12 Dec 2017

Minister of Defence, Justice and Security, Mr Shaw Kgathi has presented to Parliament the draft Botswana Defence Force (BDF) Bill No 32 of 2017.

The  Bill is to repeal and re-enact with amendments the BDF Act because since inception in 1977, the BDF has experienced  growth (material and manpower resource), which necessitates the need to review and update the Act.

Mr Kgathi said the Bill continued the BDF with improved focused structure and function to be abreast with best military practice.

“It has become necessary to update the Act so that it becomes relevant to the contemporary operating environment, and make amendments which reflect the environment and the significant organisational growth, the changed mission requirements as well as align the BDF Act to other laws of Botswana,” he said.

The Bill among other things introduces revised functions of BDF, re-aligns the functions of the Defence Council and introduces new military governing body being the Defence Board.

The Bill also introduces new disciplinary offences and amends existing offences in order to instill discipline and reflect modernisation with regard to the ever changing social, economic, environmental and general military environment.

New offences include among other fraternisation, sexual harassment, spying and espionage.

The draft Bill also introduces the court martial as a standing court in which the Commander does not play an active role while the Judge Advocate General, Court Administrator and the Director of Military Prosecutions have been introduced to ensure an impartial military justice system.

The Bill provides for limitations of fundamental rights and freedoms reasonable necessary and justified for purposes peculiar to military service.

The Bill also provides for the establishment and management of welfare funds by operation of law as opposed to the current dispensation welfare schemes that are run administratively. BOPA