This Week in Parliament

source: Republic of Botswana (1/8/09): TAUTONA TIMES no 19 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"

C. Responses by the Hon. Minister for Defence, Justice and Security to Questions raised in Parliament

C1) 29/7/09: QUESTION NO. 787 ASKED BY Mr. M.R. Reatile, MP. (Ngwaketse West)

QUESTION: To ask the Minister for Defence, Justice and Security:-
(i) when he intends to comply with judgment in the case involving Roy Sesana and others versus the Government of Botswana; and
(ii) can the Minister further explain whether the continued refusal to issue special game licences to those applicants who have returned to the Central Kgalagadi Game Reserve does not violate their Constitutional right to life.

ANSWER: Mr. Speaker, Government has complied with the High Court decision of December 2006 by allowing all people that the court had said were deprived of possession of their settlements inside the CKGR to return without the requirement of obtaining entry permits. These people were allowed to enter CKGR together with their spouses, minor children, property which is legally permissible into the CKGR, as well as the goats with which they were relocated.

This benefit has also been extended to all those who were minors at the time of the relocation in 2002. However, for purposes of verification and as a way of ensuring that only those alluded to in the Court Judgment are permitted inside the CKGR some form of identification such as production of Omang cards are required by wildlife officials every time that they wish to re-enter the Reserve.

Mr. Speaker, on the issue of Special Game Licenses (SGLs) I confirm that the court did indeed find that Government's refusal to issue SGLs to the Applicants was unlawful and unconstitutional. However, this does not mean that the Applicants enjoy automatic rights to acquisition of SGLs, but that they are free to apply for them and their issuance lies at the discretion of the Director of Wildlife and National Parks.

Mr. Speaker, I wish to emphasise that the Wildlife Management and National Parks Act (Cap 38:01) prohibits hunting inside the game reserves and national parks save for scientific purpose only. The judgment did not render unconstitutional existing laws, which continue to apply.

C2) 29/7/09: QUESTION: NO. 789 ASKED BY: Mr. M.R. Reatile, MP. (Ngwaketse West)

QUESTION: To ask the Minister for Defence, Justice and Security:-
(i) Whether or not the Judges held, in their ruling on a case involving Roy Sesana and others versus the Government of Botswana, that the Basarwa were unconstitutionally and unlawfully removed from their land and that they had the right to return to their home;
(ii) Whether their ruling did not oblige the Government to restore services as it surely cannot have been the Judges' holding that they live there without water; and
(iii) Why, despite repeated attempts by Basarwa representatives to discuss re-opening the borehole at Mothomelo, the Government refuses to let them use it.

ANSWER: Mr. Speaker, the judges in the case involving Roy Sesana and others versus the Government of Botswana ruled that the Basarwa were unconstitutionally and unlawfully removed from their land in 2002 and were therefore entitled to return. However, the Judges also made a specific order that the termination in 2002 by the Government of basic and essential services (e.g. water) to the applicants in the CKGR was neither unlawful nor unconstitutional. The Court further went on to say that the Government was not obliged to restore those services inside the CKGR.

Mr. Speaker, on the issue of the re-opening of the Mothomelo borehole some residents of the CKGR have brought a civil suit against Government. I therefore, cannot provide a response to this part of the question because the matter is sub judice. I thank you Mr. Speaker.

C3) 24/7/09: QUESTION NO. 763 ASKED BY: Hon. A. Magama, MP (Gaborone South)

QUESTION: To ask the Minister for Defence, Justice and Security whether there has been any progress in the formulation of a Defence Policy for Botswana; if not, does he not see the need for one.

ANSWER: Mr. Speaker, a Defence Policy cannot be formulated in isolation. It is an integral part of a National Security Policy. The formulation of a Defence Policy is normally preceded by a National Security Strategy Review.

Mr. Speaker, Botswana started its National Security Strategy Review in September 2007 and the exercise is currently on-going. Initially the National Security Strategy Review was expected to be completed by December 2008. However, because of a number of challenges which were not envisaged at the beginning of the process it has delayed and now is expected to be completed by September/October 2009. It is envisaged that once completed the National Security Strategy Review will produce, amongst others, a National Security Policy and the Defence Policy for the nation of Botswana. I thank you, Mr. Speaker.

C4) 22/7/09: QUESTION NO. 759 ASKED BY Hon. A. Magama, MP (Gaborone South)

QUESTION: To ask the Minister for Defence, Justice and Security:
i) Whether it is true that recently a deceased Police Officer and two other former Police Officers were promoted;
ii) If the answer is in the affirmative, who was responsible for such lapses and what measures have been put in place to avoid the recurrence of such embarrassing incidents; and
iii) Can he further assure this House that currently there are no ghost Police Officers on the payroll of the Botswana Police Service.

ANSWER: Mr. Speaker, it is true that two officers who had resigned and one officer who is deceased were erroneously included in the promotions list of 27th March 2009. This was as a result of a typing error where names that had been cancelled in the source list but where included in the final list. The Commissioner of Police however, noticed this error on the 31st March 2009, a day before the effective date and corrected the mistake. I thank you, Mr. Speaker.

C5) 14/7/09: Question No. 733 asked by Hon. P.P.P. Moatlhodi MP (Tonota South)

QUESTION: To ask the Minister for Defence, Justice and Security if there are any plans to provide a cold room to store exhibits in the form of carcasses at Tati Town Police Station, as Shashe Mooke residents who have cases involving stolen stock complain of such carcasses rotting quickly and as such making it difficult for such cases to be handled and disposed of.

ANSWER: Mr. Speaker, there are no plans to provide a cold room for storage of exhibits in the form of carcasses at Tati Town Police Station or any other police station in the country. Currently there are arrangements between the Police Stations and the Council abattoirs, local butcheries as well as schools, for temporary storage of such carcasses pending a Court directive on their disposal. Upon receipt of such a directive, the carcasses are subjected to inspections to determine whether the meat is suitable for human consumption. In the event it is suitable for human consumption the exhibit is disposed off by public auction and the proceeds deposited into the Government revenue account.

Mr. Speaker, in view of the low number of carcasses seized by the police from time to time, it would not be cost effective to provide cold rooms to store such carcasses until the cases are handled and disposed off. However to facilitate speedy disposal of stock theft cases my Ministry is in the process of establishing the Stock theft Unit in the Botswana Police Service and special stock theft courts under the Administration of Justice. Thank you.

C6) 14/7/09: Question No. 736 asked by Ms. B.M. Tshireletso MP (Mahalapye East)

QUESTION: To ask the Minister for Defence, Justice and Security how many people have lost their lives as a result of drowning during baptism by certain churches and what measures has he put in place to curb such accidents.

Answer: Mr. Speaker, since the year 2007 to date, a total of four (4) persons have lost their lives due to drowning during baptism. In one incident that occurred in Molepolole, one person died whilst being baptized in a dam on the 6th May 2008 whilst in another, three people lost their lives at Kolobeng River on the 19th October 2008 in a single baptism session. To curb these accidents, there is public education and billboards erected at these sites to warn the public to stay away from water pools. Thank you.