JOHANNESBURG, SOUTH AFRICA – The Constitutional Court has dismissed ousted president Thabo Mbeki’s urgent application to oppose a high court ruling that ultimately cost him his job, reports said on Wednesday.
Eight Constitutional Court judges dismissed his application on Tuesday.
The judges ordered that it was “not in the interests of justice to hear [Mbeki’s] application at this stage”.
This was because the National Prosecuting Authority (NPA) was in the process of appealing the same judgement in the Supreme Court of Appeal.
The NPA’s appeal will be heard on November 28.
Mbeki had wanted the Constitutional Court to scrap certain parts of the ruling handed down in the Pietermaritzburg High Court by Judge Chris Nicholson on September 12.
In his judgement, Nicholson said he could not exclude the possibility of political interference in the decision to re-charge Mbeki’s political rival and the new African National Congress president Jacob Zuma for fraud and corruption.
Mbeki said Nicholson’s judgement was related to the decision by the ruling party to remove him from office, about six months before his term would have ended.
Mbeki’s application was largely based on three points:
* That he had no chance to give evidence on the allegations of conspiracy in the Zuma trial;
* That he was recalled by the ANC on the basis of Nicholson’s “flawed” judgement; and
* That he has no standing in the high court or Supreme Court of Appeal because no judgement or order was made against him and is therefore seeking the indulgence of the Constitutional Court.
A senior Johannesburg advocate accused Mbeki of “going off sideways” while the NPA is still preparing its application for leave to appeal.
“But he also has another problem: what he [Mbeki] seems to be wanting to do is to review a high court judge. There is no such thing as reviewing high court judges and the courts have made it clear that you can only appeal orders. Very often judges say harsh things about all kinds of people, but I’m afraid you’ve got to take that on the chin.”
The advocate, speaking to the Mail & Guardian in September, described Mbeki’s application as “extraordinary” and “breathtaking”.
Yes, she is here! World number two female tennis icon, Serena Williams, made a humbled entry into the country for a three-day charity tour in an arrival that did not cause a huge stir at Jomo Kenyatta International Airport.
The one half of the William’s tennis sister-act and nine grand slam singles title winner, was befittingly whisked to Nairobi’s Serena Hotel where she will be based during her stay in the country. Elder sister Venus, is also a former world number one and winner of nine grand slam titles as well.
A battery of journalists camped at the airport to cover her arrival but they left disappointed after they were denied interviews.
Local photojournalists had the chance of a lifetime to shoot pictures of Serena, the decorated superstar they only see in foreign media.
Looking charming in a black cap, dark sunglasses, a light blue blouse
Dr Fred Babumba left Uganda for greener pastures in Southern Africa, but he has never written off his patients back home, writes Agnes Asiimwe.
The silver Mercedes pulled in smoothly up the driveway and parked just outside the garage of his suburban home on the South Coast in Port Shepstone, in South Africa’s KwaZulu Natal province. The doctor was home. A few minutes later, the remote-controlled gate slid open again, his son and daughter, both attending nearby schools, were returning from school in their BMW. For Dr Fred Babumba and his family, life couldn’t be better.
He is a Ugandan of a rare quality. Despite all the comforts and the success, Dr Babumba, 47, has managed to shake himself out of his comfort zone and give back to Uganda, something not many Ugandans in the Diaspora can say they have done. Rather than join in the chorus to complain bitterly about the backwardness of his homeland, Babumba has decided to do something about it. He is investing back home.
In the last two years, he has been coming to Uganda every four months to operate on patients. Now, his longtime desire to have a quality health facility in the country is about to be realised when Nakasero Private Hospital opens for business in January.
But life wasn’t so good in 1986 after he completed his degree at Makerere University Medical School. A doctor’s pay was meagre and he promptly moved to Kenya where he worked at the Aga Khan Hospital.
In 1990, the government of Botswana went scouting for doctors in Kenya and he was among the 18 doctors who were recruited.
“I was not content at just being a general practitioner and wanted to specialise as a surgeon,” he said.
He applied for post graduate medical study in South Africa. In July 1993, he moved to South Africa to study orthopedic surgery at the University of Natal, Durban. Five years later, in 1998, freshly qualified as an orthopedic surgeon, he relocated to the coastal town of Port Shepstone (100km South of Durban) and opened a private practice which has since become the biggest and busiest orthopaedic practice in the region. He also works part-time at a government hospital.
His main area of specialisation is knee and hip joint replacements. He performs 150 joint replacements annually in addition to another 700 other orthopaedic related cases.
“The health care in Uganda is underdeveloped, the surgical facilities are backward and my dream was to put up a modern 80 bed private hospital, a venture of about $5m,” he said.
But he knew it was too big a project for him alone. He got an idea to first mobilise the Ugandan specialists based in South Africa and the specialists in Uganda and get them interested.
“I talked to Ugandan specialists in South Africa; many of them have written off Uganda, they are not interested. “They are in their own comfortable zones here, they are well paid, children are in school, the living environment is affluent, they don’t even dream of ever going to work in Uganda.”
He spoke to a number of businessmen in Uganda. “They welcome the idea but when it comes to the actual putting down of the money then it’s a different story.” While he was still thinking of how to make his idea work, he met Dr Ian Clarke who was already running a hospital at Old Kampala. “He had converted a hostel into a hospital, then he started building a proper hospital. I was glad, I could see someone with the same vision.”
Babumba looked at Clarke’s hospital drawing and he visited during construction, “and I think generally he put up a very good physical structure,” (at International Hospital Kampala [IHK] in Namuwongo). For the last two years, Babumba has been coming several times in a year to do surgery at IHK.
Its problem now, he says, is that it lacks equipment. “He has donated equipment which is very old. For example the X-rays, you can’t get all the views, the physical structure is good but the equipment is very archaic.”
Later on Babumba met Dr Ben Mbonye, an orthopeadic surgeon and a former permanent secretary for the Ministry of Defence. Mbonye, together with a team of Ugandan specialists had a consultancy near the Fairway Hotel. Two years ago, they started construction of their own hospital on plot 14A, Akii Bua Road in Nakasero, Kampala.
Babumba has bought shares in the hospital and he hopes to convince other medical specialists to come and offer services. According to Babumba, there are about 50 well trained medical specialists based in South Africa.
“I’m excited about that, it’s owned by at least 20 doctors, we speak the same language and we will have a quality hospital.”
He said Nakasero Private Hospital will bring quality health care nearer instead of such health care being a preserve of the few who can afford to travel out of the country. “Even the rich, sometimes it is too late or their condition is so poor for them to travel.”
“Patients come from Uganda to see us here for hip replacement, knee replacement, spinal surgery – we can offer that surgery in Uganda if we have facilities,” said Babumba, “It’s easier for the surgeon to go there and operate on 10 patients than the 10 patients buying tickets, getting attendants to come.”
Uganda has some good doctors, he says, but they don’t have facilities, that even some of the newer medicine cannot be practiced because of lack of proper equipment. The backwardness of medical facilities always shocks and humbles him. “When someone has a broken leg, we can’t reuse plates and screws to fix the fracture, but in Uganda, the same plates and screws will be washed and used on another patient. I have seen mops (used in theatre) washed of blood and re-sterilised for another patient.”
Ugandans can improvise, he said, but if you told someone in the know that such things still happen in hospitals, they would be utterly shocked. When Nakasero Private Hospital opens its doors, it won’t be only to the rich. He believes Ugandans have the money to spend on quality health care. “If they can afford to take their children to private schools, look at the residential areas, there are mansions coming up all over Uganda, there are designer shops, there are top class restaurants. If they can afford these, they should afford the quality heath care at this 80-bed hospital. It is time to offer them quality health care and get them to learn to pay for it,” he said.
The hospital will have gyneacologists, orthopedic surgeons, physicians, general surgeons, ENT surgeons, psychiatrists and later on, a cardiothoracic surgeon and neurosurgeon.
The specialists have plans to train junior doctors. “We have discussed that and we would like to give an opportunity to the doctors in Mulago, especially the newly qualified doctors to expose them.”
The doctors also hope to give back through charity and will periodically offer free surgery to the poor. As for patriotism, Babumba understands why there are many Ugandans abroad who shun their homeland and would never invest here. “These are developed countries, there is comfort, good schools, good health care, you don’t want to sacrifice that. “You need a lot of patriotism in yourself to pack your bags and leave your practice, say in Cape Town and go back to Uganda,” said Babumba.
Living abroad has its hardships. Living under the label of ‘foreigner’ is not comfortable. In the case of South Africa, the recent xenophobic attacks were a rude awakening to all the immigrants. “Whether you are a citizen of that country, there are people who still consider you a foreigner, home is still home,” Babumba said.
It is often said by positive thinkers and self-help advocates that it is good to dream big, think big, believe big and act big! The world has been witness to the realization of a Kenyan, African-American’s dream to hold the highest office in the United States. This time it is a Cameroonian turned American, who is vying to be mayor of the capital of the world’s most powerful democracy.
In an Interview with Entrepreneur News Online, ENO, Mr Djonkam Nestor opens up about his aspirations and achievemnents and how beneficial they can be to Cameroon.
ENO: Who is Nestor Djonkam? Mr Djonkam: I was born in Manjo, located in the Mungo division of the Littoral Province. I attended primary and secondary school in Cameroon, before pursuing my dream to move to the U.S. I am a solar system engineer and a politician.
ENO: What is your motivation to become Mayor of Washington, DC? Mr Djonkam: I tried the first time and failed in 2006, and i think i should not give up on my dream. I equally want to prove to the world that Africans have potentials and we can be whatever we want to be, rather than have a negative portrait.
ENO: What qualifies you to be mayor of Washington, DC? Mr Djonkam:I have been involved in the democratic system in the United States for about 20 years. I have taken part in five presidential campaigns, three senetorial and mayorial campaigns. I believe i have acquired enough experence and exposure and so i asked, ‘Why not me?’
ENO: What was your previous campaign like in 2006? Mr Djonkam: I did have some challenges. I lost in the primaries but was encouraged by the acheivement. I was the first African ever in 250 years, to qualify as a candidate for mayor in Washington,DC. I will run again in 2010.
ENO: Why not seek to be mayor in Cameroon? Mr Djonkam:My priority is Washington,DC. If i succeed all Cameroonians living in DC will benefit from my programs. Cameroonians at home would be proud to have someone of their origin in that position, and i would seek partnerships in the course of visits to Cameroon to see how i can help.
ENO: How else can Cameroonans benefit from your election? Mr Djonkam: The programs i plan to implement would attract Cameroonian investors to Washington, DC. There shall be trade relations that could yield seminars and job training.
ENO: What have you achieved for your Country so far? Mr Djonkam:I have contributed greatly to promote the image of Cameroon in the U.S. I initiated the hosting of the Cameroon flag in Washington DC every 20th of May- Cameroon is the 1st African Country and the third in the world to have that privilege. It is a legacy in U.S politics to have convinced the U.S authorities to do that.
Secondly, i coordinated the Cameroonian-American Outreach Organization for 4 years (1998-2001), as a lobby group to promote relations between both Countries. I had to dissolve it at some point, in order to preserve my electoral identity as an American citizen.
ENO: What does it take to be candidate for mayor in the United States? Mr Djonkam: Basically, a candidate must be at least 18 years old, a resident of Washington, DC for up to a year, have a clean background such as no criminal record, involvement with drugs or served a jail term and should gather 3000 signatures from DC Democratic voters. I meet all those criteria.
GABORONE – Botswana and the Holy See, the universal government of the Catholic Church from the Vatican City State, established diplomatic relations early this month.
Mrs Motlhagodi Molomo, Botswana’s High Commissioner to South Africa and Mr James Patrick Green, Apostolic Nuncio of the Holy See to South Africa, signed a joint communiqué on the establishment of the diplomatic relations.
According to a press release from the Ministry of Foreign Affairs and International Cooperation, Mrs Molomo noted during the signing ceremony that the establishment of diplomatic relations marked a consolidation of a relationship that started almost 50 years ago.
She noted that the Roman Catholic Church established the Apostolic Prefecture of Bechuanaland in April 1959.
Mrs Molomo further said “over the last 49 years, the Catholic church has grown, not only in its contribution towards the spiritual development of the Botswana nation, but also in terms of active participation in social development programmes.”
The release stated that to date, the Catholic church has established nine primary schools, two health clinics, a pre-school in Kgalagadi District and a home-based care facility due to be opened before the end of the year.
In his response, Mr Green noted that it was most fitting that after so many years of mutual respect and cooperation, Botswana and the Holy See made formal a relationship which had in many ways already been tried and tested.
The release also states that Mr Green observed that the signing ceremony revealed clearly the intention of both parties to maintain and strengthen the bonds which exist between them. BOPA
GABORONE. BOTSWANA – Zimbabwe’s neighbour, Botswana, has vehemently denied accusations by officials in Harare that Botswana was training MDC youths for purposes of effecting regime change in Zimbabwe.
Addressing the Parliament of Botswana on Wednesday afternoon, Phandu Skelemani, Botswana’s Minister of Foreign Affairs and International Cooperation said such accusations were meant to divert attention from the real issues at hand. Zimbabwe’s former Justice Minister Patrick Chinamasa has said that the MDC is training youth militias in Botswana for purposes of fighting the government in Zimbabwe.
Said Skelemani: “The allegations that the Government of Botswana would wish to train foreign nationals on its territory to effect regime change is ridiculous and all who are aware of Botswana’s longstanding commitment to the principles of good neighbourliness, non-interference in the internal affairs of others, and peaceful resolution of disputes in our region and elsewhere would no doubt attest to this.”
He said the government of Botswana totally rejects these unsubstantiated allegations, “which are obviously nothing more than an excuse to engage in acts of intimidation and harassment of innocent Zimbabweans and a desperate attempt to divert attention from the real issues facing Zimbabwe”.
He denied that Botswana was interfering in the internal affairs of Zimbabwe.
“Botswana has no choice but to openly express her concern about the deteriorating political situation, and make calls for authorities in that country to take necessary steps to end the unnecessary suffering of the people of Zimbabwe,” said Skelemani. “We do not accept that by doing so, we are interfering in the internal affairs of the Republic of Zimbabwe because the situation in that country adversely affects us.”
Skelemani said, while respecting governments’ consensus in the Southern African Development Community, the government of Botswana wanted to make it clear that it differs with SADC on some of the decisions passed at the SADC Extra Ordinary Summit held in Johannesburg, South Africa, on November 9, 2008.
He described SADC’s decision to order the co-management of a ministry by two ministers from different parties as “unrealistic, impracticable and unworkable”.
At the Johannesburg summit, SADC decided that Zimbabwe’s Ministry of Home Affairs, which is in charge of the police, should be run by two ministers from Robert Mugabe’s Zanu-PF and Morgan Tsvangirai’s Movement for Democratic Change.
“This does not reflect a genuine and credible commitment to equitable power-sharing,” Skelemani said, adding that the full and effective implementation of the Global Political Agreement signed in Harare on September 15, 2008 is crucial to ending the crisis of legitimacy in Zimbabwe.
“It is regrettable that Zanu-PF continues to act as if they are the senior partner in the negotiations wielding the power of veto on the implementation of the Agreement,” Skelemani said.
He pointed out that Botswana recognizes that decisions in SADC are reached by consensus, after which they reflect the collective position of the organization.
“However, it would be remiss of us if we did not express our strong reservations or disagreements, as we did during the summit, regarding the co-management of the Ministry of Home Affairs.”
In answer to a question from a member, Skelemani defended the MDC’s announcement that they would not be taking part in any SADC recommendations by saying that the MDC came to SADC with hope but were terribly disappointed when SADC turned against them and forced them to accept something else other than what they felt they deserved.
“They responded in shock. They were surprised by SADC’s stand. It is my hope that after they settle down, they will want to take part in what SADC recommended,” the minister said.
Turning to the agreement, Skelemani said that Botswana wished to reiterate its strongly held view that if the Agreement cannot be implemented as soon as possible, the international community should demand a re-run of the Presidential election in Zimbabwe “under international supervision so that the long suffering people of Zimbabwe can resolve the impasse by voting to decide who their true leaders should be”.
On sanctions against Zimbabwe, Skelemani said that Botswana would never consider such a move or support it as “it would only hurt the ordinary Zimbabwean”.
“As an immediate neighbour to Zimbabwe, sharing more than 600 km of common border, with a high level of people to people contact between the two countries, Botswana naturally takes a keen interest in developments in Zimbabwe…Botswana will not impose or support sanctions. Today, Zimbabweans are crossing the border into Botswana and imagine our soldiers feeding them. They are dropping at the feet of our soldiers…”
