06 Jun 2018

Several MPs have thrown their weight behind the Counter-Terrorism Amendment Bill, describing it as a timely development that would serve to protect Botswana from the growing risk of acts of terrorism.

After the presentation of the bill by the Acting Minister for Presidential Affairs, Governance and Public Administration Mr Machana Shamukuni on June 5, the MPs took to the floor to appreciate the continued efforts by government to be proactive on the matter of terrorism.

Describing the bill as overdue, Specially Elected MP Dr Unity Dow said it was important to not assume that what was happening in other countries could not happen in Botswana particularly that several developments such as internet connectivity had since made traditional borders to seem useless. This, Dr Dow observed meant that Batswana were equally susceptible to acts of terrorism.

The MP, who is also the Minister of Infrastructure and Housing Development, also commended the bill for the upward adjustments to the penalties that would be attracted by engaging in terrorist acts, saying matters of terrorism were high stakes issues that needed to attract appropriate punishments.

Mahalapye West MP Mr Joseph Molefe noted that with Botswana being part of the global village, there was need for the country to have in place laws such as the Counter Terrorism bill to protect its people.

Mr Molefe said it was pleasing that some of the proposed amendments included the criminalisation of the funding of terrorism and that of the taking of hostages. The legislator however disagreed with the proposal that an envisaged Counter-Terrorism Analysis and Fusion Centre be placed under the oversight of the Directorate of Intelligence and Security Services (DISS), saying the latter should be a stakeholder to counter-terrorism efforts and not be an oversight body.

He said it was critical that the committee in question be fully autonomous so as to effectively discharge its duties.

MP Kefentse Mzwinila of Mmadinare said the bill was necessary especially that there were emerging terrorism threats both locally and globally.

Mr Mzwinila, who emphasised that a country’s counter-terrorism strategy needed to be kept secret, wondered how Botswana would ensure the secrecy of its counter-terrorism strategy.

He said with the large numbers of members of the proposed committee, who would not be subjected to taking any oath of secrecy, it would be difficult to ensure the secrecy of the country’s counter-terrorism strategy.

Further, he pointed out that the possibility of the members delegating their juniors to take care of the committee’s business would further complicate the situation and make it even more difficult to ensure that the strategy remained secret.

MP for Gaborone South and also Deputy Speaker of the National Assembly, Mr Kagiso Molatlhegi also welcomed the bill. He however expressed discontent at what he termed limitations in it; citing such limitations as those in the clause pertaining to the transportation of persons suspected of having committed acts of terrorism.

He said in limiting the transportation of such persons to the use of a ship. Aircraft and vehicle, the bill would be inadequate as in Botswana for instance there were several other modes of transportation such as donkey carts or even just donkey and horse riding.

Mr Molatlhegi also decried the limitation regarding the death of a hostage, saying the bill should simply state that should a hostage die because of whatever reason whilst being so held, the persons or members of a group responsible for holding them in captivity should be subjected to capital punishment.
In her contribution, MP Botlogile Tshireletso of Mahalapye East said the upward review of punishments that could be meted out to those convicted of engaging in acts of terrorism would serve as a deterrent to engaging in such.

She also welcomed the setting up of a committee that would recommend the designation of individuals or groups as terrorists.
Ms Tshireletso, also Assistant Minister of Local Government and Rural Development sought to know whether there would be laws regulating the work of the particular committee.

For his part, Maun East MP Mr Kostantinos Markus observed that the fact that Botswana had so far not experienced any acts of terrorism did not in any way mean that the country could never suffer such.
He said it was therefore important to be prepared.

Adding to the debate, Gaborone Bonnington South MP Mr Ndaba Gaolathe hailed Botswana for her efforts to respond to the global problems of terrorism and money laundering.
Mr Gaolathe also appreciated the move to criminalise the funding of terrorism.
Regarding the national counter-terrorism committee, the legislator said the committee struck him as extremely bureaucratic, noting that there was no reason why it had to include such a huge number of Permanent Secretaries and other senior government officials.

As for the Counter-Terrorism Analysis and Fusion Centre being under the oversight of the DISS under the current Counter-Terrorism Act, MP Gaolathe said incorporating the centre under an ill-configured entity such as the DISS would set it up for failure.

He said with there having already been problems of oversight with the DISS, it would not be prudent to place the proposed centre under the intelligence body’s watch.

Rendering his contribution to the debate, Advocate Duma Boko wondered if those declared terrorists would be entitled to a hearing as the law would ordinarily require.

The Gaborone Bonnington North legislator and also Leader of Opposition, also appealed to the minister to explain why the proposed national counter-terrorism committee needed to be so large, as well as to outline the functional competences that were required for membership to the committee. Adv. Boko further expressed disappointment that the bill was still silent on the issue of oversight despite there having been issues regarding oversight over the DISS.

Minister Shamukuni had, in presenting the bill, said that while the Counter-Terrorism Act provided for measures to prevent and combat acts of terrorism including the financing of terrorism, the act had on assessment by the Eastern and Southern Africa Money Laundering Group (ESAAMLG) been found deficient.

Mr Shamukuni said the object of the bill was thus to address the deficiencies by providing for among others, the criminalisation of the financing of terrorism, as well as the criminalisation of the taking of hostages as a separate offence. He said the bill further sought to extend the offence of the transportation of persons suspected of having committed acts of terrorism on board a ship to similarly apply to the transportation of such persons on an aircraft or vehicle.

The acting minister stated that the bill also sought to re-enact Section 12 of the Act to establish a committee responsible for recommending to the minister, the designation of persons or groups as terrorists.

He said it also provided for the re-constitution of the Counter-Terrorism Analysis and Fusion Centre as a centre under the DISS. The debate on the bill continues. Ends