04 Aug 2020

Parliament on Monday started debating Botswana Defence Force (BDF) Amendment Bill of 2020. 

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 in who should be appointed in the position of Judge Advocate General at BDF to make it possible to consider appointing non-military personnel to the post, should it be necessary. 

Contributing to the debate, MP for Francistown East, Mr Buti Billy said he supported the Bill because the appointment of the Judge Advocate General was meant to improve working conditions at BDF.

Palapye MP, Mr Onneetse Ramogapi rejected the Bill, arguing that it was politically motivated  and was likely to frustrate and intimidate those within the military, thus creating conflict of duties as it impeded their promotion. 

Furthermore, he said it was important to review the BDF Act holistically because reviewing in piecemeal might seem as if the position was designed for a particular individual.

MP for Kanye South, Dr Lemogang Kwape supported the Bill, saying it was important as it sought to give any Motswana with required requisites an opportunity fill the post. 

Okavango MP, Mr Kenny Kapinga rejected the Bill arguing that the military by its nature had ethos and culture of discipline that should be maintained.

He said whoever was appointed should be someone who understood the BDF, especially that such an individual would be advising the BDF commander, adding that should a civilian be appointed, there was likely to be two centres of power in the army. 

Also debating the Bill was MP for Mochudi West, Mr Mmusi Kgafela, who supported the bill, saying the law was amended to make it inclusive and provide room for any qualified Motswana to be appointed to the position.

Selebi Phikwe West MP, Mr Dithapelo Keorapetse rejected the Bill on the bases that most soldiers who had pursued military law within the BDF qualified for the position.

He also said he lawyers within BDF might end up leaving the military to set up private legal practices because of disillusionment. 

Sefhare Ramokgonami MP, Dr Kesitegile Gobotswang said the military was a sensitive institution that should be protected.

 In this regard, he said it was important to overhaul the BDF Act and conduct its comprehensive review. 

Bonnington North MP, Ms Annah Mokgethi supported the Bill, saying that it would make BDF to have well experienced legal brains outside the army.

Specially elected MP, Ms Beauty Manake also supported the Bill, stating that BDF was overwhelmed with many cases, adding that currently there was no appropriate person within the military who qualified for the position.

Ms Manake said whoever would be appointed would be advised by the defence counsel and as such would not serve his or her interests and would not only deal with military issues, but other local issues as well.

The amendments that were introduced to the BDF Act  in 2018 established the offices of Judge Advocate General to act as senior legal advisor to the defence force and to oversee administration of the military justice system. Ends