Prosecutors lament poor work conditions
After numerous efforts to get redress within the Ministry of Justice, prosecutors under the Directorate of Public Prosecutions (DPP) have turned to the President Mokgweetsi Masisi. The prosecutors lament unfair treatment and unsafe working conditions. “In the past year, we have brought several of our grievances to our management right up to ministerial level. It is, however, disappointing your Excellency that our grievances have continued to land on deaf ears as to this date we still await feedback on issues raised.
We had even gone as far as engaging the Botswana Public Employees Union (BOPEU) but our efforts are not yielding any fruit because our management is stalling the negotiations.
Whenever we request for an update we are informed our superiors sent an apology that they had other engagements and could not honour the appointment and to this date, the parties are yet to schedule a new date. That has been so in excess of six months now. Your Excellency, you are our only hope and that is why we pen this letter for your attention,” the prosecutors state.
According to the prosecutors, the following grievances are before the Minister of Justice, Ronald Shamukuni, the Attorney General, Mmako Abram and the Directorate of Public Service Management:
‘We need risk allowance’
The prosecutors state that their safety as prosecutors is compromised both at work and their private spaces. “We constantly face threats at courts and home. Your Excellency, because of the nature of this job, which is that it is inherently riddled with risks, the least that could be done for us is that we should be compensated for our willingness to do it, in the form of a risk allowance,” they state.
‘We also deserve a raise’
They submit that it is without a doubt that they are a crucial cog in the justice machinery, however, it is disheartening to see their colleagues in sister departments such the Botswana Police Service, the Directorate of Corruption and Economic Crime, the Botswana Prisons Service and the Administration of Justice scaled up and yet they remain in the same position for many years without any prospect but with the same qualifications if not more.
“It ought to be understood that arrests in themselves are not effective if matters are not prosecuted. Further that, in order for judgments to be pronounced, which is the ultimate definition of justice served, a prosecutor has to have rendered a service of prosecuting the matter.
We have however, constantly observed with painful hearts when works of service of the investigating authorities, prison services and
the administration of justice are celebrated and rewarded, whilst we are ignored,” they state.
‘We need training’
Owing to the fact that crime has evolved, transcended borders and has become technological, prosecutors call for their training. “Your Excellency we are ill-equipped as prosecutors, we have not been sufficiently trained and equipped to keep up with criminal trends. We are told our training budget has been drastically reduced, but in order to perform effectively, we need to keep abreast of the new trends and development in crime. We pray that our training budget be restored and enhanced to give us a chance in this fight,” they submitted.
‘We are overwhelmed by work’
They further state that while the DPP has embarked on a project to take over prosecutions from the police, they are ill equipped, under resourced, understaffed and overwhelmed with the current work load.
“The “do with what you have” mentality may have ill-fated the project before it began. It has been established on many occasions in our interactions with our Director that the takeover project was not properly planned for, budgeted and introduced to the stakeholders and more importantly the prosecutors who were to execute it. We have aired on many occasions that the project will affect our conditions of service and therefore need to be negotiated properly. As it stands, we get calls to attend to takeover matters outside working hours including weekends but we are not remunerated for it. We are therefore entitled to commuted overtime allowance,” they state.
‘We want independence’
They also question the DPP independence while still under the Attorney General. It is our position Your Excellency that the DPP will only be able to budget and receive specific considerations once the DPP herself is allowed to direct monies into the welfare and resources of prosecutors. We are stifled as a Directorate. Prosecutors in many occasions have found that progression in other departments in the Attorney General is fast and easier. This state of affairs has on many occasions been questioned. Your Excellency, those who graduate from law school and find themselves employed by the Attorney General under the DPP are
often looked at as unfortunate and doomed and indeed we find ourselves feeling like we are outcasts in the legal profession,” they state.
The prosecutors state that it is their desire to work hard to bring justice to the people of Botswana but these circumstances have grown to cripple them as prosecutors and have evidently affected their ploy to put their best foot forward.
“Your Excellency, as we speak, the morale at the DPP is at an alltime low. We want to categorically state that we try to serve your government to the best of our ability. However, the conditions we work under pose a mammoth challenge. As you have proven to be a President who heeds the call of his people, we humbly implore you to direct our management and Honourable Minister to give our grievances the attention they deserve and improve our conditions of service in the very near and foreseeable future. The job that we do speaks directly to the vision you have for this country and we hope that these grievances will be dealt with promptly and with a virtue of compassion you are known to possess,” they state.
What did the ministry say?
The Member of Parliament for Maun East, Goretetse Kekgonegile, last year raised questions in Parliament over the issues. In response, Shamukuni said all prosecutors are currently provided with 24-hour security at both their residences and workplaces. He further said the government is also exploring additional security measures to further enhance the safety of these essential legal professionals. Shamukuni said over the years, there have been 26 reported incidents of assaults on prosecutors while they were on duty. Acknowledging the security risks they face, Shamukuni said the government is engaging with various justice sector stakeholders, including the judiciary, the Botswana Police Service, and other security agencies, to collectively address these challenges and ensure the safety of officers of the court, including prosecutors.
Shamukuni also said the DPP currently employs 225 prosecutors, and there are ongoing efforts to fill vacant positions through promotions. However, the attrition rate in other divisions of the Attorney General’s Chambers is noted to be higher, resulting in quicker career progression for lawyers in those divisions compared to those at the DPP.