This Week in Parliament

source: Republic of Botswana (22/8/09): TAUTONA TIMES no 22 of 2009
The Electronic Press Circular of the Office of the President
"Democracy, Development, Dignity and Discipline"


D1) 18/8/09: RESPONSE BY THE HON. MINISTER FOR PRESIDENTIAL AFFAIRS AND PUBLIC ADMINISTRATION PARLIAMENTARY QUESTION NO 875 ASKED ON BY MR. I. S. MABILETSA, MP (KGATLENG EAST)

QUESTION: To ask the Minister for Presidential Affairs and Public Administration:-

i) whether the Constitution or other laws of Botswana permit the Head of State to appoint more than one person to a ministerial office, as is the case with the Ministry of Finance and Development Planning presently, where one Minister is acting for four months whilst the other is on sick leave;

ii) would it not have been more prudent and cost effective to drop one Minister and keep the other;

iii) whether both of them draw a full salary; and

iv) was the salary provision for the second Minister approved by Parliament.

ANSWER: Mr. Speaker, the Constitution of Botswana and other laws of Botswana do indeed permit the President to appoint more than one person to a ministerial office. The President is empowered by the Constitution to appoint persons to the offices of Minister and Assistant Minister. The Constitution further provides that if a holder of an office is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of an office, in this case, a ministerial office, the President may appoint a person to act in or perform the functions of that office.

The Ministerial Offices (Maximum Number Act, Cap 02:02) provides that the number of offices of Minister of the government of Botswana shall not exceed 16. This remains the case, as the President has not created a 17th ministerial office, but has appointed Mr. Matambo to act in the existing office of Minister of Finance and Development Planning. Therefore, Mr. Speaker, in this context, the law does allow the appointment of more than one person to one office, as is the case with the Ministry of Finance and Development Planning. The substantive Minister Hon B. Gaolathe is indisposed and has been granted sick leave and Mr O. K. Matambo has been appointed to act in that office.

Mr. Speaker, the issue of dropping Hon Gaolathe has not arisen. He is indisposed and it would be inhumane to do so. Instead he has been granted sick leave on full pay. Similarly Mr. Speaker, it is a well established system that when an incumbent of an office is granted sick leave, the person appointed to perform the functions of that office is remunerated accordingly, and such funds are not extra-budgetary.

I thank you, Mr. Speaker.


D 2) 12/8/09: RESPONSE BY THE HON. MINISTER FOR PRESIDENTIAL AFFAIRS AND PUBLIC ADMINISTRATION TO PARLIAMENTARY QUESTION NO 855 ASKED ON BY MR. P.P.P. MOATLHODI, MP. (TONOTA SOUTH)

QUESTION: To ask the Minister for Presidential Affairs and Public Administration to confirm that female parliamentary staff purchase new outfits at their own expense to use during ceremonial occasions such as Budget or State of the Nation Address; if so:-


i) why can't the said staff have their outfits purchased by the National Assembly as is the case with other Government departments; and

ii) when shall the said staff be reimbursed for amounts disbursed by them to date for such ceremonial attire/outfits.

ANSWER: Mr. Speaker, I am informed that female Parliamentary staff in the past purchased outfits for use at their own expense. On other occasions, they simply agreed on the colours to be worn. They do this voluntarily as there is currently no requirement for them to be in uniform during any occasion. Given this position Mr. Speaker, there is no basis upon which reimbursement can be made. Secondly, I really do not believe that we should interfere with initiatives of this nature, which the staff may wish to undertake voluntarily. And I believe that staff itself is not complaining about this situation.

I thank you, Mr. Speaker.



D3) 21/8/09: RESPONSE BY THE HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO 878 ASKED BY Mr. P.P.P. Moatlhodi, MP(Tonota South)

QUESTION: To ask the Minister for Defence, Justice and Security:-

i) If it is correct that, during the ongoing merger of the Botswana Local Police Service into the Botswana Police Service, six (6) members of the Botswana Local Police Service were shown their application forms (PSM 2) which they filled when they joined the civil service;

ii) If so, why was this required of only these six (6) officers from the Botswana Local Police Service and not from the rest of their counterparts; and

iii) Why were members of the Botswana Police Service treated differently and exempted from the completion of such forms.

ANSWER: Mr. Speaker,

i) I am not aware of any specific or particular six (6) members of the Botswana Local Police Service who were shown their application forms (DPSM 2) which they filled when they first joined the civil service.

ii) All members of the Botswana Local Police Service went through the process of completing Form DPSM 2 as it is required for the purpose of security vetting.

iii) All members of the Botswana Police Service also complete Form
DPSM 2 without exception.

I thank you Mr. Speaker



D4) 19/8/09: RESPONSE BY THE HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO 880 ASKED BY HON. P.P.P. Moatlhodi, MP (Tonota South)

QUESTION: To ask the Minister for Defence, Justice and Security if he can confirm whether during the ongoing merger of the Botswana Local Police Service into the Botswana Police Service, six (6) Botswana Local Police Officers reported at the Botswana Police College in Otse on 30th July, 2009 for interviews and medical examination; if so:-

i) Is he aware that all six were informed that they will not be recruited on account of their obesity;

ii) Is there any law applicable to the police cadre that disqualifies obese persons from obtaining employment in the Botswana Police Service; and

iii) Have any members of the Botswana Police Service been subjected to similar treatment, if not, why.

ANSWER: Mr. Speaker, I am not aware of any specific or particular six (6) Botswana Local Police Service officers who reported at the Botswana Police College in Otse on 30th July 2009 but I am aware that the process of attestation was going on that particular day. I am however, aware that there were some members of the Local Police Force who were declined for attestation to the Botswana Police Service by a medical doctor due to severe obesity, and that it would not be medically safe for them to take part in any form of physical training.

Mr. Speaker, the Botswana Police Act (CAP 21:01) Section 8(b) gives the Commissioner of Police power to appoint fit and proper persons into the Botswana Police Service and these people were not fit to be appointed into the Botswana Police. All officers in the Botswana Police Service undergo this process upon their attestation and they are therefore required to maintain a level of fitness commensurate with the demands or the Police Service; failing which they are subjected to a Medical Board.

Thank you Mr. Speaker.



D5) 18/8/09: RESPONSE BY THE HON. MINISTER FOR DEFENCE, JUSTICE AND SECURITY TO PARLIAMENTARY QUESTION NO 713 ASKED BY Mr. M.M. Goya, MP.(Palapye)

QUESTION: To ask the Minister for Defence, Justice and Security whether indemnity notices such as "vehicles parked here are at owners risk", displayed on some commercial and public premises are legal and further say what measures have been put in place to explain their consequences to the public.

ANSWER: Mr. Speaker, the disclaimer notices referred to by the Honourable Member are legal instruments used by many commercial operators to limit their liabilities and are commonly referred to as "limitation of liability clauses". In cases that have come before the courts involving such clauses and notices the courts have demanded that such should be put in full view of the customers so that customers be able to see them and take the risk either deliberately or negligently or recklessly as the case may be. In implementing the Consumer Protection Act (CAP 42:07) the Ministry of Trade and Industry through the Consumer Protection Unit holds seminars and workshops for both business and customers and amongst others, highlight the consequences of such notices.


I thank you Mr. Speaker.