Makgophe’s detention condemned
Pini Bothoko | Monday March 28, 2022 06:00
Videos of DIS convoy recently circulated across social media platforms with government vehicles transporting the police commissioner to police headquarters to search for files containing licences of weapons of war Makgophe allegedly granted to the former President Ian Khama.
Mmegi quizzed a public administration and management lecturer, Adam Mfundisi on what Makgophe’s detention means to the status of the BPS and how this could affect the service’s image, international recognition and his relationship with his juniors.
Mfundisi said the detention of the top cop in Botswana is unfortunate and calls into question the constitutional and legal mandate of the DIS and other law enforcement agencies.
He stated that the cooperation of the security agency with the police service in fighting soaring serious crimes need not be overemphasized.
“It is vital for the top brass of both organisations to maintain effective communication with transparency. The security agency and law enforcement authorities will continuously converge in their mandates to fight crime particularly cross border and organised crimes. But, it is bad security for the DIS to target the top police officer in the matter it did instead of doing that in an ethical and accountable fashion,” Mfundisi said.
He questioned why the DIS leadership did not arrange a meeting with the police commissioner and iron out teething issues pertaining to security matters.
He also questioned the reason for choosing to detain Makgophe under the guise of investigating some crimes bordering on national security. He further stated that one could wonder if the law does allow DIS to undertake investigative functions instead of intelligence gathering, analysis, and dissemination to high authorities for public policy making.
“The actions of the DIS have called into question the ethical and accountability of the police service more so on the top leadership of the service. It has damaged the relationship between the security agency and the BPS. The commissioner is no ordinary cop, but the head of the police service with extensive law enforcement experience. To embarrass him in front of his subordinates for supposing breach of his oath of office to abide, defend and protect the Constitution damages the integrity of the office and organisation,” he said.
Furthermore, he added that the image of the BPS has been dented irreparably by the actions of the DIS. Mfundisi said the BPS has had the confidence and trust of majority of the people of Botswana and the world and was recently crowned the best police organisation in Africa.
However, he said the detention is likely to be an erosion of public trust and confidence in the service with serious ramifications for law enforcement in Botswana. Mfundisi challenged the DIS to live by the rules of criminal procedure.
“The DIS actions and decisions are a threat to our democracy and the rule of Law. The mandate of the DIS must be explicitly defined to help it operate within a legal remit. Secrecy, deception, and hypocrisy displayed by the DIS in the execution of its statutory functions are worrisome to many citizens in Botswana. The DIS maintains the freedom of action and avoids accountability,” he said.
He disclosed that since its inception there have been perceptions that the DIS acts with impunity and immunity to detain, torture, and renditions on opponents of the ruling regime. Mfundisi added that the operatives of the DIS are immune from scrutiny and accountability partially because there is no Parliamentary oversight over its operations.
“The DIS Act notoriously introduced an executive oversight masquerading as a Parliamentary body. The opposition parties in Parliament rejected the executive appointed committee and advocated for a purely legislative oversight committee to independently and transparently control, monitor, and evaluate the functions of the security agency,” he said.
He said the detention and questioning of the police commissioner has resulted in the image of the service, its integrity and status being degraded on serious allegations of breach of oath of office and committing serious misdemeanors.
Moreover, he said the public confidence and trust in the BPS will be eroded due to this unfortunate act and decision by the DIS and the cooperation, collaboration, and communication between the two outfits will drastically be affected.
“The President should intervene and call the DIS to order. There are better ways to deal with matters of this sensitivity. Moreover, DIS should keep out of politics and partisan politics to enhance its integrity and accountability. Politics should not influence the actions and decisions of the DIS. It should not violate the dichotomy between politics and intelligence,” he said.
Mfundisi called on the DIS to maintain the highest standard of professionalism on its intelligence gathering, analysis, and sharing of information. He said these should not be an executive tool to fight political battles.