03 Mar 2015

There are no plans to make the Directorate on Corruption and Economic Crime (DCEC), Directorate of Intelligence and Security Services (DISS) and Office of the Ombudsman report directly to parliament, as they are already autonomous. 

This was said by the Minister for Presidential Affairs and Public Administration, Mr Eric Molale, when responding to a question in parliament from Gaborone North MP, Mr Haskins Nkaigwa.

“All these three institutions are autonomous and subject to normal parliamentary oversight,” he said.

Both the DCEC and the Ombudsman, Mr Molale said “do not report directly to Parliament; nor do they report directly to anybody, whilst there is direct reporting to parliament by the Intelligence and Security Service.”

Mr Molale said Section 4(3) of the Corruption and Economic Crime (Amendment) Act, No.6 of 2013 provided that: “Any decision, including investigations by the Director-General shall not be subject to the direction and control of any person or authority.”

Additionally, he said Section 9(1) of the Ombudsman Act (CAP. 02:12) provided as follows: “In the discharge of his functions, the Ombudsman shall not be subject to the direction or control of any other person or authority and no proceedings of the Ombudsman shall be called in question in any court of law.” 

Furthermore, the minister said in terms of Section 9(2) of the Act the Ombudsman made annual reports to the President concerning the discharge of his/her functions and such reports were laid before the National Assembly.However, he said Section 38(1) of the Intelligence and Security Service Act (CAP.23:02) establishes a Parliamentary committee known as the Intelligence and Security Parliamentary Committee “to examine the expenditure, administration and policy of the Directorate.”

Mr Nkaigwa had wanted to know if there were any plans to have autonomous structures of the DCEC, DISS and Office of the Ombudsman that would report directly to parliament.  ENDS