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Exonerated soldiers can be reinstated

27 Nov 2013

The Minister of Defence, Justice and Security Mr Ramadeluka Seretse has informed parliament that under the Botswana Defence Force (BDF) (Regular Force) (Discharge) Regulations, Regulation (2), a soldier may be discharged from the army for civil offences committed while off duty.

He indicated that in such, when discharged soldiers were subsequently cleared/ exonerated on appeal, they would be re-instated unless, they had in addition displayed an habitual in attention to orders or failed to co-operate with other members or manifested a quarrelsome disposition or lacks courage.

He said under those circumstances, he/she might also be discharged from the BDF even if the officer was not guilty of any specific offence. Mr Seretse said he was not aware of any soldier that had not been reinstated after being cleared on appeal.

He indicated that BDF was considering one case where a soldier was convicted of rape but subsequently cleared. Mr Seretse informed Parliament that with regard to officers, the officers Regulation at Regulation 7 empower the president or Commander, depending on who was the appointing authority to dismiss an officer if satisfied that the officer’s conduct and actions show him wanting to hold commission. He said the officer will however be required to show cause why he/she should not be so dismissed.

MP for Francistown South Mr Wynter Mmolotsi had asked the minister how many soldiers were dismissed from the BDF for offences they allegedly committed when off duty and were later exonerated by the courts but never reinstated to their posts.

He had also asked him why the officers were dismissed for offences committed when off duty. He wanted him to explain why soldiers were dismissed even when found not guilty by the courts. ENDS

Source : BOPA

Author : BOPA

Location : GABORONE

Event : Parliament

Date : 27 Nov 2013