05 Sep 2021

 The COVID-19 pandemic has not had any impact on Botswana’s democracy, rule of law and human rights, Vice President, Mr Slumber Tsogwane has said.

Mr Tsogwane said this, in response to a question asked by Selebi-Phikwe West MP, Mr Dithapelo Keorapetse recently.

The Vice President said Botswana democracy, rule of law and human rights credentials, however continued to get better, even during the pandemic.

He stated that the World Justice project had also ranked Botswana 43 out of 128 countries, which he said was an upward movement of 0.60 in their rule of law index of 2020.

“The World Justice project has observed that the COVID-19 pandemic strikes in the midst of a global rule of law crisis where key principles of good governance have been eroding in many countries of the world for a number of years. These twin crisis of public health and rule of law are a threat. However, in our case, a deliberate decision was taken to fight the pandemic in line with a human rights-based approach and good governance,” he said.

Conversely, the Vice President said the pandemic had created inequalities and further widened existing vulnerabilities among members of local communities.

“Due to the slow down on global trade, expected revenues have slumped and desired growth remains unrealised. However, in Botswana we also see it as an opportunity to transform the way we deliver services and increase economic participation by citizens,” he added.

Meanwhile, Mr Tsogwane noted that when the pandemic hit the country in April last year, a P2 billion COVID-19 Emergency Response funding facility was set up.

He added that government also announced financial incentives geared at supporting the Small Micro Medium Enterprises (SMMEs) and other businesses.

“These also included tax incentives, wage subsidies, increment of salaries of the public service sector, food hampers, the support of Botswana citizens in the diaspora and quicker payment turnaround times to suppliers,” he added.

He further indicated that Section 16 of the Botswana Constitution provided for a mechanism to follow where there was derogation from Sections 5-15, which contain fundamental rights and freedoms of an individual because of an emergency, including the current COVID-19.

“This derogation is legally provided for by the law and therefore cannot in any be perceived as a departure from the rule of law,” he said.

He added that Section 16 (1) provided that in specific situations, such as when an emergency had been declared under Section 17, as was currently the case, the law authorised taking of such measures that were reasonably justifiable for the purpose of dealing with the situation that existed during that particular period.

“Specific provisions are laid out, that in situations of an emergency such as the SOE created by COVID-19, if a person is detained, it is done with fairness, impartially and within a reasonable time, with the person provided with everything that will normally be availed in such circumstances, ensuring that the person has the secure protection of the law and for the judiciary to continue to discharge its mandate in dispensing justice.”

He added that the judiciary continued to disperse its functions uninhibited during SOE as per the Practice Directives issued by the Chief Justice.

“This is also seen from the powers given to the President under the Emergency Powers Act. Once a declaration of a public emergency is made the Emergency Powers Act comes into play. This Act under section 3 empowers the President to make emergency regulations whenever an emergency proclamation is in force, to specify the matters which may be provided for in emergency regulations and to provide for the duration of emergency regulations,” he explained.

Furthermore, the Vice President said President Dr Mokgweetsi Masisi made the Emergency Powers (COVID-19) Regulations, 2020 under section 3 of the Emergency Powers Act and the National Assembly affirmed the Regulations.

The regulations’ duration, he said, was tied to that of the proclamation declaring a state of emergency such that if the National Assembly revoked the emergency proclamation, then they also ceased to have effect.

“This was done to ensure that the elected members discharge their legislative powers to make laws for the peace, order, and good governance of Botswana,” he said . 

Mr Keorapetse had wanted to know how COVID-19 had impacted on the country’s democracy, rule of law as well as human rights. ENDs