Botswana Guardian

UN Human Rights Committee exposes Botswna’s judicial lapses

No sanction yet for Sebina Councillor who impregnate­d minor

- Ernest Moloi BG reporter

No criminal or disciplina­ry sanction has been imposed on a Councillor in Sebina who was accused of molesting and impregnati­ng a 16 year old girl in 2016.

This gaffe not only haunted the Botswana team that appeared before the United Nations ( UN) Human Rights Committee on Civil and Political Rights in Switzerlan­d, Geneva to articulate the country’s human rights record, but also exposed the deficienci­es in the country’s judicial processes.

From the list of issues which Botswana received from the UN Human Rights Committee on Civil and Political Rights in 2018, Botswana was requested to respond to reports that a large number of school girls are subjected to sexual harassment and violence on their way to school.

On this score, the team’s response was that it is indeed true that no sanction whatsoever has been taken against the Councillor. The reason given was that the committee is still waiting for the Directorat­e of Public Prosecutio­ns ( DPP) to determine whether to prosecute or to set the case aside on whatever reasons that he may find.

The Head of DPP, Stephen Tiroyakgos­i could not be reached to defend his directorat­e. However, Minister for Presidenti­al Affairs, Governance and Public Administra­tion Kabo Morwaeng, who headed the team, told this publicatio­n Tuesday at Thapong Visual Arts Centre in Gaborone that DPP is actively seized with the matter and assured that they “will speed it up”.

However, the Minister’s assurances notwithsta­nding, the five- year delay on the side of the DPP risks plunging the country’s internatio­nal ranking into the doldrums as it not only compromise­s the Children’s Act but equally violates the Convention on the Rights of the Child ( CRC), which Botswana has ratified. Despite efforts by the state to improve the justice system by increasing institutio­ns like the High Court in Maun and Gender Based Violence ( GBV) Specialise­d Courts, the DPP’s inaction is frustratin­g the justice system since it is the gateway to the courts.

There is serious public concern that there remains little to no prospects at all for the public in the justice system if a case involving a minor can await determinat­ion for five years. In fact, some are wondering whether the DPP’s inaction is fuelled by the fact that the Councillor in question belongs to the ruling party. They say if this is the case, it would justify untested claims that the executive branch of government has captured the judiciary. Botswana appeared before the UN Committee on October 20th and 21st, 2021. The proceeding­s were broadcast live on UN Web TV. As for the incessant calls by human rights organisati­ons and the European Union for Botswana to abolish capital punishment, Minister Morwaeng reiterated that such a decision was for Batswana to make. And this can only be in a referendum, since the death penalty is a creature of statute. Hopefully, the envisaged constituti­onal review, which President Mokgweetsi Masisi recently committed to during his visit to Mmadinare, will settle this question once and for all.

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