Tougher drug law amendments before Parliament
TSAONE BASIMANEBOTLHE | Monday August 18, 2025 06:00
The Assistant Minister for State President, Maipelo Mophuting, presented the Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2025, outlining a series of clauses aimed at tightening the law and expanding the reach of law enforcement. The Bill introduces new definitions and offences, including the possession of cannabis for non-medicinal or non-research purposes.
Mophuting said, “it also empowers drug enforcement officers to search premises at any time, arrest suspects, and use firearms when necessary. On surveillance, the Bill allows interception of communications with a magistrate’s warrant, but in urgent cases, the head of an investigatory authority can approve immediate interception.”
It further criminalises the disclosure of protected information, and sets requirements for service providers when assisting investigations.
Beyond policing, clause 11 expands the Drug Enforcement Agency’s role to include rehabilitation and reintegration services for drug users and victims of drug use, as well as alternative sentencing options. The Bill also introduces the new structures such as the Drug Control Board and Appeals Board are also proposed, alongside disciplinary provisions for officials.
Mophuting also said the amendments will strengthen the fight against illicit drugs while supporting rehabilitation, before moving for the Bill to be read a second time.
She clarified to MPs that if one is found with 60 grams dagga, it is still an offence and one will be arrested. It is punishable by a fine of P10 thousand but one is not taken to prison.
“This context of the law does not say 60 grams is allowed,” she emphasised. When commenting on the Bill, Member of Parliament for Maun East, Goretetse Kekgonegile said continuous urgent bill presentations deny Members of Parliament (MPs) and the public effective contributions to the Bills and results in uninformed debates, just as it was the acse in Botswana Democratic Party (BDP) era.
Furthermore, he said the assertion by MP David Tshere that Narcotics Squad was an operation and not a unit within Police Services is wrong.
“Hence I emphasise that drugs have negative impact in our society and it's corrective measures must be a priority. That could be helped by the Drug Enforcement Agency (DEA) Act and upgrade agency from Unit to an independent agency with higher authority. The introduction of no jail for those in possession of 60grams and below is a bad scenario which will extremely promote marijuana use amongst youth,” he said.
In that regard, Kekgonegile said though the intention is to go after drug lords and sellers that should not be done at the expense of users who are not selling. He, however, said 60 grams is too high to be allowed for a high habit forming drug which will lead into transfer for the use of harder drugs.
He said the Botswana Congress Party (BCP) calls for reduction of 60 grams and also want government to intensify public education and rehabilitation programs given massive social ills likely to emerge as a consequence of this bill. In addition, he said Psycho-social agencies such as S&CD and other NGOs need to be strengthened to deal with the coming repercussions.
Moreover, he said BCP also calls for intensive security in schools against drug trading in and around schools. Meanwhile the MP for Frncistown West Ignatius Moswaane said; “I am representing the Christian community, therefore I cannot be seen supporting the use of drugs and I believe this will increase the intake of drugs. I therefore believe that 60 grams is high.”
However the Bill states that if one is reasonably suspected to have committed an offence in terms of subsection (2A), a notice in a form as may be prescribed, charging the person the fine in relation to the offence within 21 days after receipt of the notice. It further states that if a person fails to pay a fine, such person shall be subjected to any other alternative to imprisonment as may be prescribed.