30 Jul 2020

Minister of Defence, Justice and Security, Mr Kagiso Mmusi on July 29 presented the Botswana Defence Force (BDF) Bill, 2020 Bill for second reading in Parliament.

The Bill seeks to introduce new provisions to the BDF Act that was amended in 2018 to improve the military justice system.

It seeks to amend provisions in Section 248 and 249 to make them less prescriptive as to who should be appointed the position of Judge Advocate General at BDF so that it is possible to consider appointing non-military personnel to the post, should it be necessary. 

The amendments introduced in 2018 established the office of Judge Advocate General to act as senior legal advisor to the defence force and to oversee administration of military justice.

Minister Mmusi said Section 248 provided that a Judge Advocate General shall be an officer not below the rank of Brigadier and that such appointee should be a military officer.

In this regard, he said the requirement that candidates must be military personnel of specific rank presented implementation difficulty for BDF because currently there were no personnel that qualified due to staff attrition over the years.

''This has serious implications for dispensation of military justice which cannot take place without a judge advocate general,'' he said.

When supporting the Bill, MP for Tati East, Mr Douglas Letsholathebe said the Judge Advocate General' duties would become handy in advising the military in general when important decisions were to be taken. 

MP for Ramotswa, Mr Lefoko Moagi said the position was  important for dispensation of justice as the BDF had evolved over the years.

''The position is important because that individual will be the legal adviser to the BDF commander,’’ he stated.

MP for Chobe, Mr Machana Shamukuni argued that there was a backlog of cases at BDF, hence the position would help a great deal. He said the position was relevant for anyone acquainted or competent with military law, hence it would not make any harm to hire a civilian.

MP for Molepolole North, Mr Oabile Regoeng said he supported the amendment bill because it was presented for a good cause.

Specially elected MP, Mr Kefentse Mzwinila said the bill was progressive as the position would be held by a citizen and not an individual from another country.

He further argued that the position was important for orderly dispensation of justice in the military.

He said appointment of civilians would also auger well for dispensing justice without favour or any vested interests as opposed to a military judge advocate who could be privy to some personal vendettas within the military.

''This is a well thought bill in the dispensation of justice within the military, '' he said.

Specially elected MP, Dr Unity Dow said the bill was important as it responded to the reality on the ground as currently there was no one who qualified to be hired from the army.  MP for Jwaneng -Mabutsane, Mr Mephato Reatile said he had reservations with the bill because it was not clear with regard the key competencies needed for the position.  

Boteti East MP, Mr Sethomo Lelatisitswe also spoke in support  of the bill, saying it was important in the dispensation of justice.

Francistown South MP, Mr Wynter Mmolotsi said he was against appointment of civilians to the position because there were many BDF officers who could be appointed to the position. 

He said the reason for reviewing the BDF Act in 2018 was to ensure that army officers progressed accordingly within their departments.

''It will be unfortunate to appoint a civilian into the military discipline to become a judge advocate general, “he said.

He also argued that the age bracket was not specified hence there was possibility of appointing a retiree of over 70 years which he said was unpalatable.

Thamaga-Kumakwane MP, Mr Palelo Motaosane’s bone of contention was that the act should be reviewed holistically as doing it in piece meal could leave out important aspects in the BDF Act.

Furthermore, he advised that whoever was appointed should be someone without active political background as that could raise eyebrows. 

Shashe West MP, Mr Fidelis Molao and Lentsweletau - Mmopane MP Ms Nnaniki Makwinja concurred that the position was important because mostly the cadre required good leadership skills and wisdom necessary for dispensation of justice. ends