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DPP, DCEC tussle for prosecution powers

There is a simmering tension and somehow a cold war between two sister organisations; Directorate on Public Prosecution (DPP) and Directorate on Corruption and Economic Crime (DCEC) with regards to prosecuting powers.

The animosity comes from a truck load of cases that are currently pilling up at DPP offices across the country, with the prosecuting authority is struggling to deal with the backlog. This tension was also sparked by the Criminal Justice Forum which advised that there should be an introduction of mutual reinforcing processes between the police, DCEC and the DPP. This was to include cases under investigation and those ready for prosecution.

Currently there are 7200 dockets before the DPP awaiting prosecution while Botswana Police’s large stations also have thousands of dockets waiting for the same. The backlog of cases has coerced the investigating agency, DCEC to take interest in prosecuting the criminals to assist its sisters, of which DPP is strongly against.

“The DCEC has always been concerned about the slow disposal of corruption cases at court, although this is not a unilateral effect, it dents the public perception on the effectiveness of the DCEC even though the DCEC does not prosecute its cases,” DCEC Public Relation Officer, Lentswe Motshoganetsi told WeekendPost this week. “Therefore it is essential that the DCEC be given prosecutorial powers in order to address this problem.”

The DCEC spokesperson contends that though the crime busting agency has limited resources in terms of manpower and technical capacity, Government continues to assist whenever requirements arise in order to capacitate the DCEC. “You may realise that there are new units that are being institutionalised at the DCEC such as the Anti-Money Laundering Unit. It is our commitment therefore that once the prosecutorial function has been extended to the DCEC, posts will be sourced from Government to augment the current number of attorneys at the DCEC,” he said.

Currently the DCEC has close to 10 lawyers working with the investigations division on cases, according to Motshoganetsi. The DCEC and DPP clash over prosecution is exacerbated by the fact the two institutions often hold different view on cases that the former have investigated. DPP sometimes refuses to prosecute some cases on the basis that the cases were not properly investigated casting doubts on DCEC ability to thoroughly investigate cases, especially those involving high profile figures.

“The issue of files moving between the DCEC and the DPP is a usual practice. To reduce the delay caused by that, the DCEC has adopted a prosecution led investigation; whereby investigations are done with constant advice form an officer from the Legal Service Division. This has tremendously improved the quality of investigations and improved the turnaround time on investigations,” Motshoganetsi said.

“The DCEC has seasoned investigators who are specialists in different fields such as engineering, finance and accounting, criminal justice, law, forensics etc. We continue to recruit specialists in different disciplines as per the dictates of anti-corruption and sound investigations.”
DCEC spokesperson however believes that there is a mutual relationship between the DCEC and the DPP as there are instances were officers from the two agencies form task forces in order to expedite investigations.

“It is also worth noting that in December 2019 the two agencies signed a Memorandum of Understanding which focused on improving service delivery by the two agencies. It is our belief as the DCEC that going forward, this MOU will assist in enhancing the investigation and prosecution of corruption matters.”

DPP WANTS TO BE SOLE PROSECUTING AGENCY

Despite the DCEC expressing desire to have prosecuting powers, the DPP is having none of it as it believes it will be detrimental to people who are subjected to investigations. “We want to protect Batswana from intrusive organisations and possible malicious prosecution,” DPP Director Stephen Tiroyakgosi told WeekendPost this week. A keen interest from DCEC to institute legal proceedings against perpetrators can cause conflicts between the two institutions, argues Tiroyakgosi.

“Where we come from, you cannot be a judge on your own matter because you are most likely to be clouded by your organisational demands and therefore prosecution needs a sober mind,” he said in an interview. The Director who joined DPP in 2017 is playing down reports that there could be a toxic working relationship between his organisation and DCEC and maintained that everyone should remain in their lanes.  More often than not, Tiroyakgosi says, his office has rejected DCEC a number of cases when the DPP felt that the evidence brought by the investigating arm is not concrete enough.

“If we disagree we close the matter or go for re-investigation because we don’t want to recklessly prosecute people. We can be sued for malicious prosecution and we want to be sufficient in our job.” However, according to informants, this could be what is frustrating the crime busting agency, hence their desire to prosecute their own cases. As per Tiroyakgosi’s admission, a case sometimes has to be closed if the DPP disagrees with the evidence that is brought before them and the DCEC also insist that the evidence is enough for prosecution.

Asked why there are so many backlog cases, Tiroyakgosi laments about lack of resources in his office. “Currently, we need an extra 150 prosecutors to push the cases and remember if we hire a prosecutor we also have to employ other support staff and it is costly,” he said.
DPP has around 200 prosecutors across the country, a number which is not enough to deal with the demands of the job.  DPP Director is however convinced that having one organisation as the prosecuting office is the best model to protect the nation from subjective trials.

 “I know at times the DCEC might be frustrated by us being the sole prosecutors because they may feel they have done the best in investigations, but like I said you cannot be a judge in your own matter,” he said. DPP’s success according to its Director is mostly on winning cases and for them to achieve that, they liaise with investigating agencies on what kind of evidence is key for government to win a case. “Even the Directorate of Intelligence Services (DIS) we do advise. Of course they give intelligence leads, but we have advised them not to only give leads but there should be something from that so that when others investigate there is indeed something.”  

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Fighting vulture poisoning in KAZA region.

3rd February 2023
As a response to avert vulture poisoning currently going on in Botswana and KAZA region, Birdlife Botswana has collaborated with three other partners (BirdWatch Zambia, BirdLife International & Birdlife Zimbabwe) to tackle wildlife poisoning which by extension negatively affect vulture populations.

The Director of Birdlife Botswana, Motshereganyi Virat Kootshositse has revealed in an interview that the project which is funded by European Union’s main goal is to reduce poisoning related vultures’ death and consequently other wildlife species death within the KAZA region.

He highlighted that Chobe district in Botswana has been selected as a pilot site as it has experienced rampant incidents of vulture poisoning for the past few months. In August this year at least 50 endangered white backed vultures were reported dead at Chobe National Park, Botswana after feeding on a buffalo carcass laced with poison.  In November this year again 43 white backed vultures were found dead and two alive after feeding on a zebra suspected to have poisoned.  Other selected pilots’ sites are Kafue in Zambia and Hwange in Zimbabwe.

Kootshositse further explained they have established a national and regional Wildlife Poisoning Committee. He added that as for the national committee they have engaged various departments such as Crop Productions, Agro Chemicals, Department of Veterinary Services, Department of Wildlife and National Parks and other NGOs such as Raptors Botswana to come together and find a long-lasting solution to address wildlife poisoning in Botswana. ‘Let’s have a strategy or a plan together to tackle wildlife poisoning,’ he stated

He also decried that there is gap in the availability of data about vulture poisoning or wildlife in general. ‘If we have a central point for data, it will help in terms of reporting and advocacy’, he stated

He added that the regional committee comprises of law enforcement officers such as BDF and Botswana police, village leadership such as Village Development Committee and Kgosi. ‘We need to join hand together and protect the wildlife we have as this will increase our profile for conservation and this alone enhances our visitation and boost our local economy,’ he noted

Kootshositse noted that Birdlife together with DWNP also addressed series of meeting in some villages in the Chobe region recently. The purpose of kgotla meetings was to raise awareness on the conservation and protection of vultures in Chobe West communities.

‘After realizing that vulture poisoning in the Chobe areas become frequent, we realise that we need to do something about it.  ‘We did a public awareness by addressing several kgotla meetings in some villages in the Chobe west,’ he stated

He noted that next year they are going to have another round of consultations around the Chobe areas and the approach is to engage the community into planning process. ‘Residents should be part of the plan of actions and we are working with farmers committee in the areas to address vulture poisoning in the area, ‘he added

He added that they have found out that some common reasons for poisoning wildlife are farmers targeting predators such as lions in retaliation to killing of their livestock. Another common incident cross border poaching in the Chobe area as poachers will kills an elephant and poison its carcass targeting vultures because of their aerial circling alerting authorities about poaching activities.

Kootshositse noted that in the last cases it was disheartening the incidents occurred three months apart. He added that for the first time they found that some of the body parts of some vultures were missing. He added harvesting of body parts of vultures is not a common practice in Botswana, although it is used in some parts of Africa. ‘We suspect that someone took advantage of the availability of carcasses and started harvesting their body parts,’

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Giant in the making: Everton Mlalazi

3rd February 2023

The music industry is at a point where artists are jostling for space because there are so many aspirants trying to get their big break, thus creating stiff competition.

In the music business it’s about talent and positioning. You need to be at the right place at the right time with the right people around you to propel you forward.
Against all odds, Everton Mlalazi has managed to takeover the gospel scene effortlessly.
To him, it’s more than just a breakthrough to stardom, but a passion as well as mission directly appointed by the Lord.

Within a short space of 2 years after having decided to persue a solo career, Mlalazi has already made it into international music scene, with his music receiving considerable play on several gospel television and radio stations in Botswana including other regional stations like Trace Africa, One Gospel, Metro FM in South Africa, Hope FM in Kenya and literally all broadcast stations in Zimbabwe.

It doesn’t only stop there, as the musician has already been nominated 2 times and 2 awards which are Bulawayo Arts Awards (BAA) best Male artists 2022, StarFM listerners Choice Award, Best Newcomer 2021 and ZIMA Best Contemporary Gospel 2022, MLA awards Best Male artist & Best Gospel Artist 2022.

Everton’s inspiration stems from his ultimate passion and desire to lead people into Godly ways and it seems it’s only getting started.
The man is a gospel artist to put on your radar.

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African countries call on WHO to increase funding

2nd February 2023

Minister of Health Dr Edwin Dikoloti says Africa member states call on World Health Organization (WHO) to ensure equitable resource allocation for 2024-2025. Dr Dikoloti was speaking this week at the WHO Executive Board Meeting in Geneva, Switzerland.

He said countries agreed that there is need to address the budget and funding imbalances by increasing the programme budget share of countries and regions to 75% for the next year.

“The proposed budget for 2024-2025 marks an important milestone as it is the first in Programme Budget in which country offices will be allocated more than half of the total budget for the biennium. We highly welcome this approach which will enable the organization to deliver on its mandate while fulfilling the expectations for transparency, efficiency and accountability.”

The Botswana Health Minister commended member states on the extension of the General Programme of Work (GPD 13) and the Secretariat work to monitor the progress towards the triple billion targets, and the health-related SDGs.

“We welcome the Director’s general proposed five priorities which have crystalized into the “five Ps” that are aligned with the GPW 13 extension. Impact can only be achieved through close coordination with, and support to national health authorities. As such, the strengthening of country offices is instrumental, with particular focus on strengthening national health systems and on promoting more equitable access to health services.”

According to Dr Dikoloti, the majority of countries with UHC index that is below the global median are in the WHO Africa region. “For that, we call on the WHO to enhance capacity at the regional and national levels in order to accelerate progress. Currently, the regional office needs both technical and financial support in order to effectively address and support country needs.”

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