government has to use the resources it has to fund business models that it feels can succeed and become a core part of the economy.

“A lot of potential sponsors and funders are intimidated at the prospect of putting money into a local enterprise.”Chinomona said that it was only entrepreneurship that could change the economic dynamics of Batswana’s lives. “As a society we need to change the narrative around entrepreneurship, we need to begin to acknowledge that while entrepreneurial paths are fraught with risks and challenges, that entrepreneurship is also a huge part of developing a sustainable economy.

“We need to be realistic, not everyone can have a conventional white-coller career. Someone has to produce the goods that people with careers want to spend their money on and entrepreneurs can make an excellent living and even thrive on that. I believe that changing the conversation around this means pushing back on the idea that failures become entrepreneurs.”

Chinomona said since working with young entrepreneurs, she had noticed that one of the key things that they say they need is mentorship. “A lot of them have the raw skill but they don’t have the business skills to be able to sell what they can easily make.

“And also they are hungry for community and collaboration, because being an entrepreneur can be isolating and discouraging.” Meanwhile, Mmono is preparing to take part in the global competition in Copenhagen, Denmark next month. She said she hoped to network and find ways to break into the global business sector by selling her uniquely Botswana products and partnering with other entrepreneurs.

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