07 Jun 2018

While the attempt to plug the gaps that exist in the Counter-Terrorism Act is commendable, Gaborone Central MP, Dr Phenyo Butale has underscored the need to do even more as several other loopholes still existed.

In his contribution to the debate on the amendment bill Wednesday, Dr Butale highlighted the importance of ensuring that the bill was watertight in all respects.

The MP noted the silence of the bill on the need for a regulatory framework which would impose obligations on entities such as the Financial Services Agency to act on acts of terrorism as one of the shortfalls of the bill.

He said it was critical for the bill to spell out in clear terms how such entities should deal with matters relating to the carrying out of acts of terrorism, adding that the law should empower such agencies to freeze assets of terrorist individuals or groups.

Another factor that was necessary, Dr Butale said, was the need to empower financial services regulatory entities like NBFIRA to monitor compliance to financial services regulations.

In addition, he said it was important that there be clear measures in place locally on how to deal with persons or groups listed as terrorists.

MP Butale also said the move to criminalise the financing of terrorism should to be clear on its intention to root out the financing of terrorism activities.

Regarding the proposal that the counter-terrorism analysis and fusion centre be placed under the watch of the Directorate of Intelligence and Security Services (DISS), the MP argued that it was important for the unit to be given the autonomy to perform its functions without hindrance.

He noted that having been created by statute, it would be improper for the centre to then be left at the benevolence of the DISS director general.

Also of importance, he said, was the need for clarity on how the centre would be funded, indicating that without such clarity on funding, there was a possibility of it being starved of resources. MP Sedirwa Kgoroba of Mogoditshane expressed worry that permanent secretaries and other senior government officials would dominate the proposed national counter-terrorism committee. He said it was disappointing that while the same officials sat in several boards of parastatals, they were given additional duties to perform.

He wondered if this was an indication by government that there were no other Batswana capable of performing the duties.
Mr Kgoroba also said with permanent secretaries being at the beck and call of their superiors, it made one wonder if they would be objective in their discharge of their duties in the committee.

In response to MPs contributions to the bill, Acting Minister for Presidential Affairs, Governance and Public Administration, Mr Machana Shamukuni assured Parliament that the counter-terrorism laws would be subjected to reviews as and when the need arose.

This, he said, was in appreciation of the fact that terrorism evolved on a daily basis. Mr Shamukuni also assured MPs that their suggestions would be considered to ensure that all possible loopholes were plugged. Ends