10 Mar 2024

The takeover of prosecution duties from Botswana Police Service by the Directorate of Public Prosecution (DPP) is not without challenges, Minister of Justice, Mr Machana Shamukuni has said.

 He said was presenting the Attorney General’s Chambers budget proposal for the 2024/25 financial year in Parliament.

He said the project’s major challenges included an increase in workload without a corresponding increase in manpower, acute shortage of resources such as vehicles and the absence of the DPP footprint in strategic areas. 

Other challenges, he said, were acute shortage of skilled manpower, which was compounded by the continued loss of seasoned prosecutors, costs associated with the long distance that prosecutors had to travel between places where the DPP offices were and areas where courts were situated, saying it placed a heavy burden on the budget.

He said to ameliorate some of the challenges, the DPP contemplated opening additional satellite offices in areas such as Ghanzi and Shakawe.

Mr Shamukuni explained that the objective of the project was to relieve the Botswana Police Service of the responsibility of prosecuting so that police officers focused on their core mandate of detecting and preventing crime. 

He noted that the prosecution of criminal cases was the constitutional mandate of the DPP and that it was proper that each institution dealt with what it was established to do.

He said the exercise was planned to commence in 2005 but was deferred due to the inadequacy of resources, and it was resuscitated in April 2022 with completion expected in 2025.

The further said the director of Public Prosecutions was responsible for instituting and undertaking prosecution of all criminal cases on behalf of the state. 

He said in addition to Section 51 A of the Constitution, a cabinet directive 32 (B) of 2004 directed the director of Public Prosecutions to take over prosecution of all criminal cases from Botswana Police Service and the Directorate on Corruption and Economic Crime, hence the ongoing take over exercise.

Mr Shamukuni further said the realisation of the mandate of the AG’s Chambers and DPP was dependent upon a conducive working environment for the workforce. 

He added that the conditions of service for the lawyers needed to be enhanced in order to attract, incentivise and retain experienced lawyers.

He noted that efforts were being put in place to address the challenges in order to achieve parity in the area of remuneration across the public service such as responsibility allowance and commuted overtime allowance. Ends