08 Apr 2018

Parliament has passed for third reading, the Police (Amendment) Bill, 2017, which seeks to amend the Police Act as was tabled by Minister of Defence, Justice and Security, Mr Shaw Kgathi on Thursday.

The Bill introduces varied terms of appointment to the Botswana Police Service. It empowers the Commissioner of Police to make appointments on permanent and pensionable contracts, part time or temporary terms, including the rank of director in the civilian cadre.

Director in the Civilian cadre was appointed by permanent secretary, but the amendment would now allow the Commissioner of Police to have overall superintendence of all personnel working for the Botswana Police Service.

The Bill also provides for sharing of information in criminal matters with foreign law enforcement agencies and introduces the requirement for interdicted officers to surrender their uniform and equipment forthwith as may be ordered by a senior officer.

“This will ensure that police uniform does not fall into wrong hands, thereby compromising the good name of the Botswana Police Services,” he said.

The Bill also provides that a police officer whose term of employment has been terminated, should hand over property of government such as bicycles, camping equipment, uniform and related items as well as the house.
It also includes provision for police officers to seek permission to cohabit or marry foreign nationals.

Under the same Bill, there is provision for compulsory retirement of police officers from service on attaining 62 years as opposed to the current Act whereby retirement age for police officers is 60.

Commenting on the Bill, MP for Mmathethe-Molapowabojang, Dr Alfred Madigele supported the Bill, saying it empowered and strengthened the powers vested on the Commissioner of Police to be able to take command in the police force without having to defer.

He, however said he had difficulty with the clause which sought to allow cohabitation because it was difficult to control as to who police officers should associate or fall in love with.

MP for Sefhare-Ramokgonami, Ms Dorcus Makgato said the fact that the Bill empowered the Commissioner would certainly give the one in charge powers to give direction to police officers.

She said she welcomed the revised retirement age and the sharing of information with foreign law enforcement agencies, which she said would improve ability to solve criminal cases.

MP for Gaborone Bonnington North, Mr Duma Boko cautioned that a clause that sought to regulate private interaction on citizens, regardless of the occupation they have chosen, was the worst error that Parliament would have ever made.

He said seeking permission to cohabit or marry a foreign national was worrying because it was not stated as to what the problem had been with marrying or cohabiting with foreign nationals.

“What is the mischief you are seeking to address? What is the scale and magnitude of that problem? Why should the commissioner go into households to regulate as to who police officers should cohabit with, and why should we incur expenses in regulating private affairs of police officers?” he asked.

Mr Boko further suggested that the age for retirement should be 65 instead of 62.

Gaborone North MP, Mr Haskins Nkaigwa said he was concerned about the high number of unfair dismissal of police officers, adding that establishment of police council would be a welcome development that would minimise unfair dismissal of officers.

Mr Nkaigwa said the Bill would ensure that disciplinary procedures were followed and that conditions of police officers such as their accommodation would be taken into consideration.

He also said existence of special constables should also be incorporated into the Bill because most of them were hired for two years and sometimes ended up without permanent employment.

Again, he said he was against the clause on cohabitation because before marrying, people usually lived together while still dating.

Mahalapye East MP, Ms Botlogile Tshireletso supported the Bill, saying surrender of police uniform would minimise cases where some people engaged in criminal activities under the cover of police uniform.

Ms Tshireletso argued that cohabitation should be embraced because asking for permission to fall in love was not feasible.

However, she said the long completed new police buildings had become a white elephant, having awaited occupation for far too long.

Shoshong MP, Mr Dikgang Makgalemele also concurred with colleagues that cohabitation should be allowed because it was the beginning of most marriages.

Mr Makgalemele said he welcomed the initiative for commissioner to reward police officers.

MP for Francistown West, Mr Ignitius Moswaane said the clause on cohabitation should instead allow foreigners to be introduced to the commissioner to take notice of their stay, instead of seeking permission to cohabit.

He also said he was worried that special constables were not employed on permanent basis regardless of how long they had served, whereas it was proven that in most cases they ran the stations.

“The two years they have served is enough for them to prove their worth,” he said

Mr Moswaane further said he was worried that special constables fell out of bracket age for employment while still serving as special constables.

MP for Selebi Phikwe East, Mr Nonofo Molefhi said he was worried that while police officers were under interdiction, they were not fully paid.

He argued that such officers should be allowed to exercise their political rights, including lobbying for their family members contesting for elections.

Gabane-Mmankgodi MP, Major General Pius Mokgware said he was worried that some clauses in the Bill were subject to oppressing and infringing the rights of men and women in the disciplined forces, citing the cohabitation clause as an example. Ends