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CHAPTER 21

LAW, JUSTICE, SECURITY AND FOREIGN RELATIONS

INTRODUCTION

Overview

21.1 This Chapter deals with thesecurity of the nation. The chapterdescribes the various institutionsassociated with law, justice andsecurity, reviews their achievementsduring NDP 8, and sets out strategiesfor NDP 9 with the view TowardsRealisation of Vision 2016:Sustainable and DiversifiedDevelopment ThroughCompetitiveness in Global Markets.The institutions involved are describedbelow.

Parliament

21.2 Parliament is established underChapter V of the Republic ofBotswana Constitution. As mentionedin Part I of the Constitution, itcomprises of the President and theNational Assembly. The NationalAssembly consists of the President, theelected Members and specially electedMembers, the Attorney General andthe Speaker who can either be electedfrom among Members themselves orfrom outside. Currently there are 400elected Members and four speciallyelected. The Constitution as amendedprovides that the number of electedmembers be increased by 17 newmembers during the 2004 generalelection. General elections are heldevery five (5) years and were last heldin 1999. Parliament has theresponsibility of enacting laws,authorizing public expenditure, raisingof national revenues through taxation,loans etc and serves as a medium for

representing and articulating the will,aspirations and needs of the people.Part III of Chapter V establishes theHouse of Chiefs, which is an advisorybody.

Office of the Ombudsman

21.3 The Ombudsman Act of 1995established the office of theOmbudsman. The responsibility of theOmbudsman is to implement andadminister the act with a view topreventing maladministration inconnection with the affairs ofGovernment. He/she investigates anyimproper conduct by personsperforming a public function and,where necessary, recommends actionto be taken to remedy the situation.

Administration of Justice(AOJ)

21.4 Chapter VI of the Constitutionestablishes the Judicature of theRepublic of Botswana, which consistsof the Court of Appeal and the HighCourt, located in Lobatse. A Divisionof the High Court has also beenestablished in Francistown to serve thenorth. There are, to date, 19Magistrates Courts throughout thecountry and 442 Customary Courts.The latter, which are the responsibilityof the Ministry of Local Government,mainly apply customary law, and arealso empowered to apply the PenalCode.

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Attorney General (AG)

21.5 The AG is the Government’sprincipal legal advisor and an ex-officio Member of Parliament, and alsoresponsible for criminal prosecutionsto the exclusion of any other authority.Legal advice to all Governmentministries and departments iscentralized in the Attorney General’sChambers. All legal suits for oragainst the Government are institutedby or against the Attorney General in arepresentative capacity in terms ofBotswana laws.

21.6 The AG’s Chambers consists ofsix divisions: the Civil, General,Prosecutions, Legislative and LawReporting, Lands Division and theDeeds Registry. The Civil Division isresponsible for all legal suits by oragainst the Attorney General and allother suits by or against LocalAuthorities where Government Policyis at issue. The General Division dealswith treaties, finance negotiations andlegal opinions. Prosecutions Divisionhandles prosecutions of complex cases,whilst the police do day-to-dayprosecutions under delegated authority.The legislative and law ReportingDivision is responsible for thepreparation of Government Bills,statutory notices, editing of the gazetteand the reporting and editing of theLaw reports of Botswana. The LandsDivision deals with conveyancing ofState land and property acquired by theState, and with leases; and the DeedsRegistry is in charge of registration oftitle deeds, leases, mortgages andnotarial deeds for Botswana laws.

Auditor General

21.7 The Auditor General audits andreports on the public accounts of mostauthorities of the Government, and

must be satisfied that all reasonableprecautions are taken to safeguard theproper collection, custody anddisbursement of public monies andstores. At the same time, the AuditorGeneral must be satisfied that thestipulated laws, instructions anddirections related to public moneys andstores are duly observed. Anyapparent lack of economy, efficiencyor effectiveness in the expenditure orutilization of public moneys or storesis reported to Parliament by means ofreports to the Minister of Finance andDevelopment Planning.

Botswana Police Service

21.8 The Botswana Police Serviceprotects life and property, prevent anddetect crime, repress internaldisturbances, maintain security andpublic tranquility, apprehendoffenders, bring offenders to justice,duly enforce laws with which it ischarged, and generally maintain peace.The Botswana Police Service is headedby the Commissioner of Police and issupervised by the Office of thePresident.

Directorate on Corruption andEconomic Crime (DCEC)

21.9 The DCEC was established inSeptember 1994 under the Corruptionand Economic Crime Act No. 13 of1994 to prevent and investigatesuspected cases of corruption andeconomic crime. The Directorate is anoperationally independent Departmentof the Ministry of State President. Ithas three main functions viz;

(a) Investigation and prosecution ofsome offenders, the latter beingunder the delegated authority of theAttorney General;

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(b) Educating the public against theevils of corruption and enlistingtheir support in the fight against theproblems; and

(c) Preventing corruption andeconomic crime.

21.10 The following departments fallunder the Ministry of Labour andHome Affairs:

Department of Immigrationand Citizenship

21.11 The role of the Department ofImmigration and Citizenship is toprotect society against the entrance,residence and movement in and out ofthe country of people with undesirablebehaviour, while at the same timeensuring the smooth passage ofgenuine travellers. It also offersimmigration related services to thepublic, e.g. passport service andacquisition of Botswana Citizenship.

21.12 The Department has sevendivisions. The Migration and VisaDivision serves as a secretariat to theNational Immigrants Selection Board.It issues visas, visitors’ permits, andexemption certificates. It coordinatesthe activities of the RegionalImmigrants Selection Boards. TheInvestigation and Repatriation Division

coordinates the investigation,repatriation and other immigrationrelated matters. The Passport Divisionissues passports and deals with mattersrelated to acquisition of citizenship.The Departmental ManagementDivision formulates managementpolicies and coordinates managementrelated activities. The Training andDevelopment Division plans, organisesand coordinates training and humanresources development. The Planningand Research Division plans andimplements the development projectsof the department.

21.13 The activities of these divisionshave been decentralised to eightregions namely: South Central (with itsadministrative centre in Gaborone);Southern (Lobatse); Ghanzi/Kgalagadi(Tsabong); Chobe (Kasane); Ngami(Maun); Serowe (Serowe); Selebi-Phikwe (Selebi- Phikwe); andNorthern (Francistown). (See mapbelow).

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Map 21.1 Botswana Border Posts

Source: Department of Tourism (web site)NB: The numbers indicate Botswana border posts.

Department of Prisons andRehabilitation

21.14 The Department of Prisons andRehabilitation is responsible for thesafe custody of people detained underthe law. The Department periodicallyreviews the relevance of PrisonsLegislation and where necessary,makes recommendations foramendments. It further recommendsand monitors the existence of variouscommittees such as Parole Boards,Prison Councils, Prison VisitingCommittees, Prison AdvisoryCommittee etc. as stipulated by thePrisons Act.

Botswana Defence Force (BDF)

21.15 BDF was formed in 1977 by anAct of Parliament in response toincursions into Botswana arising fromconflicts in neighbouring states. Sinceits formation, BDF has played asignificant role in security operationsand anti-poaching activities. It hasundertaken patrols along the borders

with neighbouring countries andmounted roadblocks to prevent entry ofweapons from neighbouring countries.

Independent ElectoralCommission (IEC)

21.16 The IEC was established bySection 65A of the Constitution in1997 which also provides for thecomposition of the Commission. Thefunctions of the Commission are;

(a) To conduct and supervise electionsof members of the NationalAssembly and Local Authorities.

(b) To conduct a Referendum.

(c) To ensure that elections areconducted efficiently, properly,freely and fairly.

(d) To give instructions and directivesto the Secretary of the Commissionin regard to the exercise of his/herfunctions under the Constitutionand Electoral Laws generally.

Kasane

Maun

Francistown

Selebi-Phikwe

Gaborone

Lobatse

Serowe

Tsabong

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(e) To perform such other functions asParliament may by law prescribe.

Foreign Affairs

21.17 The Ministry of Foreign Affairsand International Cooperation ischarged with the responsibility todevelop and manage a conduciveenvironment, enabling Botswana tointeract with the internationalcommunity. The Ministry coordinatesforeign relations issues, promotes theinterests of Botswana abroad andprovides consular and protocolservices.

REVIEW OF PERFORMANCEDURING NDP 8

Parliament

21.18 Thirty-eight constituencyoffices are operational. Consultationsare ongoing on the determination ofconditions of service for constituencystaff. The construction of newParliamentary offices has been delayedby the outcome of the Balopi

Commission on Sections 77, 78 and 79of the Constitution of Botswana andthe Delimitation Commissionfollowing the 2001 Population andHousing Census. Phase II ofComputerisation has led to aboutthirty-four offices in the BotswanaParliament and constituency officesbeing equipped.

Administration of Justice(AOJ)

21.19 Regular Circuit Courts haveover the years been adopted with aview to reducing the backlog ofmurder and traffic cases. A total of 99cases were disposed off throughCircuit Courts between 1998 and 2001(Table 21.1). Specialized traffic courtshave been established to dealspecifically with the backlog of trafficcases in Gaborone and Francistown.Other specialized courts such as familycourts will be established as the humanresource situation and court facilitiesimprove.

Table 21.1 – Cases in Circuit Court from 1997 – 2001

Year Number of Cases inCircuit Court

Number of CasesDisposed off

Number of Casesdisposed off afterCircuit Court

1998 49 40 91999 31 24 72000 30 11 192001 28 24 4

Source: Administration of Justice 2002

21.20 The Administration of Justicehas been faced with a shortage ofhuman resources across the board,which has affected its efficiency andeffectiveness. The shortages weremainly experienced in the categories of

both the professional and non-professional i.e. magistrates, clerks ofcourt, clerk assistants, Court reportersetc.

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21.21 However, the Organisation andMethods Review identified the needfor increased manpower at themagisterial level. As a result, 16additional posts of magistrates werecreated raising the complement from42 to 58. These additional postsnaturally attracted additional supportstaff. The need to engage courtreporters was also recognized in orderto provide accurate court records andexpedite court proceedings.

21.22 AOJ has a staff complement of656 posts as per EstablishmentRegister 2002/2003. In 2000/2001 theDepartment produced human resourceprojections, which revealed that theAOJ needed 285 non-professionalposts and 174 posts were allocated.There is still a shortage of 161 posts.Planned development projects willrequire 198 posts.

21.23 During NDP 8, the complementof judges at the High Court increasedfrom ten (10) to twelve (12) out ofwhich six (6) are locals. Plans areunder way to localise the Court ofAppeal, which is currently 100% non-resident and non-citizen. The Court ofAppeal has of late allowed somecitizen Judges of the High Court toparticipate in the Court of Appeal inorder to expose them to the operationsof the Court and to further buildexperience.

21.24 The computerized CourtRecord Management system will beintegrated with other stakeholderssystems such as Attorney General,Police, Prisons, Directorate onCorruption and Economic Crime,Immigration etc.

Attorney General’s Chambers

21.25 Introduction of InformationTechnology has been successfully

implemented. Almost 80% of the staffof Attorney General use computers ona one-to-one basis and also have beenexposed to basic computer skills.Efficiency has therefore been greatlyenhanced.

21.26 During NDP 8, the Governmentcontinued to experience an exodus ofprofessional staff to private practice.As a result, secondment of a desirednumber of staff to Ministries andDepartments was not possible due tomanpower shortage. Since December1997, three state counsels wereseconded to Ministry of Trade andIndustry, Independent ElectoralCommission and the Central TenderBoard. Shortage of staff hascontributed to slow delivery of serviceincluding the backlog of prosecution ofcases. This problem was furthercompounded by the increase in crime.However, in July 2001, salaries oflegal professional staff were increasedthrough an assimilation exercise so asto maintain parity with the salaries ofthe legal professionals in theAdministration of Justice. Thus, theimproved working conditions ofservice resulted in more new graduatesjoining the Department and the returnof others.

Auditor General

21.27 The Local GovernmentAuthority Public Accounts Committee(LAPAC) was established in 1999 tostrengthen accountability at the LocalGovernment. The Special OperationUnit was set up in 1995 through theOrganisation and Methods Reviewwith a view to ensuring that auditingstandards and practices are maintained.The audit communication networkwhich was expected to effectively andefficiently help in the audit ofcomputerized systems has not beenfully developed due to lack of suitable

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accommodation. A special softwareprogramme will be required to convertauditees’ accounting data into readableform.

Botswana Police Service

21.28 Though crime in all its formsand fronts is intolerable, crimes ofparticular concern to the nation are asfollows: Murder and Attempts,Robberies, Rape and Attempts,Defilement, Burglary/Housebreakingand Theft. During the period 1996 to2000, the Police dealt with 740,158offences compared to 552,161

recorded offences for period 1991 to1995 indicating an increase of 34%over a five (5) year period. A reviewof the period 1996 – 2000 indicatesthat the offences increased by 2% from1996 – 1997. For 1998 and 1999,there was a decrease of 0.14% and8.7% respectively. The year 2000 sawan increase in crime of 12.61%. Forperiod 1996 to 2000 the following arethe total figures of serious crimerecorded (Table 21.2):

Police College - OTSE

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Table 21.2 – Serious Crimes from 1996 - 2000

Offences Years1996 1997 1998 1999 2000 Total

Murder andAttempts

207 217 193 219 222 1,058

Robbery 1,172 1,079 1,057 1,160 1,152 5,620

Rape and Attempts 1,101 1,183 1,310 1,345 1,383 6,322

Defilement 83 108 137 143 184 655

House Breakingand Theft

4,383 4,530 4,892 4,623 5,328 23,756

Burglary and Theft 4,599 4,673 4,185 3,259 3,835 20,551

Total: 11,545 11,790 11,774 10,749 12,104 57,962

Source: Botswana Police Service Annual Reports 1996 - 2000.

21.29 Traffic violations remained asource of concern during NDP 8. Table21.3 shows increases in traffic

accidents of 14.94% from 1996 to1997, 20% for 1998, 18.50% for 1999,3.6% for 2000 and 5.0% for 2001.

Table 21.3 Road Traffic Accidents

1996 1997 1998 1999 2000 2001No ofAccidents

10,338 11,882 14,279 16,922 16,313 17,125

Casualities 5,457 5,956 6,887 8,049 7,790 7,945Fatal 338 411 453 494 528 526

Source: Botswana Police Service Annual Reports 1996 - 2000.

21.30 Road traffic safety continues tobe a serious problem in the country,with an average 15,000 trafficaccidents annually, of whichapproximately 500 are fatal injuries.

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Chart 21.1 Road Traffic Accidents

0

2 ,000

4 ,000

6 ,000

8 ,000

10,000

12,000

14,000

16,000

18,000

1996 1997 1998 1999 2000 2001

N o o f A c c i d e n t s C a s u a l i t i e s Fa t a l

Source: Botswana Police Service Annual Reports 1996 - 2001

21.31 The Botswana Police Servicewill continue in their Annual PolicingPlans to target traffic violations in abid to suppress them. The amendmentof the Traffic Act during NDP 8 andthe introduction of the automatedtraffic enforcement system shouldprove useful during NDP 9.

21.32 All Police Telecommunicationsprojects earmarked for implementationduring NDP 8 were completed. Out ofthe eleven (11) new police stationsplanned, six (6) were completed, four(4) are under construction, whilst one(1) has been deferred. Overallimplementation is 72%. However,only five (5) existing stations wereimproved during NDP 8 out of the nine(9) planned, while the remaining 4 areunder construction.

21.33 Construction of houses fellbelow the target of 798 housing units.A total of five (5) projects comprising575 units are complete, whilst nine (9)projects consisting of 223 housingunits are under construction. An

additional 531 emergency houses wereallocated to the Police Service toaddress the problem ofaccommodation. These are at variousstages of pre-contract services.

21.34 The Police establishmentincreased by 21.65%, from 5,174 to6,294 posts, between 1995 and 2000.This increase met the requirements ofnew facilities and extension of theexisting stations.

21.35 The New Botswana PoliceCollege which offers recruits, in-service and other specialised training iscomplete together with the trainingcurriculum. The Law EnforcementAcademy, which was completed inOctober 2002, is also offeringspecialised training.

21.36 The transport fleet increased by20.4%, from 1,074 in 1995 to 1,293 in2000. This represents an average offive (5) officers to a vehicle, againstthe guideline on allocation of transportresources of four (4) officers to a

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vehicle. These figures includemotorcycles, buses of all sizes,recovery vehicles and trucks.

Police College - OTSE

Directorate on Corruption andEconomic Crime (DCEC)

21.37 The Directorate’s long -termobjective to achieve a corruption freesociety and the development ofopportunities for partnerships with thepublic, civil society and otherstakeholders to tackle the volume ofcorruption and economic crime.

21.38 Substantial progress has beenmade during the period under review.The construction of a purpose builtheadquarters has been completed. Atotal of 24 housing units in Gaboroneand 4 in Francistown have beenacquired. An additional 49 houseswould be built during the last year ofNDP 8.

21.39 The DCEC’s InformationManagement System will becompleted by the end of the planperiod. This system provides forcomplete computerized management ofcases. The system removes the needfor the maintenance of case files,improves supervision andaccountability as well as easingretrieval of information.

21.40 During the period underreview, the Directorate embarked on a

number of investigations, some ofwhich were high profile, and whichsubsequently led to successfulprosecutions and convictions. Almostall high profile investigations eitheroccurred during its formative stage orprior to its formation. Of allcomplaints made to the DCEC, 74% ofthe complainants identify themselvesto the Directorate.

21.41 During NDP 8, the DCEC alsoembarked on a vigorous publicitycampaign aimed at fostering publicsupport and reducing opportunities forcorruption and economic crime. Thiswas done through print media,production of posters, erection of billboards at strategic places and throughconducting management assignmentstudies on Government and parastatalorganisations to address identifiedweaknesses in the systems andprocedures that could lend themselvesto corrupt practices.

21.42 Anti-corruption strategiesfocusing on making corruption a highrisk and low return undertaking havebeen developed and continue to beimplemented. DCEC has realised aslight increase of 4.25% in the numberof reports it has received even thoughincidents of corruption and economiccrime remain constant.

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Chart 21.2 – Incidents of Corruption and Economic Crime

0

2000

4000

6000

8000

10000

12000

Total

Repor

ts

Corru

ption

Econom

ic cr

ime

Other

Source: Directorate on Corruption and Economic Crime, 2002

21.43 As will be seen in Chart 21.2 atotal of 9,772 cases were reported sinceinception. Of these, 1680 (17.2%)were pursuable allegations ofcorruption and 1,016 (10.4%) ofeconomic crime. The remaining 7,076reports (72.4%) were either aboutmatters outside DCEC’s remit or couldnot be pursued for lack of informationor specificity.

Table 21.4: InvestigationsCommenced

Year No ofInvestigationsCommenced

1994 1721995 4091996 4171997 3291998 3341999 2912000 3942001 381

Source: Directorate on Corruptionand Economic Crime, 2002

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21.44 A total of 2 727 cases havebeen investigated, with others endingin prosecution and resulting in mixedresults (Table 21.4).

Ombudsman

21.45 From the inception in 1997 upto the end of 2002 more than 3,400

(Three Thousand Four Hundred)complaints concerning the PublicSector had been received and resolved.A much greater bulk of the complaintswere jurisdictional and wereinvestigated and resolved as wasnecessary. Between 1999 and 2000,there was a sharp increase as depictedby Chart 21.3.

Chart 21.3 – Cases Resolved 1998– 2002

0

200

400

600

800

1000

1200

1400

1998 1999 2000 2001 2002

No

of

Cas

esR

eso

lved

Source: Office of the Ombudsman 2002

Immigration

21.46 Government is in the process ofcomputerising some of its keyfunctions namely: computerisation ofthirteen border posts and five passport-issuing centres. The new passports willbe machine readable with improvedsecurity features. The roll out of theremaining border posts will beconsidered during NDP 9.

21.47 In order to drastically reducethe number of foreign nationalsresiding illegally in Botswana and todiscourage Batswana from aiding andabetting unlawful entry, theImmigration Act will be amended tointroduce stiffer penalties.

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Chart 21.4 – Illegal Immigrants 1998 – 2001

9099

1234313503

9465

0

2000

4000

6000

8000

10000

12000

14000

16000

1998 1999 2000 2001

Year

No.

Ille

galI

mm

igra

nts

Source: Department of Immigration and Citizenship, 2002

Prisons and Rehabilitation

21.48 The Prisons Service hadcommitted itself to undertaking anumber of initiatives. The Pre-ReleaseTraining Policy is awaiting approvaland implementation of the scheme willbe continued in NDP 9.

21.49 The Research Unit was to bestrengthened by computerizing it toenable it to capture and store relevantinformation about prisoners and ex-prisoners so that rehabilitationprogrammes can be monitoredefficiently. Computers have beensecured and training of officers andnetworking are ongoing.

21.50 In line with the ideal of aCompassionate, Just and Caring Nationof Vision 2016 for Botswana,Government is concerned aboutcongestion in prisons. To this end,certain measures were taken duringNDP 8 to address the problem. Two

prisons in Tshane and Letlhakane anda Centre for Illegal Immigrants inFrancistown have been completed.Projects, which have been started inthe last half of the Plan are; BoysPrisons at Moshupa and expansion ofSelebi- Phikwe, Maun and GhanziPrisons.

21.51 The Prisons Act was alsoamended which led to an increase inthe extramural qualifying sentencesfrom six months to twelve months andallowing release of terminally illinmates on Home Based Care. Theamendment resulted in major reductionin prison overcrowding from 126% to89%.

21.52 Prison Standing Orders andScheme of Service were reviewed andamended in order to improve serviceefficiency. The primary considerationunder officers’ welfare is shelter as

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espoused by Vision 2016. However,only three units of three storey lowcost flats were built in Gaborone.

Independent ElectoralCommission

21.53 The Commission conducted the1999 General Election assisted by aTeam of Experts to evaluate itsperformance in the conduct of theelections. The Commission has alsoconducted 13 by-elections includingone re-election since the 1999 GeneralElection. Another major developmentfor the Commission is the NationalReferendum on the Judiciary, whichwas conducted on 3rd November 2001.

21.54 The IEC commissioned a VoterApathy Study as a result of thediminishing voter turnout at elections.The findings will form a basis for votereducation strategies, which will beintegrated into the larger votereducation curriculum.

Defence

21.55 During NDP 8, the BotswanaDefence Force took part in therestoration of Law and Order inLesotho under the auspices of SADC.

21.56 Additional housing units,barracks and blocks of bachelor flatswere completed at Thebephatshwa andGlen Valley. Other projects scheduledfor completion are the Francistownhousing and auditorium and messfacilities, Mogoditshane and GlenValley Clinic. The Tsabong andGhanzi camps were deferred.

Foreign Affairs

21.57 Recognising that theinternational scene within which theMinistry of Foreign Affairs and

International Cooperation operatescalls for a size and level oforganization which matches the samelevel and scope of operation ofcounterpart organizations world-wide,Government has been takingappropriate measures to enhance theoverall efficiency and effectiveness ofthe Ministry.

21.58 The Department of ForeignAffairs was upgraded to a fully-fledgedMinistry. This enhanced institutionalstatus will help in improving theMinistry’s capacity to effectivelyexecute its mandate.

21.59 The Ministry of Foreign Affairsand International Cooperation has beenrestructured into five (5) Departmentsand one (1) Division as follows;Department of Ministry Management,Department of Multilateral Affairs,Department of Protocol and ConsularMatters, Department of Africa/AsiaAffairs, Department of Europe andAmerican Affairs and the Division ofInformation and Research.

STRATEGY FOR NDP 9

Parliament

21.60 Through its Strategic Plan,Parliament has undertaken to providewell-read and researched legislativeadvice, prudent resource management,transfer and application of informationtechnology skills, availability ofresearched information and staffdevelopment and growth. Strategiesinclude; production of a legislativemanual on parliamentary practices andprocedures; use of informationtechnology; development of aninformation database for Bills, policiesetc; review of existing resourcemanagement systems and training.

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Administration of Justice

21.61 One of the goals of theAdministration of Justice in itsstrategic plan is to promote greateraccess to justice through the provisionof appropriate infrastructure in ruraland urban/peri-urban communities.This need was also in response toVision 2016 where it was observedthat; “The availability of courts andother disputes settlement agencies ispresently concentrated in the majorcentres, and there are delays in theprocessing of disputes as well as in theenforcement of decisions. Thechallenge is to extend these facilities torural areas”

21.62 Efforts are continuing to bringdown the backlog of cases. Alldisputes will be resolved in atransparent, professional and timelymanner. Some of the activities gearedat achieving that are:-

• Registering all cases immediatelyupon receipt.

• Instituting delay reduction system.

• Training stenographers/courtreporters

• Accessing of the Internet by allJudges and Magistrates

• Equipping the library.

• Serving, enforcing and executingcourt orders in a transparent,professional and timely mannerand developing professionalstandards.

• Legal Division to focus onreduction of backlog as abreakthrough improvement areaannually.

21.63 The ongoing computerizationof the registries will assist in themanagement of cases and further giveaccurate information on the status ofcases, the backlog, the rate of disposaland causes for delays. It will furtherhelp in tracking every case that hasbeen reported in the courts.

21.64 The other method introduced todeal with the backlog of cases is theintroduction of the traffic courts inGaborone and Francistown.

21.65 Temporary courts have beenheld in Gaborone to help clear thebacklog in traffic cases. Four (4)temporary magistrates from the privatepractice took part in that exercise and alot of cases were disposed of, althoughsome remained pending.

Attorney General’s Chambers

21.66 In keeping with the aspirationof Vision 2016 to restore publicconfidence in the Criminal JusticeSystem, to tackle serious and violentcrime and public legal education andawareness, the Attorney General’sChambers has identified five (5) KeyResults Areas. Timely dispensation ofJustice; Lawful Government decisions;Certainty of Ownership of Land;Customer Satisfaction; and MotivatedStaff are the most critical areas in thedelivery of the core business.

21.67 Prompt delivery of professionallegal services is to be secured throughdecentralization of services byestablishing regional offices as well assecondment of more staff to variousMinistries and Departments.

21.68 A drafting instructions manualwill be developed, which, it is hoped,will substantially improve the qualityof legislative drafting instructions and

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lend to the completion of draftinglegislation in the shortest possibletime.

21.69 In order to retain staff, theirmotivation has to be enhanced not onlythrough adequate salaries but alsothrough the provision of adequatesupport services, maintenance ofadequate staff levels as well astraining. Decentralisation of legalservices to Francistown willnecessitate increases in humanresources as well as vehicles fortransportation of state counsel to outstationed courts in the northern part ofthe country.

21.70 In response to HIV/AIDSepidemic, Attorney General will:

♣ Educate the public on the legalaspects of HIV/AIDS through thePublic Relations office whenestablished

♣ Mainstream legal aspects ofHIV/AIDS in legal educationprogrammes with the ministries

♣ Develop and provide legal adviseto government on HIV/AIDSissues

♣ Reflect HIV/AIDS issues in thedrafting of laws, agreements, andconventions

Auditor General

21.71 During NDP 9, the AuditorGeneral will endeavour to provide highquality audit services in order to satisfycustomers and promote accountabilityand transparency in the public sector.The Auditor General will developstrategies for the provision ofprofessional support to the PublicAccounts Committee in order toenhance good governance. Withincreasing public consciousness, thedemand for public accountability ofpersons or entities entrusted with

management of public resources hasbecome increasingly evident. There is,therefore, a greater need for theaccountability process to be in placeand operating effectively.

Botswana Police Service

21.72 During NDP 9, the police willaim at achieving the following:

♣ To reduce crime and makecommunities safer.

♣ To eliminate physical violation ofindividuals.

♣ Improve communication throughextensive use of informationtechnology and an increasedtransport support.

♣ To reduce the number of deathsand serious injuries on the roads.

♣ To enhance the effectiveness ofCrime Prevention initiatives.

♣ To improve crime detection.

♣ To mainstream HIV/AIDS intocore business.

21.73 To achieve these aims it will benecessary to:

♣ Implement the new curriculum atthe Botswana Police College.

♣ Review existing transport andcommunication equipment.

♣ Develop the Police ForensicLaboratory and Forensic Service.

♣ Increase patrol coverage (policevisibility)

♣ Ensure availability of sufficientpolice offices and residentialaccommodation.

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♣ Introduce traffic control andenforcement system in major roads.

DCEC

21.74 The workload facing DCEC’sinvestigators has grown considerably.The optimum number of cases perinvestigating officer is five (5). Toreach this target and sustain it, andhence give the public the level ofservice they are entitled to, furtherinvestigators are needed. In addition,an analysis of the geographicaldistribution of the investigationcaseload reveals the need to establish abase in the north, which will speed upthroughput of cases arising in andaround that area.

21.75 DCEC’s establishment isplanned to increase gradually from 153to 213 posts. DCEC has established astrong internal infrastructure for staffcounseling on the problem ofHIV/AIDS and this has beenstreamlined into its strategic plan.Ways will be explored during NDP 9of inculcating HIV/AIDS preventionmessages into, and withoutdiminishing, its anti-corruption publiceducation campaign.

Ombudsman

21.76 One of the ideals of Vision2016 is a future for Botswana with acommunity-oriented democracy withstrong decentralized institutions. TheOffice of the Ombudsman will ensurethat this ideal future is attained throughpromotion of good governance. Theoffice will also promote accountabilityand transparency in the Public Sector.There will be two centers in the wholecountry to coordinate investigationactivities, namely, Gaborone as theoffice headquarters and Francistown asa branch office. However, circuit

investigations will be conducted on aregular basis to enable as far aspossible accessibility to Ombudsmanservices by the less privilegedcommunities who reside far away fromthese centers. Such will, in someinstances, be carried out on a quarterlybasis.

21.77 The Office of the Ombudsmanaims to achieve the following:

• Promote Good Governance andResponsible Leadership.

• Reduce investigation time ofthroughput from 12 to about 6months.

• Intensify public awarenesscampaigns.

• Establish investigation centresnationwide.

• Conduct quarterly circuitinvestigations countrywide.

• Improve accessibility.

Strategies

21.78 The following strategies will beemployed:-

• Implement PerformanceManagement System.

• Recruit more staff to expand theinvestigations and support servicesteams.

• Review existing investigativeprocedures and strategies.

• Start a public relations(Communications) office.

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• Install and maintain acomputerized case managementsystem.

• Send staff on long and short-termtraining programmes.

• Expand the Computerized CaseManagement system.

Independent ElectoralCommission

21.79 The IEC has the responsibilityof ensuring that elections areconducted efficiently, properly, freelyand fairly within the requirements ofthe Constitution and Electoral Lawsgenerally, in that way upholding one ofthe national principles of Botswana,which is Democracy.

Objectives

♣ The IEC will intensify votereducation on democratic principlesand practices.

♣ The voter education will be sharedwith all stakeholders and theMinistry of Education with theview to infuse its aspects into theschools curricula.

♣ Political parties will be involved inthe voter and civic education.

Immigration

21.80 In order to attain a Prosperous,Productive and Innovative and Safeand Secure Nation, Government willcomputerize its major functions andengage in staff development.Additional offices and staff houses toalleviate accommodation problems willbe provided.

21.81 Computerisation of serviceswill result in greater improvement andefficiency at which services areprovided to the public. Given theimportance of tourism in Botswana,there is need to improve efficiency infacilitating movement of people in andout of Botswana, thereby also assistingin trade integration in line withglobalization.

21.82 Regional immigrationboundaries will be aligned to those ofDistrict Administrative boundarieswhere possible. However, additionalresources would be required toestablish more regional offices.

Prisons and Rehabilitation

21.83 The overall objective of thePrisons Service is to provide effectivecustody and rehabilitation of prisoners,so that they might be productive andlaw-abiding citizens. Given the levelof overcrowding in prisons, completionof ongoing projects will not effectivelyaddress the problem. If the number ofprisoners were to remain constant,overcrowding would be reduced by50%.

21.84 The Prisons Service plans tointensify training of prisoners bybuilding five (5) industry workshopsand two (2) libraries and five (5)clinics to accord the inmates easyaccess to primary medical care andhospital facilities. With the prevalenceof HIV/AIDS, the Service iscommitted to ensuring that the inmatesare given access to the clinics forcounseling, anti-retroviral treatmentetc.

21.85 Botswana is experiencingserious forms of crime, some of whichwere unknown to the country in thepast years. Such offences attract heavysentences and those convicted of the

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offences resist custody. Therefore, amaximum-security prison will bedesigned.

21.86 The following policies areplanned;

♣ A policy on the computation ofsentences in line with relevant lawsto facilitate easy understanding ofthe principles involved.

♣ A policy on custody and searchesof prisoners in order to enhanceoperational efficiency of theService

♣ A policy on the training ofprisoners so that there are standardsfor rehabilitation of prisoners.

♣ A Personnel Policy Manual.

Botswana Defence Force

21.87 To minimize the problems ofincomplete or unattended projects, theBDF will, in addition to the servicesprovided by both the Departments ofArchitecture and Building Services andElectrical and Mechanical Services,increase internal capacity byoutsourcing to the private sector,including the Botswana HousingCorporation (BHC).

21.88 The BDF has a large deficiencyin all types of equipment, vehicles andinfrastructure, especially livingaccommodation, etc. Thesedeficiencies hinder the operational roleof the Force. Stability in Botswanashould not reduce the readiness andefficiency of the BDF. It is imperativethat the BDF acquires a professional,modern, mobile and accountable forcecapable of promptly responding to awide range of internal and externalchallenges. The BDF is a major tool

used to realize the security objectivesof the National Strategic Vision 2016.

21.89 The larger share of the BDF’sdevelopment expenditure will gotowards addressing commitments onmilitary equipment and infrastructure.The major strategic goals of therevised policy will be the consolidationof the achievements attained in the pastand repositioning the country afreshfor new challenges that will arise in the21st Century.

Foreign Affairs

21.90 The responsibility for foreignaffairs falls under the Ministry ofForeign Affairs and InternationalCooperation. The Ministry willcoordinate and facilitate the fine-tuning of Botswana’s dealings with theoutside world to ensure that thecountry derives maximum benefit fromits interaction with the internationalcommunity. Areas of particularattention will include:

¬ Beefing up of bilateral relations;¬ Re-enforcing regional cooperation

and integration;¬ Coordinating foreign relations;¬ Employee motivation;¬ Operational efficiency and

effectiveness¬ Contributing to causes of

international concern.

21.91 The Ministry of Foreign Affairsand International Cooperation willstrengthen its cooperation with otherMinistries to promote Botswana’sinterests, particularly in the areas ofbilateral cooperation, regionalintegration, promotion of peace andsecurity, consular services, investmentand tourism promotion andinternational trade.

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21.92 Recognising the key role thatthe Ministry of Foreign Affairs andInternational Cooperation plays in thedevelopment of the country, andpotential of the HIV/AIDS epidemic toderail its realization, during NDP 9, thesector will undertake HIV/AIDSprogrammes as follows:

• To develop a workplace policy onHIV/AIDS

• To mainstream HIV/AIDS issuesinto the training curriculum ofdiplomats

• To develop mechanisms forregularly updating foreign missionson the state of the epidemic toenable forge linkages with theinternational community forassistance in combating theepidemic

• To empower diplomats to engagein effective dialogue with hostcountries for support

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