President Lt. Gen. Ian Khama’s decision to appoint current Office of the President (OP) and his legal advisor Abram Merryweather Keetshabe to the position of Directorate of Public Prosecution (DPP) effective 1st of March 2016 has been received with less enthusiasm by some in the law fraternity.
Keetshabe replaces former Director in the Public Prosecution Leornard Sechele who served in the portfolio for five years until his resignation in June last year which was followed by his untimely passing 3 months later. Sechele succeeded Leatile Dambe who was appointed High Court Judge.
“I can confirm that indeed Merryweather Keetshabe has been appointed to the position of Director of Public Prosecutions at the Attorney General’s Chambers with effect 1st of next month (March),” Government Chief Jeff Ramsay confirmed to WeekendPost in an interview on Thursday. He fills the shoes of the late Sechele, Ramsay continued.
A renowned local attorney Kabo Motswagole of Motswagole Attorneys has stated categorically that “I think there are more deserving people who have dedicated their lives to the DPP in the likes of Matlhogonolo Phuthego, Kabo Leinaeng, Wesson Manchwe,” who could have been considered for the position.
Motswagole continued: “all those gentlemen are career prosecutors. So to reward them with an external boss really says a lot about the current administration.” The notorious attorney emphasizes that to transplant someone from OP undermines their efforts.
According to Ramsay, Keetshabe has accepted the offer and it is a given that he will occupy the lucrative position. The reasons for the appointment are that there was an opening at the DPP and the government had confidence in only Keetshabe to take it up.
“Keetshabe deserves the portfolio as he is a qualified legal Counsel and he has won many cases in favour of government including the infamous CKGR case which rutted government against Basarwa,” he said.
Having acquired a Bachelor of law Degree from University of Botswana, in incorporation with Scotland’s University of Edinburgh, Keetshabe has before the position of General Counsel at OP, also served as; deputy Attorney General (AG) (Civil Litigation), he was also at one point a Master of the High Court, a Deputy Registrar and also a magistrate.
It is understood that, while as deputy AG, he allegedly threatened to abruptly resign from the position following his failed bid to be considered for judge-man-ship at the High Court failed -after trying his luck. However he later made a u-turn on the move and incongruously almost a month later was selected legal advisor to OP.
Prior to that, a position almost similar – special advisor to the president – was occupied by Sydney Pilane under the Mogae administration and when Khama ascended to the office he dropped him, and after sometime appointed Keetshabe. Since then, Pilane and Khama have not seen eye to eye.
However in many instances Ramsay has emphasized that Keetshabe’s position was a General Counsel for the entire OP and not only special advisor to President Khama.
Keetshabe leaves the latter position at OP vacant and Ramsay states that he is “not sure who replaces him at OP as it has not yet been announced or let alone appointment made.”
Another top notch attorney Joram Matomela of JJ Matomela Attorneys also expressed disappointment at the appointment. “Keetshabe’s appointment with regard to more qualifying officers who had applied for the job, who have more experience with prosecutions, is a vote of no confidence on those officers and will further kill the little morale, if there has been anything left since the departure of Leatile Dambe, in that department,” he asserted.
Matomela stressed that the appointment further undermines the independence of the office as Keetshabe has been working directly under the president and the appointment is more like a secondment.
“There is likely to be a perception that the OP is placing officers who are loyal to the regime in view of the fact that even the late Sechele was from the Directorate of Intelligence and Security Services (DISS). Some may ask ‘what orders are they being given when handed this post’the celebrated lawyer wondered rhetorically.
However Government mouthpiece emphasized to this publication that, Keetshabe, who will go down in history as the first Motswana to be appointed Chief magistrate, is an experienced and highly respected legal Counsel.
However Ramsay would not be drawn to discuss why some inside cadres were not considered for the top post when probed on the issue by WeekendPost.
“The office of the DPP requires an Independent minded; fearless; sober minded; with high ethical standards must have the attributes of a judge. Knowledgeable in criminal law and evidence,” eminent lawyer Martin Dingake of Dingake Law Partners also pointed out.
He said the interface of the Constitutional architect of the office of the Attorney General and the DPP ‘‘is a source of great concern for me’’. The Constitution requires that the DPP consult the AG in cases of public importance and we are not told the criteria for determining cases of public importance, he observed.
According to Dingake: “we do not know who must make that determination. It's unclear what the consultation involves, whether it's for information purposes or for decision making as to prosecute or not. Whatever the case that is an encroachment in the prosecutorial functions of the DPP and the exercise of the said powers.”
The office of the Attorney General, he said is advisorial to the Executive and a member thereof. “In this regard it appears to be a strategic and tactical deployee of the Executive arm to thwart prosecutions of matters which the Executive may have interests on.”
The shrewd lawyer indicated that over the years there has been subtle suggestions that matters of national importance be whatever they are, cannot be prosecuted without the consent of the AG. ‘‘This is inimical to the independence of the office of the DPP which lies at the heart of its efficiency,’’ he said.
“The recruitment of the DPP, from the advert, is done by the AG. Why should that be the case if not to influence the appointment of an otherwise compliant person?” In my respectful view there is always a danger of populating independent institutions with people with an executive culture – these are people who professionally grew or appear to have grown within the executive branch or have a long and strong association with the executive, Dingake stated.
Permanent Secretary to the President Carter Morupisi also confirmed Keetshabe’s new role in government this week: “I am pleased to announce the following appointments of Senior Public officers; Advocate Abraham M. Keetshabe is appointed to the office of Director of Public Prosecutions, Attorney General’s Chambers with effect from date of assumption of duty.”
Meanwhile Carter also announced the appointment of Mr. Shabani S. Chikanda who is appointed on promotion to the position of Parliamentary Council with effect from 01st March, 2016.
Presidential Commission of Inquiry into the Review of the Constitution held a meeting in Serowe this week. The meeting was to accord Bangwato, just like other tribes, a platform to give their opinions, contributions and what they think is the horse power and limitations of the current Constitution of Botswana.
Bangwato Regent, Kgosi Serogola Seretse said, he is of the understanding that the Commission has not come for anything apart from getting their opinions on how things could be made better. His contribution was that he solely knows of only two social positions in the world; Dikgosi and Pastors. He said other positions are just benedictions. He further urged that, Batswana should respect God’s ordained protocols such as Dikgosi and Pastors.
Seretse pointed out the importance of acknowledging and appreciating Dikgosi as nation builders. He cautioned and warned that, the Commission should ensure that their dealing with Dikgosi is harmonious. He called for an amendment to be made on the ‘National Order of Precedence’ noting that Dikgosi are put at number 11, but should at least be taken a little higher to number 7.
One resident, Tshepo Moloi while giving his contribution said there must be provisions of Social Justice that ensure equal distribution of resources to all citizens. He said this provision should entail an obligation that all citizen have equal opportunities to different Government Initiatives. Moloi substantiated that, all ‘Presidential Commissions’ be engraved on the Constitution
Alfred Thogolwane who is as well a resident of the biggest village in the Central District, pointed out the need for preservation of the country and resources thereof, saying “it must dawn onto all that, the calabash that fetches water for the family cannot fixed once its broken.” Another resident, Keikantsemang Sebedi advocated for Polygamous marriage, saying that men should marry as many wives as they please. She said there is no need for any socioeconomic assessment done on men who wish to marry more than one wife.
She advised that, the country should benchmark from the Zezuru culture that does it, with no complexities. On the other hand, Sebedi said that, there must be considerations done on the Old Age Pension. She said people who earned P4000 should not receive the old Age Pension upon their fullness of age. Forshia Koloi called for amendments on Section 77 and all the provisions that speaks to the subject of Bogosi and the powers infested in them. He said they should be made more detailed and avoid ambiguity in clauses.
Mr Tlhaodi said there must be Land Audits done in the country. Citing an example of the Tati Land as one that should be thoroughly audited. He further advised that, Election Day be put on the Calendar. He said, if it happens that the day be a Saturday, there should be some special dispensation for the 7th Day Adventist Church members to take part in voting without compromising on their day of worship. Tlhaodi added that there must be People’s Complaint Commission in the country.
Speakers emphasized the need for the country to review the exercise of ‘Political Party Funding’. They articulated that lack of funding political parties’ results in political parties resorting to finding funds for themselves. They reiterated that sometimes going to the extent of getting funds through illegal means. Bangwato agreed in one accord that they want the President be tried whilst in office if suspected of any criminal offences. This was revealed in their contributions. They pointed out that, the law should not to wait until the end of their tenure.
For his part, the Deputy Chairperson of the Commission Johnson Motshwarakgole expressed gratitude to the residents of Serowe. He applauded women for their kindness saying it is only them, who always take responsibility for doing things amicably in the society.
Parliament has revealed that it plans to rollout a Community Score Card (CSC) exercise as part of sweeping reforms to its role and mandate among others.
The planed shakeup, along with the rollout of CSC will see creation of new Parliamentary Portfolio Committees on Health, HIV&AIDS, Education and Skills Development, Trade and Economic Development, Agriculture, Lands and Housing and Local Governance and Social Welfare. Parliament informed government ministries and departments that the CSC is a participatory, community based monitoring and evaluation tool that enables citizens to assess the quality of public services and interact with services providers to express their concerns.
According to Parliament, the CSC will assist to inform community members about available services and their entitlements and to solicit their opinions about the accessibility and quality of certain services related to the portfolio committees mentioned. It said the main objective is for Parliament through identified oversight committees is to conduct a participatory monitoring and evaluating process that puts ownership and responsibility for delivery of services in the hands of both the Government and the service recipients.
“Through scorecards developed around identified sectors and services, communities and implementing departments remain in touch with progress made through the programme delivery cycle and are able to respond timely to bottlenecks,” the National Assembly said. Some of the measurements and expected outcomes for the rolling out of the CSC include among others, improved monitoring and economic evaluation, to determine the impact of spending, so as to be able to direct resources from where they having the least benefit to those projects and programmes where they will have a larger positive impact.
The National Assembly explained further that this could result in a willingness to close down ineffective programmes and institutions and not to implement projects that do not deliver adequate returns, improved productivity in the public services, especially given the substantial pay increases.
The National Assembly believes that the rolling out of CSC is also expected to result in efficiency savings: many public services and programmes could be delivered more effectively at lower costs, by improving management and accountability, and making use of e-services. “This would yield financial savings that could be used for development programmes or reducing the deficit,” the National Assembly said.
The exercise is also expected to result in “Careful scrutiny of subsidy schemes and termination of those that do not address market failure or assist truly needy Batswana.” The National Assembly revealed that proposed Parliamentary Portfolio Committee on Health and Wellness has been established in accordance with the Standing of National Assembly of Botswana. It explained that the mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Ministries, Departments and Agencies with portfolio responsibilities in respect of Health and HIV/AIDS.
“There is need to identify reasons for inefficiency and poor outcomes and ensure that health system reform improve productivity and value for money. Key areas of focus for scorecard, availability of drugs, staffing ratios, accessibility of health services, speciality care and services and sexual reproductively health,” the National Assembly said.
Another proposed Committee is on Local Governance and Social Welfare. The mandate of the Committee is mainly to exercise Parliamentary Oversight and Scrutiny over Government Ministries. Departments and Agencies with Portfolio responsibilities in respect of Local Governance and Social Welfare.
“Strategies under NDP 11 to improve outcomes of social uplifment include; diversiﬁcation of rural economies, development and support of small businesses, provision of social safety nets, eradication of absolute poverty, provision of quality and equitable education and harmonisation of social protection programmes,” said the National Assembly. It said social nets need to be improved so as to target these most in need (at present some social safety nets benefit many people who are not the most needy, but also miss out some of those who are needy).
“Some social development policies more broadly should also aim to reduce household vulnerability to shocks such as those arising from fluctuations in agriculture, climate change, incomes and employment and improve their ability to handle shocks, thereby building household resilience,” the National Assembly said.
Another Committee established is on Agriculture, Lands and Housing. The mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Institutions, Departments and Agencies with portfolio responsibilities in respect of Agriculture, Lands and Housing.
The National Assembly said the average growth rate of the agricultural sector since the beginning of National Development Plan 11 (NDP11) (i.e. during the 2017/2018 and 2018/19 financial years) was 2.5 percent, making it the slowest growing sector of the economy, in line with its historical performance.
“Over the same period, its share of GDP has been stagnant at around 2 percent. The sector also contributes job opportunities for about 80 000 adults. Food security has become paramount since the onset of the corona virus pandemic,” the National Assembly said. The National Assembly said the Government realises the need to increase food production for products in which Botswana has a cooperative advantage such as beef, grains and other horticulture products.
The Committee on Finance, Trade and Economic Development has also been established. One of the mandates of Committee would be to exercise Parliamentary oversight and scrutiny over government ministries, departments and agencies with portfolio responsibilities in respect of Finance, Development, Trade and Industry.
“The sector is at the core of industrialisation aspirations and strategies for economic development in Botswana. Manufacturing in particular can be the driver of economic growth through technological improvements and innovation,” the National Assembly said. Hence, it said, the development of the sector could also foster export diversification and export led-growth in Botswana while benefitting from the African Continental Free Trade Area (AFCFTA).
Two senior members of Directorate on Corruption and Economic Crime (DCEC) have threatened legal action against Directorate of Intelligence and Security (DIS), it has transpired. The threat is contained in an answering affidavit of Director General of DCEC, Tymon Katlholo in which he is seeking an interdiction from High Court to stop the DIS from accessing investigation files at his office.
After the DIS detained DCEC officials Joao Salbany and Tsholofelo Bareetsi on December 16, 2021, they filed an official complaint against DIS and some officials. They complained about abuse of office by DIS and five officers. Salbany and Bareetsi also complained about unlawful detention by DIS and unlawful dissemination of classified information contrary to Section 44 of Corruption and Economic Crime Act. “The DIS interviews were premised on information divulged during the course of official DCEC work product, that is the Monday media brief meeting,” they wrote.
They further requested leave to institute a civil suit against the DIS and its officers, and invariably the State for inhuman and degrading treatment they suffered and unlawful detention. They also pondered a declaratory seeking a sanction against the DIS and Botswana Police Service (BPS) and clarification of the role of BPS officers seconded to DIS.
“The envisaged suit against BPS and DIS officers and the DIS will inevitably centre on investigations done by the DCEC and the scope of the protection availed to DCEC officers for conduct done in the course and scope of DCEC official duties.” The duo said it was self-evident from the conduct of the DIS officers that there was nothing urgent about the information required by the DIS, justifying their detention at its Sebele facility from 08:30 hours on December 16, 2021 until 02:00 hours on December 17, 2021.
They reasoned that the information required by the DIS could have been obtained by a simple request to DCEC Director General. “What the DIS did was to seek to intimidate officers of the DCEC whom they knew were carrying out investigations against some of the DIS officers who were part of their investigation team. This turn of events has a chilling effect not only on the functioning of the DCEC but also on the official conduct of officers of the DCEC as to how they conduct their official duties.”
They concluded by stating that in the event the request is granted, they would further request to be advised as to the provision of legal representation as the unalwful detention and the degrading and inhuman treatment by the DIS was in relation to matters conducted by and on behalf of the DCEC.