Justice Ministry to review legislations
Larona Makhaiza | Monday May 22, 2023 06:00
As the new ministry plans to undergo a review process of the legislation, the key legislations that it will be looking to review in this current financial year are the Bail legislation, the Deputy Sheriffs legislation and the Penal Code (Cap 08:01).
Addressing a press conference at the Botswana Digital and Innovation Hub on Tuesday this week, the Minister of Justice, Machana Shamukuni revealed that his ministry is already making great strides in reviewing legislations.
“My ministry continues to make progress on the status of legislations being drafted and this includes the Bail legislation,” Minister Shamukuni said. Shamukuni indicated that in the review of the Bail legislation, Cabinet has authorised an ‘Act’ to regulate bail.
Additionally, Shamukuni said further consultations will be undertaken to address the critical issues as well as solutions that enable the adoption of the implementation should it be adopted.
Asked to comment on why the ministry saw it as a need to review the ‘Bail legislation’, Shamukuni together with his permanent secretary Naledi Moroka revealed that the ministry has a big problem with repeat offenders that always get bail.
“The review of bail has always been long overdue, there are many repeating offenders that always get bail here and there and this thing is really a worrisome situation that we want to change,” Moroka said. Furthermore Moroka said the new Bail legislation will make it hard for serious offenders, people that have committed crimes like rape and murder to get bail. “We have seen that the public is sometimes not pleased with some of the bail applications that offenders have such as murder and rape accused,” she said.
On the review of the Deputy Sheriffs legislation, Shamukuni indicated that the Deputy Sheriffs, whose responsibility is to serve summons, petitions, applications and writs of arrest, do not have any commandment specifically for them. “Currently there is no legislation regulating these Court Officers and over the years, there has been widespread concern and increasing public outcry on their operations and conduct,” the minister said. Shamukuni stated that his ministry will be in urgent mood to see the review of Deputy Sheriffs legislation through so that the public unrest is put to rest.
Meanwhile, for the Penal Code review, Shamukuni elucidated that the Anti Human Trafficking Bill of 2022 is to be presented to the Cabinet. “The Bill is to be put before Parliament after circulation for comments from relevant stakeholders,” Shamukuni said. The minister indicated that The Anti Human Trafficking Act of 2014 gives effect to the United Nations (UN) protocol to prevent, suppress, and punish trafficking in persons.
“It provides for the prohibition, prevention and combating of human trafficking and also provides for measures to protect and assist victims of trafficking in persons,” the minister explained. In addition, the minister said the new bill addresses deficiencies in the 2014 Act. “The 2014 Act has deficiencies, as for instance, it allows for fines in lieu of imprisonment which is contrary to international best practice,” he said.