09 Jul 2014

The Proceeds and Instruments of Crime Bill, 2014 (No 3 of 2014) which seeks to deprive persons convicted of certain crimes of the benefits or rewards gained from such crimes, passed its second reading in Parliament on Tuesday, July 8.

In support of Bill, the MP for Mahalapye West, Mr Bernard Bolele said the Bill was long overdue and that it is in conformity with the trends around the world. 

He said corruption is a worrying crime and that it is a good timing that laws that seek to control it should be put in place.

Mr Bolele was however, concerned that the Bill mostly focused on punishing the offenders, but argued that legislation of this type has to consider giving victims of crimes a change to litigate for re-imbursement of their property.

The MP for Tonota North, Mr Fidelis Molao also supported the Bill, and said that in a country renowned for good democracy such as Botswana, such a Bill is welcome as it will help deter corruption in the country both within and outside government.

He said the Bill will also thwart efforts by criminals from enjoying the proceeds of their crimes after completing their prison term, something which he said has been lacking. Mr Molao however, cautioned that those who are put in custody of the suspected property while cases are on-going should be trusted authorities to avoid them misappropriating such exhibits.

The MP for Kanye North, Mr Kentse Rammidi also supported the Bill, but raised concern at the tendency by government to enact good laws only to fail to enforce them, which he said defeats the purpose of enacting such laws in the first place.

He cited the Directorate of Corruption and Economic Crime (DCEC) Act which provides for the prosecution of a person deemed to be living beyond their means, saying there is a lot of evidence of individuals living beyond their means even though the law does not act on them.

Mr Rammidi also said the Declaration of Assets Bill, which is yet to be brought back to parliament is also a good Bill which could go hand-in-hand with the Proceeds and Instruments of Crime Bill.
For her part, the MP for Serowe South, Ms Pelonomi Venson-Moitoi said there has been accusation in the past that the ruling party is reluctant to fight corruption, and said the Bill indicates to the contrary.
 She emphasized that the law should seek at protecting property owners. Ms Venson-Moitoi also said that corruption should not be seen as a remote thing, and that the media should desist from trying suspected persons.

Responding to the debates, the Minister of Defence, Justice and Security Mr Dikgakgamatso Seretse agreed with Mr Rammidi that laws enacted only to not be enforced are bad laws. 

He however, informed the house that there are current laws that give victims of crime a chance to prosecute for re-imbursement. He also informed them that the Bill only applies to serious crimes.

The Bill also seeks to deprive persons of property suspected to be proceeds of instrument of crime, as well as to deal with issues such as money laundering, racketeering and other incidental and connected matters.

Having passed the second reading, the minister suggested a later date for the Bill to pass through to the committee stage for a third reading. Meanwhile the Botswana National Sport Commission Bill No. 20 of 2013 also passed second reading after being adjourned pending further consultations. In the afternoon the Chairperson of the Committee on Youth, Sport, Arts and Culture Mr Dikgang Makgalemele tabled a report of the portfolio Committee on Youth, Sport, Arts and Culture on the Bill.

The Acting Minister of Presidential Affairs and Public Administration Mr Shaw Kgathi presented the Bill to Parliament.
ENDS