05 Aug 2020

Following presentation of the BDF Amendment Bill of 2020 for second reading in Parliament last week by Minister of Defence, Justice and Security, Mr Kagiso Mmusi, the bill continues to ignite mixed reactions among legislators. 

The Bill seeks to amend the BDF Act in order to address a challenge that BDF was facing with respect to filling the vacancy of Judge Advocate General.

Furthermore, it seeks to amend provisions in Section 248 and 249 to make them less prescriptive in who should be appointed to 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.

Key issues raised by MPs from both isles are that it was the responsibility of legislators to ensure that the military justice system was operational to oversee administration of military justice.

Contributing to the debate, members of the Botswana Democratic Party were of the view that following the amendment of the BDF Act in 2018 to improve the military justice system, it had not been possible to fill in the post as it was prescriptive as to which rank should fill-in the post, hence the need to further amend the Act to make it more accommodative.

Section 248 of the BDF Act provides that a Judge Advocate General shall be an officer not below the rank of Brigadier and that such appointee should be a military officer.

Specially elected MP, Ms Peggy Serame said the Bill was presented for a good course because it sought to widen the scope for those military officers who had pursued military law and with required requisites to be considered for the post as opposed to the current Act,  which prescribed hat such an appointee should not below the rank of Brigadier.

Furthermore, she said the amendment sought to provide an opportunity for appointment of a civilian to be considered, should the military officers not qualify to fill the post.

MP for Mochudi East, Mr Mabuse Pule said the law came at the right time to ensure speedy dispensation of justice within the military.

Mmadinare MP, Mr Molebatsi Molebatsi said it was not good to consider civilians for the post, arguing that the amendment should seek to lower the rank so that other officers who had pursued military law and were below the rank of Brigadier could occupy the post.

Meanwhile, opposition MPs who reacted to the Bill were of the view that whoever was appointed should be a member of the BDF, citing that the ethos and culture of the military should be maintained, hence a civilian would not be ideal to serve within the military environment.

Leader of Opposition and MP for Maun West, Mr Dumelang Saleshando proposed that a compromise be met during the amendment of the Bill to accommodate ideas raised by both benches. 

He argued that both isles were in agreement that the post was important for the justice system in the military, but expressed that the use of numbers in passing the Bill would not make any improvement to it.

Mr Saleshando further advised that whoever was appointed to the post should be a military officer.

MP for Maun East, Mr Goretetse Kekgonegile said use of political appointees was undesirable for BDF and advised that  the matter should be left for the BDF legal division to decide as experienced officers who held lower ranks below Brigadier could also be considered.

Minister Mmusi will respond to the legilators debates on Wednesday. Ends