25 Jul 2013

 Members of Parliament on July 24 welcomed the Legal Aid Bill saying many Batswana have been turned destitute people because they could not afford exhorbitant legal fees.

MP for Mahalapye East, Ms Botlogile Tshireletso said many Batswana lost their possessions due to lack of legal representation especially in cases related to divorces and inheritance. She noted that many Batswana across the country were serving sentences for crimes they had not committed because of lack of legal representation.

MP for Molepolole South, Mr Daniel Kwelagobe supported the bill saying it was long overdue as not every Motswana could afford legal fees.  He however called for the decentralization of the legal aid services to districts to enable Batswana to access them without incurring additional hurdles such as travelling costs.

MP for Boteti South, Mr Lebonaamang Mokalake said only the rich had been enjoying the fruits of justice due to high legal fees.  He also called for establishment of a toll free number to enable everyone to access the free legal advice offered by the service.

MP for Francistown South, Mr Wynter Mmolotsi said although he welcomed the Bill, he had reservations as it is stated that the minister would appoint a Board in consultation with Legal Society.

Mr Mmolotsi said he had a problem because the word ‘consultation’ is not put to practice as people are only told but are never consulted. He further said this leaves room for corrupt practices as the ministry may appoint anyone he or she likes to the Board.

MP Mmolotsi also said the minister should not appoint a Board Chairman but the Board should be free to appoint a chairman amongst themselves.  He further stated that the minister should not appoint the Chief Executive Officer (CEO) as proposed by the Bill.

These sentiments were also echoed by MP for Mahalapye West, Mr Bernard Bolele who said Parliament has made changes to the effect that it was the Board in consultation with the minister that appoints the CEO not the other way round.  He asked why the minister should be involved in setting up remuneration for the Board Secretariat, and asked the minister to correct this when the Bill reaches committee stage.

However, Mr Bolele said he was happy that the roles of the board chairman and CEO have been divided.

MP for Lobatse, Mr Nehemiah Modubule said poor people have suffered because the wheels of justice were never turned in their favour due to high legal costs. He suggested that seasoned lawyers should participate in the programme to enable Batswana get the best representation.

Mr Modubule also said there was need for Batswana to be educated in legal matters as ignorance of the law is not an excuse. He however wondered why a member of Ntlo ya Dikgosi should be a board member of the Legal Aid.

The objective of the Legal Aid Bill is to establish a legal aid to provide access to justice for indigent persons in Botswana, the Minister of Defence, Justice and Security,  Mr Dikgakgamatso Seretse said in his presentation. ENDS