17 Dec 2020

Parliament has unanimously endorsed the Sexual Offenders Registry Bill 2020 (Bill No. 22 of 2020), with the Bill going to committee stage at a later stage.

Responding to legislators debate on the Bill, the Minister of Defence, Justice and Security, Mr Kagiso Mmusi highlighted that the objective of the Bill was to make provision for the establishment of sexual offenders register and a Sexual Offenders Inter-sectoral Council and for matters connected therewith.

Minister Mmusi said the Bill also aimed to prohibit sex offenders from working in institutions dealing with children and other vulnerable persons.

Mr Mmusi said it was pleasing that legislators were all in agreement as to the need to take a strong stand against sexual violence offences.

He confirmed that a specialised child and gender protection unit would be established by April 01, 2021, for the Botswana Police Service. He said initiatives were underway to establish child-friendly courts to provide a safe and supportive environment for children and gender-based violence victims.

Further, Mr Mmusi admitted that sexual offence was a matter of national concern hence the Bill made provisions for members of the Law Society, Ntlo ya Dikgosi, the National Children’s Council and three members of the civil society.

He indicated the importance of training and adequate resourcing when implementing the Bill, saying training on GBV matters was already ongoing for some Botswana Police Services personnel and other key stakeholders in the justice sector.

With respect to particulars to be included in the register and the possibility of using fake names to evade detection, Mr Mmusi said the clause was drafted broadly enough to allow the inclusion of photographs and any pertinent information that may be considered relevant.

He said explained that the name of an offender would only be entered into the register once an offender had been found guilty and sentenced.

Mr Mmusi indicated that the Criminal Procedure and Evidence Act was also under current review on issues about procedures during criminal proceedings such as not disclosing the identity of an accused and implementation of restraining orders.

Minister Mmusi said he would shortly bring to Parliament a Bill to amend the Penal Code to further enhance penalties and better define sexual offences. The amendment of the Penal Code he said, would also address concerns of false allegations.

He said the Penal Code amendment  Bill would not only place a requirement to offenders if they have been convicted of a sexual offence but institutions caring for vulnerable persons would also be obliged to carry out their diligence to ensure that current and prospective employees were not in the register.

Mr Mmusi highlighted that the Penal Code amendment Bill would enhance penalties for offenders of the Children’s Act and also address issues of parents, guardians who failed to protect children by neglecting to report sexual violence.

He said provisions in the Bill, in particular, the Inter-Sectoral Council would facilitate effective monitoring of the register and implementation of the Bill.

The Inter-Sectoral Council, he said would also ensure that training was aligned and all sectors of the justice delivery system including social workers, health workers received appropriate complementary training.

Meanwhile, Minister Mmusi also tabled the Judicial Services (Amendment) Bill, 2020 (Bill No. 29 of 2020), which seeks for a four per cent salary increment for specified personnel as stated in the Judicial Service Act.

Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng tabled the Ntlo ya Dikgosi (Salaries and Allowances) (Amendment) Bill, 2020 (Bill No. 28 of 2020), which seeks to amend the Ntlo ya Dikgosi (Salaries and Allowances) Act for a four per cent salary increase.

Mr Morwaeng also tabled the Specified Offices (Salaries and Allowances) (Amendment) Bill, 2020 (Bill No. 30 of 2020) seeking to increase salaries of specified officers by four per cent. ENDS