BDP backbench disown controversial Bill
Argue they have not been consulted Question the urgency of the Bill MPs don’t understand it, maybe the Ministers do - Kably
Botswana Democratic Party ( BDP) Members of Parliament have distanced themselves from the controversial Criminal Procedure and Evidence ( amendment) Act, which was tabled by Minister of Defence, Justice and Security Kagiso Mmusi this week.
A number of BDP MPs who spoke to this publication say they have not been consulted on the Bill but they are expected to support it, even though it is being rejected by almost everyone in the country except the president and his cabinet. The MPs had hoped to at least get a briefing from the Minister during their Parliamentary Caucus on Tuesday this week but to no avail. The minister was at the time of the Caucus meeting attending the Legal Year Opening together with President Mokgweetsi Masisi.
According to the MPs, they could not raise the matter during the meeting which was chaired by Vice President Slumber Tsogwane in the absence of the Minister.
The MPs fear a backlash from their constituencies regarding the law because they believe everyone could have been taken onboard. They also questioned the manner in which it was brought to Parliament via certificate of urgency.
“Most of us if not the entire backbench know nothing about this Bill. But they want us to support it. What is the rush all about? Why couldn’t MPs, civil society and all the affected stakeholders be taken on board to deliberate on the proposed law before it was taken to Parliament? This law is going to affect our people and they deserve to know,” said a BDP MP who preferred to remain anonymous. The Bill provides for undercover operations framework and formalises the collection of information through undercover operation orders and assumed identities.
It allows the Registrar of Births and Deaths, the Registrar National Registration and the Registrar of Marriages to make entries into their registers by order of the court for purposes of controlled investigations. It further makes provision for travel documents to be issued under assumed identities.
The Bill also provides for an interception of communications framework, which authorises the interception of communications by investigatory authorities and sets out the role of the service providers in controlled investigations for the gathering of criminal evidence.
The MPs have expressed worry that the Bill was rushed, jumping the queue of all other 15 Bills and brought on urgency. They questioned the importance of the Bill or what could have triggered the afterthought to have the Bill brought to Parliament.
“We have to make laws for our people and not against our people. Let us make laws that Batswana will appreciate. We should not have laws that will negatively affect our children when we are no longer there.
“As the ruling party we should not make laws just because we are in power. As the BDP we want to return to power after the 2019 general election, what are we going to say to the voters when we go back to seek re- election?
“They are going to ask us tough questions. But anyway, this is not new to the current cabinet; they just shove Bills into our throats and want us to sing along. How do you contribute meaningfully when you are in the dark,” asked another MP.
The Bill is expected to be passed before the end of this week. This is because from next week Parliament is expected to start the Budget Session which failed to start on Tuesday this week as earlier communicated by Parliament. The BDP was also scheduled to have another Caucus Meeting yesterday ( Thursday) to discuss the Bill and other matters.
BDP Chief Whip confirmed that most of them at the backbench are in the dark. He said it is also clear from his backbench that they do not want the law. He said even though they have not raised it in Parliament, they have expressed their disapproval during their side meeting. Kably acknowledged that Batswana and all affected parties should be taken onboard.
“Most MPs do not understand this law even Batswana. As the party in government, it is our responsibility to take everyone onboard. Maybe the Ministers understand it but as for the MPs it is a different thing altogether.
“The MPs have expressed worry about this law. As you can see Batswana are now saying it is a BDP law. This is because it has not been explained fully to them. We are a political party in government as the MPs have indicated, we have to explain to Batswana all these things and not just rush them. Now our opponents are using it to their advantage,” Kably said Wednesday in an interview.
He indicated that in a democracy there has to be adequate consultation. He said the government and the BDP leadership has to rise to the occasion so as to dispel the distortions that are peddled by their opponents.
He said as the shining example of democracy the country cannot be found to be regressing. According to Kably these are some of the laws that have the potential to make Batswana lose confidence in the BDP government if not appropriately explained and the people consulted.