Directorate of Public Prosecution (DPP) has finally taken over prosecution from the Botswana Police Service (BPS). The police have been prosecuting for years, but the takeover means that they will now only focus on investigations and then hand over to the DPP for prosecution.

Talks of complete takeover began as far back as 2008, but for years it seemed implementation was sluggish. However, the Minister of Justice, Machana Shamukuni, revealed that the complete takeover is expected to be completed soon.

During a presentation to the Committee of Supply by Shamukuni this week, it was revealed that the project has been implemented in 22 police stations nationwide, including Maun, Selebi-Phikwe, Palapye, Francistown, and Kasane. He further stated that the project has been allocated P3,000,000 for the 2023/2024 financial year to facilitate the opening of more satellite offices for the DPP.

Shamukuni said the Lobatse station is scheduled for a complete takeover by the end of May 2023, while the Kasane DPP satellite office has been established and became operational as of February 1, 2023.

“As reported previously, preparations are at an advanced stage to open a satellite office in Tsabong to curtail expenses, as well as frequent long-distance trips to these areas, as it is currently serviced by the Lobatse DPP office,” Shamukuni said.

Shamukuni said that the takeover strategy is to enable a seamless and gradual takeover of prosecution from the BPS without overwhelming and overstretching the thin resources at its disposal.

According to Shamukuni, the implementation of the prosecution takeover project has increased the workload of the 211 prosecutors in the DPP establishment.

Furthermore, the Justice Minister said DPP statistics show that the DPP has a total of 11,903 cases and dockets as of January 2023. He indicated that this is a significant increase in the number of cases being handled by the DPP, considering that in November 2021, the DPP had just over 8,471 files.

“Out of the total case load, 8 382 are cases pending before various courts while 3521 are dockets received from law enforcement agencies of which 1 325 are awaiting service of summons while the rest are being assessed for suitability of prosecution or otherwise” said Shamukuni.

He further stated that The DPP has consistently maintained an 80% success rate in matters completed at court.

“As at the end of January 2023, the success rate stood at 82.3% against a target of 90% whilst the average performance in respect of turnaround time for conclusion of cases at court stood at 17.5 months against a target of 18 months,” he said.

BACKLOG OF CASES – LAND TRIBUNAL

Meanwhile, Minister Shamukuni has revealed that Gaborone land Tribunal is experiencing a backlog of cases. Before parliament this week, Shamukuni revealed that a total 230 appeals were completed for the period of April 2022- December 2022 and only 76.5% of them were completed within set time frame.

The minister said that the Gaborone division has experiencing a backlog of cases due to manpower constraints and he further indicated that presiding officers from other divisions have been brought in to expedite case disposal.

He further indicated that the land tribunal is a specialized court that has been empowered to resolve appeals arising from land boards. “It has been mandated to determine appeals from the decisions of Physical planning committees of Districts Councils” said Shamukuni.

Land Tribunal relocated to the Ministry of Justice from Ministry of Land and Water Affairs in November 2022.

“An amount of P37, 842,670 is requested to cover salaries, allowance and other operational expenses for the Department of the land Tribunal,” alluded Shamukuni

When the Botswana Congress Party (BCP), Alliance for Progressives, Botswana Labour Party (BLP), and conveners reconvene next week, the controversial issue of allocation of the seven constituencies will be the main topic of discussion, WeekendPost can reveal.

Not only that, but the additional four constituencies will also dominate the talks. The idea is to finally close the “constituency allocation phase,” which has proven to be the most difficult part of the ongoing negotiations.

Earlier this year, the two parties announced that the marathon talks would be concluded by February. Even at a media briefing last month, BCP Secretary General Goretetse Kekgonegile and Publicity Secretary Dr. Mpho Pheko were optimistic that the negotiations would be concluded before the end of February.

However, it is now mid-March and the talks have yet to be concluded. What could be the reasons for the delay? This is a question that both Kekgonegile and Pheko have not responded to, as they have ignored the reporters’ inquiries. However, a senior figure within the party has confided to this publication as to what is delaying the highly anticipated negotiations.

“We are reconvening next week to finalize constituency allocations, taking into account the additional four new ones plus the outstanding seven,” he explained. It later surfaced that Gaborone Central, Gaborone North, Mogoditshane, Tswapong North, Francistown West, Tati West, and Nata Gweta are all contested by both BCP and AP. This is because the other 50 constituencies were allocated by December of last year.

The three parties have failed to find common ground for the Bosele Ward by-elections. Are these constituencies not a deal breaker for the talks? “None of the constituencies is a deal breaker,” responded a very calm BCP official.

In Bosele Ward, AP has yielded to BCP, despite most of its members disapproving the decision. On the other hand, BLP has refused, and it will face off with BCP together with Botswana Democratic Party (BDP) and Umbrella for Democratic Change (UDC).

The decision by BLP to face off with BCP has been labelled as a false start for the talks by political observers.

Raiz Ahmed Tayub, a British fugitive sought by Interpol for his involvement in human trafficking and slave trade crimes, was captured by the Botswana Police Service (BPS) earlier this year.

Merapelo Mokgosi, the Assistant Director of the Directorate of Public Prosecution (DPP), confirmed that he will be extradited to France, where he is wanted for his crimes.

“It is true that Tayub will be extradited to France, where he has been wanted for some time,” says Mokgosi.

She explained that the fugitive was arrested by the Botswana Police in early January while attempting to enter Botswana through the Pioneer border gate. Since his arrest, he has been appearing before the Lobatse Magistrate Court to fight his release from custody and to object to his extradition to France. During his court appearance, Tayub opted for voluntary extradition.

“He opted for voluntary extradition, which the extradition Act allows,” said Mokgosi. She added that the suspect was not under duress when he chose voluntary extradition. Soon after he made this choice, the Ministry of Justice was notified, and the minister approved his extradition. Preparations are still underway to fly the wanted man to France, and once the necessary paperwork is completed between the two nations, the suspect will be extradited.

Mokgosi indicated that plans were still being made to complete the suspect’s extradition to France, and the Botswana government would pay for his flight along with his escort.

Meanwhile, the court has ordered the Botswana Prison Services (BPS) to provide the Islamic British fugitive with “halal food” while he is in custody.

In an earlier court application, Tayub had asked to be detained at a five-star hotel, as he could pay for it until the completion of his case. He also argued that he should not have to wear a prison uniform due to the Covid-19 outbreak. He was thought to have been traveling to Malawi at the time of his capture.

When delivering the order, the principal magistrate, Gofaone Morwang, said the detainee should be provided with halal daily rations with immediate effect while he is in custody. The magistrate dismissed TAYUB’s application for hotel detention and exemption from wearing a prison uniform.