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Gabz FM takes Mmegi, Jamali and Competition Authority to court

Local Private Radio Station, Gabz FM has instituted legal proceedings against Competition Authority (CA), Mmegi Newspaper and Universal House, a company which belongs to businessman, Seyed Jamali.

Gabz Fm’s reasons for taking the three entities to court emanates from the failure or reluctance by CA, which has been cited as the first respondent – to implement a February 2017 court decision, demanding that Jamali dispose off the 28.73 shares he acquired in Mmegi.

The background of the matter is that, in 2016, Jamali, through his company, Universal House (Pty) Limited, acquired a stake in Mmegi which consequently made him the single largest shareholder in the media house.

Mmegi on the other hand holds 17 percent shareholding in Gabz FM.

At the time Jamali made an acquisition of shares in Mmegi, he also owned shares in another private radio station, Duma FM, which is a director competitor of Gabz FM.

In his founding affidavit, Gabz FM director and Chairperson, Edward Komanyane says in essence this made Jamali to have cross ownership of two of the three private radio stations in the country.

In July 2016, Gabz FM wrote a letter to CA requesting it to investigate the transaction of shares by Jamali in Mmegi to determine whether the transaction was not competitive.

On the 17th of February 2017, CA made its decision on the matter and resolved not to approve the acquisition, which however had already occurred.

Since the transaction had already been implemented, the Authority directed Jamali and Mmegi to dispose off the 28.73 percent already acquired to an entity or person with no business ties to Jamali within a period of three months from the decision date.

This means the shares should have been disposed off on or before the 17th of May, 2017.

However, it is now more than 2 years since the deadline for the implementation of the court order, which compelled Gabz FM to approach the High Court to order the enforcement of the decision reached in 2017.

Gabz FM argues that the failure by CA to enforce its decision is prejudicing the radio station in the running of its business affairs because as long as the matter remains unresolved, Gabz FM has faced and will continue to face difficulties in obtaining credit facilities from financial institutions due to non-compliance with Know Your Customer (KYC) requirements.

Komanyane states that they have not received any update from CA since the 6th of September last year.

In responding to the radio station enquiry to give update on the implementation of the decision, CA had stated that it was not in position to divulge any information as it was still carrying out investigations on non-compliance.

As a result, Gabz FM has recently filed an application with the High Court to compel or direct CA to enforce its decision, alternatively that the court directs Mmegi and Jamali to dispose of the shares already acquired in Mmegi by Jamali to an entity or person(s) without business ties to the latter, within three months of making an order of court.

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BDP quash UDC election petitions

•UDC’s petitions do not incriminate our candidates- BDP

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Botswana Democratic Party has moved swiftly to counter a petition lodged by the Umbrella for Democratic Change before the courts seeking nullification of election results in some of the constituencies that were won by the ruling party.

The Voice is in possession of the notices to oppose by the BDP and the Independent Electoral Commission (IEC) lawyers. The BDP has made known their intentions to have the UDC petitions quashed through points of law.

The BDP, through court papers served to the UDC this Wednesday, point out to certain irregularities and failure on the part of the UDC to meeting certain requirements to constitute a petition according to the Electoral Act.

In the court papers the BDP say that it is common knowledge that the UDC want the High Court to declare the constituencies void on the basis of corrupt practices, commission of illegal practices by the BDP, DISS and connivances of certain officers employed by the IEC.

“The petitions do not disclose facts necessary to enable the High Court to make a decision under Section (105) 1 of the Electoral Act. Without these material facts the High Court cannot void the election. The remedy is therefore not available to the petitioners,” read the court papers.

The BDP through their lawyers further state that the petitioners attribute the commission of the corrupt illegal practices to certain officers from the BDP being President Mokgweetsi Masisi, Satar Dada, Mpho Balopi, Dr Comma Serema, Banks Kentse and Moemedi Baikalafi aided by the DISS and certain officers from the IEC.

The BDP argues that the UDC failed to prove that the candidates in the disputed constituencies were engaged in “the commission of corrupt and illegal practices of BDP candidates or with the knowledge and or consent of any of their election or polling agents. The candidates have not been put on notice that the corrupt and illegal practices are attributed to them or their polling agents,”

The BDP also dismiss other petitioners citing that in other constituencies the UDC failed to give the other candidates including those of the Alliance for Progressives (AP) the chance to participate in the election petition. “They say they consulted Ndaba Gaolathe but he was not the candidate of the constituencies in question,” the BDP argue.

Turning to the affidavits made by Baikalafi, which the UDC heavily rely on, the BDP have also quashed his claims citing that they are not lawfully authenticated.

“Without a verifying affidavit, the petition in so far as they relate to ascertation attributed to Moemedi Baikalafi are a nulidity,” the papers read.

The main respondents, the IEC which is the body responsible for the running of the electoral process, on the other hand argue that their part in the petitions is not clearly stated by the UDC- as the law dictates.

They further argue that the IEC is not properly before court in respect that all remedies and reliefs that the petitioner seeks against the commission are incompetent. “This is more so the Petitioner challenges the elections that were conducted by the 1st respondent (the IEC).”

The UDC and its candidates are expected to respond to the BDP and thereafter a date will be set for arguments. The judges have said that the cases are a matter of urgency and should be dealt with and disposed of in 90 days (by next year February).

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Your daughter is not yours

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DNA TEST EXPOSES WIFE’S AFFAIR WITH BROTHER- IN -LAW

A cheated husband who unknowingly raised his brother- in- law’s child as his own for three years ended the marriage in court this week and demanded a refund.

Gilbert Tom, on Wednesday divorced Mpale Tom nee Roberts after DNA tests results revealed that that their last-born child was not biologically related to Tom. They had been married for 15 years.

Tom, 50, became suspicious that his wife was cheating in 2009 when his brother in-law got into the habit of dropping off Mpale at their house after work.

Mpale, 43, fell pregnant in 2016 and when the baby was born, her husband was shocked that the baby was a spitting image of his older sister’s husband.

He then launched his own investigations in Mpale’s phone where he found messages that confirmed his suspicions
Some text messages revealed that Mpale was so much in love with her brother -in -law that she was even prepared to bewitch her husband’s sister to get her out of the way.

After finding out for certain that he was raising a child who was not his, Tom served Mpale with divorce papers.

She did not contest the divorce and readily confessed in court that Tom was not the father of her three-year-old daughter.

Divorce was granted and Judge Gabanagae ordered that the child be excluded from Tom’s responsibilities.

WIFE: Mpale

However Tom went further and demanded that his brother- in- law and his ex- wife pay him costs of raising a child that was not his, which are to be determined by court at a later date.

According to a relative who refused to be named for fear of victimization Mpale and her brother-in law worked together at a mine in Toteng village in 2013 and the family suspects that was when the disgraced couple started the affair.

She said coincidentally in 2016 the two found another job and moved to Francistown together.

“These people were too deep. We never thought they could do that to their partners and we thought they just related well as family members and little did we know that they were dating. This is painful for both families and it is very unfortunate that an innocent child has now been caught in the middle,” said the concerned relative

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Mokubilo man accused of rape

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Letlhakane Police are investigating an incident in which a 28-year-old man allegedly raped a 34-year-old woman in the early hours of Monday morning (25 November).

The lady was on her way to Mokubilo Clinic – walking from the lands – when she reportedly met her armed attacker.

Taking over the narrative, Letlhakane Station Commander, Michael Maphephu told The Voice, “She reported that the suspect threatened to stab her with a sharpened iron rod.

“The suspect was arrested on the same day and will appear before court as soon as the Magistrate returns from sick leave,” said Maphephu, adding he could not release the accused’s name until he appears in court.

The worried police boss revealed this was the 89th rape case registered in his jurisdiction since the start of the year.

Maphephu added that most incidents involved women returning home in the evening after drinking or walking alone in the bush.

“I urge people to always walk in groups when they come from the bars or ask for company from trusted people when using bushy roads,” advised the top cop.

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