TROUBLE WITH GBV Limited resources cripple GBV interventions
Successful prosecution too low
Perpetrators of Gender-Based Violence (GBV) are often arrested and prosecuted, however, the time taken to prosecute as well as the percentage of successful prosecution is too low across the country.
Statistics paint a sad picture in the Bobirwa area, following a question by area Member of Parliament, Taolo Lucas. Minister of Defence, Justice, and Security, Kagiso Mmusi in response revealed that out of the 252 cases reported in the Bobirwa area, 32 cases were successfully prosecuted, constituting only 13 percent.
“These cases experienced inordinate delay attributed to the complexity of investigations.”
Mmusi said a total of 252 genderbased related cases were reported in the last four years in the area, saying that between 2017 and 2020 there were 13 cases of murder and suicide, 117 for rape, 31 for threat to kill, and 91 for defilement. Mmusi said during this period only a total of 32 cases were successfully prosecuted, 21 for rape, four for threat to kill, and seven for defilement. The Ministry has come up with some innovative interventions throughout the country to address and curb gender-based related violence incidents. Among them is the establishment of a Research, Monitoring, and Evaluation Unit (RMEU) to look into the development of relevant evidence-based policies, laws, strategies, and initiatives. Mmusi said that a qualitative situational analysis called Assessment of Child-Friendly Justice Botswana is currently underway. Its intention is to holistically reform the justice system by developing guidelines and policies that will set out comprehensive measures, tools, and standards to create and promote access to child-friendly focus on reporting, prosecution, and adjudication.
This is also expected to ensure a child-friendly justice system across the justice spectrum, starting with Botswana Police Service, Director of Public Prosecutions, Social Services, Administration of Justice, and Prisons and Rehabilitation in order to complement this effort. Mmusi said the Administration of Justice has established GBV courts through Practice Directive No. 9 of 2020 effective 1st December 2020, which directs that all GBV cases shall be treated as urgent applications and be given expedited management, set down, and disposal. Mmusi said the Specialised Courts have been set up in all Chief magistrate stations in Molepolole, Gaborone, Francistown, Maun, Palapye, and Selebi Phikwe, and Mogoditshane which is currently operating from Broadhurst while an additional court will be established in Takatokwane during the 2021/2022 financial year. Similarly, the Botswana Police Service has also escalated its response by establishing a Gender and Child Protection Branch as of 1st April 2021. In this regard, capacitating officers to enhance their ability and professionalism in handling GBV cases are ongoing. A GBV toll-free number (0800 600 144) was introduced in April 2020. Mmusi said the Directorate of Public Prosecutions (DPP) has also responded to support the initiative of the Botswana Police and Administration of Justice to prioritise GBV cases by establishing teams of Prosecutors specifically assigned to the Magistrates dealing with GBV cases. “The DPP has therefore put together a team of Prosecutors in the five regional offices to ensure expedited responses in the case disposal.”
Mmusi said his ministry has also responded by enhancing legislation dealing with sexual offenders through the Sexual Offenders Registry Act of 2021.
This introduces a framework that will ban sex offenders from working with vulnerable persons including elderly persons and children. The legislative framework also establishes the Inter-Sectoral Council, which is a national structure responsible for guiding and developing multi-sectoral policies, and integrated interventions targeting sexual violence.
The ministry has also brought a Bill before Parliament to enhance penalties for sexual offences. Other interventions include public education and advocacy delivered through media such as Dipitso and the Legal Aid Botswana. Public education has been through documentary and drama on Botswana Television (Mmueledi Wame), and the Botswana Police Service public education television programme, Itshireletse, and campaigns.
He revealed that the immediate challenge facing the ministry in implementing these interventions is the outbreak of the COVID-19 pandemic, which has had an impact on national resources. “My ministry is faced with challenges of limited resources to enable efficient and effective delivery on our justice system,” Mmusi said, adding, that government continues to develop and strengthen capacity to enhance comprehensive and evidence-based response to achieving a safe and supportive environment for victims of sexual offences. “It is therefore important to underscore that GBV is a multi-faceted phenomenon that requires a national multi-sectoral response by all stakeholders.”