Prosecutors' cries reach Parly
Innocent Selatlhwa | Monday August 14, 2023 06:00
The Member of Parliament for Maun East Goretetse Kekgonegile, on Monday raised crucial questions in Parliament regarding the well-being and protection of the DPP staff.
The questions posed by Kekgonegile to the Minister of Justice Ronald Shamukuni centred around several key areas. One of the primary concerns addressed was the security of the DPP staff and prosecutors, considering the inherent dangers of their roles and the continuous threats, harassment, and assaults they face from suspects.
In response to this, Shamukuni said all prosecutors are currently provided with 24-hour security at both their residences and workplaces. He further said the government is also exploring additional security measures to further enhance the safety of these essential legal professionals. Shamukuni said over the years, there have been 26 reported incidents of assaults on prosecutors while they were on duty.
Acknowledging the security risks they face, Shamukuni said the government is engaging with various justice sector stakeholders, including the judiciary, the Botswana Police Service, and other security agencies, to collectively address these challenges and ensure the safety of officers of the court, including prosecutors. Kekgonegile's questions also inquired about the measures taken by the Ministry to ensure prosecutors have a conducive working environment considering the risks and long hours associated with their work.
While specific details were not provided in the Parliamentary response, Shamukuni acknowledged the challenges faced by prosecutors and expressed their commitment to advocating improvements in the conditions of service for lawyers within the Attorney General's Chambers, which includes prosecutors. Significant attention was given to the ongoing takeover of prosecution functions by the DPP from the Botswana Police Service.
This move, according to Shamukuni, is part of a broader strategy to centralise prosecutorial functions under the DPP's jurisdiction. He said the director of the Directorate of Public Prosecutions has been actively establishing regional and satellite offices to facilitate this transition. However, the project has brought an increased workload and resource demands, requiring more staff and resources, including vehicles. Kekgonegile's questions also delved into the number of prosecutors and the ratio of promotional posts available for them.
Shamukuni said the DPP currently employs 225 prosecutors, and there are ongoing efforts to fill vacant positions through promotions. However, the attrition rate in other divisions of the Attorney General's Chambers is noted to be higher, resulting in quicker career progression for lawyers in those divisions compared to those at the DPP.
Regarding engagement with the DPP staff, the Minister pointed out that administrative supervision of the DPP falls under the Attorney General. He said ongoing engagements are taking place with the Administrative Head, making direct engagement with the DPP staff inappropriate. This publication had on August 4, 2023 published a story outlining lamentations of the said prosecutors. They have formally expressed their discontent and concerns about their treatment and working conditions through a complaint filed with AGC.
The prosecutors have outlined a series of grievances that include unfair treatment, inadequate safety measures, questionable promotions and appointments, lack of training opportunities, and an alleged "Takeover Project" that they believe is detrimental to their well-being. One of the major issues highlighted by the prosecutors is the perceived inequality in promotions within the AGC. They assert that officers deployed to the DPP since 2007 have faced stagnation in their career progression compared to their counterparts in other divisions of the AGC.
This disparity not only affects their job opportunities but also has implications for their welfare and pension benefits. The prosecutors claim that this discrepancy is exacerbated by the lack of transparency and accountability in the promotion process, with allegations of favouritism and subjective decision-making by the HR department. They point to instances where external candidates were appointed to higher positions without demonstrating specialised skills, raising suspicions of corruption.
Furthermore, the prosecutors expressed concerns about their safety while performing their duties. Several instances of prosecutors being assaulted by accused individuals in court premises have been reported, and yet little support or measures have been provided by the management. The prosecutors demand a risk allowance and personal security measures at their homes to address these safety concerns.
The lack of training opportunities is also a source of frustration for the prosecutors.
They lament that while their counterparts in other divisions of the AGC have access to advanced training and education, they are limited to in-house training facilitated by their superiors. This discrepancy in training opportunities hampers their professional growth and development.
The "Takeover Project" initiated by the DPP is another sore point for the prosecutors. They criticise the lack of communication and consultation with them regarding this project, which they believe is a form of restructuring that alters their conditions of service. They object to the expectation of working beyond stipulated hours without adequate compensation, describing it as a return to abolished practices of overwork. They call for the project to be rethought and restructured in collaboration with the employees of the DPP. In light of their grievances, the prosecutors demand an external audit of the HR department's recruitment and promotion processes within the AGC.
They also call for a halt to all interviews, recommendations, promotions, and recruitments across the AGC until their concerns are addressed. Additionally, they emphasise the need for transparency and fairness in promotions and appointments to ensure equitable treatment for all staff members.