AG defends DPP
Advocate Keetshabe affirms the independence of DPP
The Attorney General Advocate Abraham Keetshabe has come to the defense of his colleague, the Director of Public Prosecution, over prosecution of cases.
The DPP last year came under attack following the dismissal of some of its high- profile cases at the High Court. The DPP was accused of rushing to prosecute cases which have not been properly investigated.
The Directorate’s integrity was soiled with some calling it a toothless and non- independent institution that is being used to serve political masters.
This week Adv. Keetshabe argued that the questions raised against the DPP are unfortunate. He said it is well known that the Director of Public Prosecutions ( DPP) derives his mandate from section 51A of the Constitution of Botswana.
He said the DPP under the leadership of Adv. Stephen Tiroyakgosi is independent and there will never be any interference allowed.
“Of recent, it has become fashionable for litigants to legally question and challenge the DPP’s discretion to prosecute/ prefer charges against certain individuals.
“These matters have reached the apex of our court structures and the Court of Appeal has adjudicated upon them and brought finality. The issue of the powers/ discretion of the DPP has been settled swiftly and succinctly. This efficiency is truly appreciated.
“Section 51A ( 6) of the Constitution provides that in the exercise of the functions vested in him, the DPP shall not be subject to the direction or control of any other person or authority,” Adv Keetshabe explained.
Speaking at the Opening of the Legal Year, the Attorney General explained that the proviso that says the DPP shall consult the Attorney General on cases considered by the Attorney General to be of national importance, does not in any way detract or subtract anything from this independence, nor can the “administrative supervision” of the Attorney General do so.
He said the DPP is, and indeed, should be independent, particularly in a leading democracy “such as ours.” Speaking with utmost conviction, Adv. Keetshabe said that every DPP will jealously guard against interference in the exercise of this mandate.
“It is a source of great pleasure to announce that some success has been realised in securing office accommodation for the DPP. The construction of the Maun DPP office is progressing satisfactorily, with occupation being expected by September 2022. This should go a long way in further assisting the Directorate to effectively deliver on its mandate.”
He noted that in order to keep abreast with the developments in the Judiciary, the Civil Litigation Division has also opened a satellite office in Maun so as to deal with cases registered at the new Maun High Court.
He said chambers will provide additional lawyers to augment the existing number during the course of the year.