An LGBTQ+ advocacy group, Success Capital, through Lerumo Mogobe Law Firm, has issued a legal demand to NAHPA, calling for the release of funds allocated for LGBTI communities to combat HIV/AIDS, or face legal action. This comes after NAHPA’s sudden cancellation of the funds, a move the advocacy group has labeled “homophobic.”
GAZETTE REPORTER
A non-profit organisation that advocates for the rights of the queer community, Success Capital, has accused the National AIDS and Health Promotion Agency (NAHPA) of discrimination following cancellation of funds allocated for “Key Population HIV and AIDS Prevention Activities.”
The funds were specifically designated for marginalised and vulnerable men who have sex with men (MSM), as well as lesbian, bisexual and queer women.
Legal action
Success Capital has since engaged legal representation, instructing the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) and NAHPA to ensure that payment is made before Tuesday this week, which was yesterday.
At the heart of the dispute is a directive issued by NAHPA notifying Success Capital of the cancellation of the remaining grant funds despite NAHPA reportedly having no direct agreement with the NGO for disbursing funds to support its HIV/AIDS prevention activities.
NAHPA has struggled to clarify the rationale behind its directive, which has left Success Capital perturbed that the decision could be rooted in homophobia.
LEGABIBO rather than NAHPA
The organisation holds that since their contract was signed with LEGABIBO, any decisions regarding disbursement of funds should have come from LEGABIBO rather than NAHPA.
Documents obtained by The Botswana Gazette confirm that Success Capital entered into an agreement with LEGABIBO for implementation of HIV/AIDS interventions among the LGBTQI+ community.
The Executive Director of Success Capital, Dumi Gatsha, expressed shock at NAHPA’s decision to withhold over P200,000 in funding, especially given that the contract was nearing completion.
Homophobic
“There is a level of unprofessionalism and bias,” he said. “I have recognised that we are being discriminated against. NAHPA is putting up all sorts of barriers to make it difficult for small NGOs to grow.”
Gatsha described NAHPA’s actions as homophobic, questioning why the directive to cancel the funds came from NAHPA rather than LEGABIBO with whom Success Capital signed the contract.
“We would understand if that letter was written by LEGABIBO since they have a contract with us,” Gatsha added.
LEGABIBO was appointed as a coordinating agency by NAHPA and had entered into an agreement with Success Capital to oversee the implementation of HIV/AIDS programmes.
Trans-diverse communities
Gatsha maintained that NAHPA should have engaged with LEGABIBO directly, as the two organisations had signed a Memorandum of Understanding (MoA) for the implementation of HIV/AIDS Prevention, Treatment and Care strategies for LGBTIQ+, female sex workers, and trans-diverse communities.
Success Capital’s lawyers, Lerumo Mogobe law firm, have since written a letter of demand to both LEGABIBO and NAHPA, seeking payment of the remaining grant funds.
The legal team alleges a material breach of contract in relation to the disbursement of funds for Key Population HIV/AIDS prevention activities.
Contractual obligations
“Our client submitted its reports and an invoice accompanied by a formal request for the disbursement of the remaining balance of P221,286.29, which was due for payment in October 2024,” the law firm stated.
“However, despite our client fulfilling all contractual obligations and notwithstanding your undertaking to release the said funds, you have failed, refused, and neglected to issue payment to date.”
The law firm warned LEGABIBO and NAHPA that legal proceedings would be initiated if the funds were not disbursed this week.
Multiple reasons
In response, NAHPA’s National Coordinator, Ontiretse Letlhare, defended the agency’s decision, citing multiple reasons for the cancellation of the funds.
Letlhare highlighted concerns regarding delayed reporting, insufficient documentation and accounting discrepancies as key factors that contributed to the funding halt.