Vol.23 No.171

Tuesday 14 November 2006    
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Opinion/Letters
The bill smells more politics than security

AS I SEE IT
MICHAEL DINGAKE

11/14/2006 4:46:59 PM (GMT +2)

The Intelligence Bill published in the Government Gazette Extraordiary of 3 November, 2006, makes me creepy. What are the new security threats that have led to this bill? Would it not have sufficed to amend the National Security Act, to plug any holes that might have cropped up in the course of time? Security threats, normally have external origins. Is the bill prompted by any such direct threats? If so, wouldn't they be better handled through the SADC, Politics and Security Protocol and the intra-regional police structures? Otherwise why mend it, if it ain't broken?


Political stability in Botswana has never been better. Political upheavals are as remote as the second coming. Disputes between employers and workers exist here and there but in the tradition of our culture of settling disputes, they are effectively managed through the judicial litigation process and traditional arbitration methods. My creepiness arises out of the fact that government intelligence system out of this bill, may have a backlash in the medium and long term, of driving current decent politics, underground and proliferating a network of intelligence and counter-intelligence networks with agent provocateurs and double agents, permanently scarring our unique culture of political tolerance.

The observation above, unless contradicted, means that we must examine the motivation for this Bill in the context of the current domestic political milieu. Recently there have been allegations, though dismissed by government officials, that intelligence agents are conducting secret surveillance in the opposition, trade union and BDP factional camps. This may explain and confirm the jitters ruling the ruling party! Despite the "collapse" of the opposition talks and the "dissolution" of the BDP factions, the two nightmares for the BDP, the road ahead is still bumpy. Big brother does not derive comfort from the overt flux, pervading our political situation.

What lends more credence to the speculation, is that in 18 months we shall have a new president, courtesy of automatic succession decree. If we note that security legislation aura, may tempt even political lambs into scavenging wolves, our in-coming President with his professional background may become an instinctive and instant tactician of the evolving situation. Outgoing Mogae has already blazed the trail: *Precedent ruled against Khama coming into Parliament wearing a leopard skin, but calculated manipulation by the desperate President and the conceited recruit, overrode the law, the lawmakers and practice!

*In terms of the BDF Act ostensibly anyone outside the BDF staff command, shall not have routine access to equipment falling within the jurisdiction of the commander's disciplinary arm. The VP-to-be, deliberately set as a condition for entering Parliament, the flying of BDF aircraft. And bugger the ruling of the ombudsman!

* He applied for and was granted an irregular sabbatical leave as Vice President, a few months into office;

*The constitution of Botswana does not provide for the post of premier, but since the VP fancied a distinctive role in cabinet, he demanded the premiership, regardless. He was installed in one portfolio, equivalent in functions, if not in name!

*All MPs attend sittings of Parliament and contribute in the debates. The VP seems to have exempted himself from this culture and custom. This is either a mark of incapacity or demonstrative contempt of the whole process. Either way, it depicts someone who cannot play by the rules!

Who can trust the President-elect once inflated with the power and authority of this bill from the blue?

There are loopholes in the Bill under which manipulation and abuse can occur. The vetting of job applicants and the discretion of the president to determine alone, what may be or not, in the national interest, add to my nervousness about the bill. Such discretion and power in the hands of an unpredictable megalomaniac, certainly makes the bill liable to abuse.

One must warn that Intelligence Acts by their nature, unintentionally but inexorably breed "spying industries" characterised by endemic corruption. They create a full-blown market where genuine and fake information products are sold and bought. The so-called classified documents can never be kept out of the hands of those who want them for their creditable or nefarious purposes. Vetting of job applicants is far from foolproof.

Employees do not always leak documents for money but out of other considerations. The case of Sarah Tisdall, a 23 year-old employee in the Foreign Office, UK, who though intelligent, personable, reliable, satisfactorily vetted, is illuminating. Sarah, in March 1984 leaked information about the arrival of a Cruise missile in the UK and afforded the public an opportunity to mobilize a massive protest demonstration against nuclear weapons. In her own words Sarah told an investigating officer: "I am not a spy, but I couldn't sit there and let that go through as I felt it was immoral ... I felt that the public had the right to know what was being done to them." Some information will exchange hands for cash and some gratis out of concern for public morality! Fact. Security/intelligence legislation invariably has a negative impact on good governance. It breeds witch-hunting and tramples on human rights, in favour of partisan security.

Finally, a sneaking evidence to prove that the Bill smells more politics than security is the composition of its Central Intelligence Committee: President, Vice President, Minister for Presidential Affairs, Minister of Foreign Affairs, PSP, Attorney General, Commander of the BDF and his Deputy, Commissioner of the Police and his Deputy. The Committee is top heavy with politicians and their accessories, to qualify for a non-partisan technical intelligence structure. National security is too sacred and too sensitive to be entrusted to the rigmarole of scheming politicians unsupervised by an independent body! Send us your comments about Mmegi newspaper Search For Old Newspaper Editions To advertise contact us through email

 
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