Dutch court hands Basebya six years for Genocide

Basebya (seated) during one of the court hearings. Net photo.

A Rwandan-born Dutch citizen has been sentenced to six years and eight months in jail for inciting genocide.

Yvonne Basebya, 66, was convicted of inciting genocide against her ethnic Tutsi neighbours before the 1994 Genocide against the Tutsi, before moving to the Netherlands in 1998.

She was cleared of other charges, including perpetrating Genocide, murder and war crimes.

More than one million people were killed during the genocide.

The case made Basebya the first Dutch citizen to be convicted of crimes related to the Genocide.

Basebya wore a pink jacket, black trousers and sat impassively during the sentencing, the AFP news agency reported.

“She incited unfortunate youngsters to commit murder against Tutsis during meetings, as evidenced by the song she sang, ‘Tuba Tsembe Tsembe’, which means ‘let’s exterminate them all’,” Judge Rene Elkerbout said.

The wife of a former Rwandan government minister, Augustin Basebya, she immigrated to the Netherlands in 1998 – before her crimes were known.

She was prosecuted as a Dutch citizen.

Thijs Berger, the Dutch national prosecutor told The New Times earlier this week that in the trial they had demanded the court to hand Basebya life sentence. 

Basebya is the second Rwandan to be tried by courts in the Netherlands over Genocide charges.

In July, 2011, a Dutch appeals court sentenced Joseph Mpambara to life in prison.

John Bosco Siboyintore, the head of the Genocide Fugitive Tracking Unit, told this paper in an earlier interview that they trusted justice in the Netherlands.

Years ago, a Gacaca court in Gikondo, Kigali, found Basebya guilty of genocide crimes and sentenced her, in absentia, to life in prison.

In Basebya’s trial, 70 witnesses for the prosecution ,mostly from Rwanda were interrogated from the ground of the offence, according to Thijs Berger, prosecutor.

Kibaki assures Rwanda of trade flow ahead of polls

President Kagame with Nyagah (2L), Foreign Affairs Minister Louise Mushikiwabo, Chief Economist in the Kenyan Ministry of Transport, George Ndegwa (2R), and Kenyan Deputy High Commissioner, Kennedy Mokaya after the meeting yesterday. . 

 

Kenyan President Mwai Kibaki has re-assured Rwandans, especially the business community, that the upcoming presidential elections will not interfere with the trade flow from Kenya to Rwanda.

Kibaki’s message was delivered to President Paul Kagame yesterday afternoon by the former’s special envoy, Joseph Nyagah, also the Minister for Cooperative Development.

The last Kenyan election violence in 2007 left over 600,000 people displaced following a disputed presidential poll and more than 1,200 people were killed.

Ugandan and Rwandan businesses lost their properties worth US$47.5 million in the violence, and are still awaiting compensation.

Most products to and from regional countries go through Mombasa port, the biggest port in the region. Rwanda mainly relies on Northern Corridor that also serves other countries like Uganda, (Northern) Tanzania, DR Congo and South Sudan, which highlights Kenya’s significance in regional trade.

In January, the Rwanda Long Distance Trucks Drivers Association had asked for assurance from the Kenyan government that their goods would be secure as they are being ferried from Mombasa.

“President Kibaki asked me to come and explain to President Kagame what we have done this time in order to ensure that the flow of trade will continue irrespective of what happens in Kenya. I was able to explain to President Kagame that unlike last time in 2007 when the security forces were caught unaware by the situation, this time our security system is ready. We also have major changes in the Judiciary and other institutions,” Nyaga told The New Times in an interview.

Mombasa is Rwanda’s main exit and entry port through Uganda. The port handled over 260,238 tonnes of Rwanda-bound goods last year, up from 226,093 tonnes in the previous year. The Northern corridor is shorter and les costly compared to ferrying goods through Dar-es-Salaam.

Nyaga pointed out that, “As far as the flow of trade is concerned we confirm there is peace at the port of Mombasa for the goods of the neighbouring countries and we also assured the President that we have security arrangements in case of chaos which we do not anticipate this time.”

President Kibaki, who has led the country since 2002, will step down after the March 4, 2013 general election.

According to Nyaga, “there will be a special escort for consignments from the port all the way to Malaba Kenya border.

“We have helicopters surveying and controlling the route, we have security personnel every few kilometres all the way because we are committed as a country to ensuring Rwandans do not suffer,” he said.

He added that President Kibaki felt it was fair to explain to his Rwandan counterpart about the measures taken to ensure safety of trade flow during this period.

“President Kagame understood and appreciated the concerns that Kenya has. There are more measures that have been put in place and we expect that what happened would not happen again,” said Nyaga.

During the 2007/o8 post election violence, President Kagame proposed that a stable institution in Kenya could have saved the situation.

Kenya has since undertaken sweeping reforms. Parts ammendments in the reforms in the Constitution and changes in the police, army and Judiciary.

Over 600 Kenyans  in Rwanda have registered to participate in the election and they will, for the first time, cast their votes at the Kenyan High Commission in Kigali.

The candidates in the race for Kenya’s top office include Uhuru Kenyatta (Jubilee Coalition), Raila Odinga (Cord), Mohamed Abduba Dida and Martha Wangari Karua. Others are Peter Kenneth, Prof James ole Kiyiapi, Paul Muite and Wycliffe Musalia Mudavadi.

In a related development, President Kibaki, yesterday called for calmness during the elections.

He said, “I make a passionate plea for all of us to vote peacefully. Indeed, peace is the cornerstone of our development. As a country, we must consolidate the development strides we have made by ensuring a free, fair, just and peaceful election. Let us send a clear message to the world, that our democracy has come of age. A peaceful vote is a vote for a secure, prosperous and stable Kenya.”

Budget row: Why we’re angry with Jonathan – Senate

Following the controversy that trailed the passage of 2013 budget, Senate has decided to take on the Presidency by effecting changes in the budgeting process and national planning. The Upper Legislative Chamber is also set to enact a law that would discard the ‘envelope’ system practised by the executive in the budgeting process.
Senators lampooned a system when the Presidency, through the Budget Office and the Finance Ministry would restrict ministries, departments and agencies (MDAs) from fixing recurrent and capital expenditure in a financial year. The National Assembly has always been at loggerheads with the Presidency over the ‘envelope’ system.
These resolutions emerged from a motion on the call for a review of national planning and budgeting process sponsored by Senator Olubunmi Adetunmbi and 46 other Senators including Deputy Senate President Ike Ekweremadu, Senate Leader Victor Ndoma-Egba (SAN), Minority Whip Ganiyu Solomon, Smart Adeyemi, Kabiru Gaya and Uche Chukwumerije. Adetunmbi noted that the “current national budgeting process makes the legislature less involved and at best, reactive; relying solely on the information provided by the executive.
“Under the current arrangement, there is an absence of a coherent and systematic means of exerting legislative control over the fiscal priorities of the Federal Government,” He also expressed concern that “current annual incremental ‘envelope’-based budgeting being used by the Federal Ministry of Finance is arbitrary and not pro-growth and is one of the factors responsible for the slow shift from recurrent to capital-led annual budget in Nigeria.” Contributing to the debate, Ndoma-Egba reiterated that “whatever comes from the executive is not a Bible or Qu’ran that cannot be reviewed. Now, they know they are wrong.
“The annual budget, as I know it, is just a segment of a national plan…There’s a disconnect between the body that has the ultimate power for appropriation and the body that makes plans.” Speaking on the ‘envelope’ system, Ndoma-Egba urged the chamber to take a close, second look at a system alien to the 1999 Constitution.
“The envelope system of budgeting makes no meaning to me. We must take a second look at this envelope system…recurrent budget doesn’t deliver dividends of democracy for the people; capital budget does. In a system where recurrent expenditure is bigger than capital expenditure, we are only developing poverty.” His deputy, Sen. Abdul Ningi, asked the Senate to “amend the National Planning Act.” Solomon agreed with Ningi on the need to amend the national planning department and wondered why Nigeria no longer operates a balanced budgeting system. “We no longer talk of balanced national budgets anymore.
It seems we’ve accepted that anytime they bring a budget here, it must come with deficit. There have been reports of recovery of funds from the late Gen. Sani Abacha but it’s never reflected in the budget. What’s happening? “In fact, there’s no criterion for budget performance!” Rounding off the debate, Senate President David Mark bemoaned the fact that past national budgets had failed as they had not contributed to the country’s economic growth.
“While the debate was going on, I decided to read up the National Planning Commission Act and everything we said is contained in that Act…The problem is that people have failed to do what they are supposed to do. Some others have become too powerful and hijacked other people’s work and refused to allow those who have been charged with specific responsibility to do what they are supposed to do. “If you go through the National Planning Commission Act, the objectives and the functions of the commission are precisely what we have said here.
A system that has not worked, people who are operating it resist changes, they do not want to change the system because changing the system means that they will lose some authority that they have arrogated for themselves. I think that is not in the best interest of Nigeria.
Our budgets over the years have not brought growth, it has not improved employment rate, it has not brought dividends of democracy as far as they have expected it. “I think that there is basically a problem with the ‘envelope’ system and that has to change. Our committees would take full responsibility if in the 2014 budget, they are not able to effect changes…” Mark said.

Ambulance shortage now at crisis levels

 

With the Ministry of Health facing a crisis as a result of a shortage of ambulances, the Assistant Minister of Health, Gaotlhaetse Mathabaphiri, has told parliament that his ministry has engaged the Central Transport Organisation to make an exception and allow the ministry to take charge of its fleet.

Currently, the CTO is responsible for buying, maintenance and repairing of all government vehicles.

Responding to a question by Okavango MP, Bagalatia Arone, during the minister’s question time on Friday, Matlhabaphiri acknowledged that the ministry is faced with a crisis owing to a shortage of vehicles.

Many patients across Botswana, especially in rural areas, are unable to access health facilities because of the unavailability of ambulances.

Matlhabaphiri said that out of a total of 577 vehicles, 130 had been declared unusable by CTO. He also said a total of 193 vehicles were currently at different CTO depots awaiting service and tyre changes.

“We are in talks with CTO to see if we cannot manage and fix our own fleet,” he said.

The minister said that it could expeditiously fix some of their vehicles by outsourcing to reputable garages, adding that recently the ministry distributed a number of vehicles to be used across the country in primary hospitals. He said that a total of 6 vehicles were distributed across the Okavango region.

However, subsequent to that, five vehicles broke down and were taken to CTO for repair.
“The only solution is to outsource,” added Matlhabaphiri.

“In other places, we have directed district primary health centres to seek assistance from the district offices,” he said.

Matlhabaphiri said this while responding to a follow up question by MP Reggie Reatile, who had wanted to find out what the ministry is doing as a temporary measure to remedy the state of affairs.

The minister was unable to give a time frame as to when government hopes to have addressed the transport crisis within government hospitals and clinics.

Meanwhile, MP Kentse Rammidi has expressed concern that the Ministry of Health’s proposal to take over its fleet from CTO could affect the ministry’s budget and lead it away from its core business.

Details of BDF intelligence illegal spying on former deputy commander kept secret

Details of how beMobile cellular phone service provider helped Botswana Defence Force military intelligence to eavesdrop on dismissed former Deputy Commander, General Pius Mokgware’s cellular phone conversations may be kept secret following an out of court settlement on Monday.

Mokgware had launched a lawsuit against BDF and beMobile after he was dismissed from the army allegedly following an extra-judicial surveillance against him, which he described as “systematic monitoring and tapping of phone calls, communications from his cellular phone and general surveillance”.

It is believed that President Lt Gen Ian Khama and the BDF fired the former deputy commander on the strength of intelligence illegally gleaned from his BeMobile cellular phone conversations.

Mokgware has since withdrawn his case against BDF following an out of court settlement. The lawsuit against beMobile, however, is still before court.  

Indications are that beMobile will take cue from the state and opt to settle out of court.
Mokgware had wanted a total of P12 million; P6 million from BDF and P6 million from beMobile.

In an amended affidavit, Mokgware is demanding that BTC and beMobile furnish him with documents he requires for purposes of his law suit against the two state-owned phone service providers.

The former BDF boss states in his statement that beMobile General Manager, Anthony Masunga, had told him that they had recently taken disciplinary action against employees they had found to be accessing customers’ accounts without authority and that the system had provided the information necessary to trace the employees in question.

Mokgware was responding to beMobile’s reasons for declining to produce the print out showing persons who had accessed his cellular phone account claiming that beMobile system does not create logs or print outs from which it can be determined who has accessed an account.

“This runs contrary to the information that I was given by Mr Masunga when I first reported my complaint a day following receipt of the sms subject of litigation,” said Mokgware. He said at the time, Masunga assured him that each user with access to customer’s accounts has a password and once such password is used at any given time the system records who has accessed information and what particular account they were accessing.

“Mr Masunga assured me at the time that they would thus be able to trace such user, if any, in their investigation into my complaint. I, therefore, dispute the current about turn taken to claim that such information is not generated at all,” states Mokgware.

He also accuses BTC of attempting to deny the existence of documents generated by BeMobile consequent to his lodging a complaint with Masunga.

“I wish to point at this juncture that such denial cannot be correct as upon following up progress on enquiry into my complaint some in February/March 2012 with Mr Masunga, he told me personally that since I have also reported the matter to Second Respondent (The Director General, Directorate of Intelligence and Security) Second Respondent office was not in a position to give any feedback directly back to me on the matter. He advised me in this regard to take up the matter with the Second Respondent,” says Mokgware.
He said he was advised by the DIS Director, Isaac Kgosi, that statements had been taken from persons referred to and records obtained from beMobile, including a report from beMobile.??“He further advised that his office was not in a position to divulge to me the contents of the documents and their report on the matter in the absence of a court order to that effect,” he said.

In an earlier letter to the Attorney General Athaliah Molokomme and retired BDF Commander General Tebogo Masire, General Mokgware had alleged that around January 2010, a BDF Intelligence Officer (known to this paper) erroneously sent him a text message requesting details of his communication on his private mobile number.??He states that from the text message, it was clear the message was a request to a beMobile employee and “it was self evident from the sms that this was not the first time that such information had been requested”. ??Mokgware further claimed that his investigations pointed to the involvement of the army’s high ranking officials who instructed junior officers to tail him.