25 Mar 2015

Minister of Defence, Justice and Security, Mr Shaw Kgathi, says his ministry continues to amend existing legislation and enact new legislation in order to improve delivery of justice.

Mr Kgathi was responding to a question posed by MP for Gabane-Mmankgodi, Major General Pius Mokgware in Parliament on March 23.

The minister acknowledged that there was delay in justice, adding that reasons for slow criminal justice processes were varied and included capacity constraints of both investigating and prosecuting agencies.

Minister Kgathi said the primary objective of a criminal justice process was to ensure that justice was delivered in accordance with the high standards set out under Section 10 of the Constitution that made provision for due process of the law, fair hearing and presumption of innocence and within reasonable time.

He said in 2014, the Criminal Procedure and Evidence Act was amended to allow for direct registration of murder and corruption cases at the High Court. He said this development gave the director of public prosecution the discretion to file such cases with either the magistrates court or the High Court.

Furthermore, Mr Kgathi said other facilitating laws enacted the same year included the proceeds and instruments of Crime Act which retains conviction based forfeiture but introduces new regime of civil forfeiture which is not conviction based as it secures property suspected to be a proceed or instrument of crime using a lesser burden of proof using a balance of probabilities.

The minister, who is also MP for Bobonong, said progress was being made regarding Whistle Blowing legislation, adding that a draft had been completed and would be taken through the necessary consultation process in government and would be finally brought to Parliament.

On Declaration of Assets, he said the position was that Cabinet Members declare to the President while MPs declare assets to the Speaker of the National Assembly, Chief Justice and Judges.

MP Mokgware had wanted to know if the minister was aware that Directorate on Corruption and Economic Crime (DCEC) was concerned by slow criminal justice process in Botswana which seriously hampers the fight against corruption and economic crime with cases taking too long to be disposed.

He also asked the minister what steps were being taken to improve the situation as well as address inadequate legislation that poses challenges to fight against corruption such as forfeiture of proceeds of corruption, Whistle Blowing and Declaration of Assets. ENDS