Kokorwe, who is also the Deputy Speaker of the National Assembly, told Monitor that she feels there is need for such legislation to address the escalating domestic violence in Botswana.
Kokorwe is hopeful that her male colleagues will support the impending Bill. "I am sure other MPs would support us if we lobby them," she said. She has already spoken to women MPs and is counting on their support.
She has indicated that she will not be standing in the next general election, so she hopes to table the Bill before she retires as an MP.
However, she said, the Bill would not be a personal victory for herself, adding that she initiated it with women's non-government organisations (NGOs) and was still consulting with them. "It is not my baby. Actually it is the brain-child of women's organisations," she said.
Kokorwe said she would be holding the last meeting with the relevant stakeholders like women's groups next week. "I am still open to contributions."
She said if the stakeholders give her the go-ahead, she would have the Bill gazetted. As a private Bill, she would have to pay for publishing the proposed legislation in the Government Gazette. Kokorwe said if the NGOs raised objections, she may have to stall tabling the Bill, which she has been reviewing as it is still in draft form.
However, she said certain issues have been left out from the original format.
The former city clerk for the Gaborone City Council (GCC) explained that when the Bill was taken to the Attorney General's Chambers, it was watered down. She said this was due to the fact that there are certain aspects that could not be raised by a private member's Bill especially issues that would have to be covered at government expense.
One of the issues struck out is in regard to the training of counsellors and rehabilitation. Kokorwe said she has been advised that she could not raise such issues in a private member's Bill.
She said the issue of marital rape was also left out because it was not compatible with the Penal Code.
However, she feels that all is not lost even though other items have been left out. she said the proposed law could still be amended in the long run to incorporate all those components that have been left out.
Kokorwe said she started working on the proposed Bill in the 90s with the Meethaetsile Women group, which was established by Unity Dow, before she became a High Court judge.
In 1999, Kokorwe tabled a motion to get permission in Parliament to table the Bill in accordance with parliamentary Standing Orders.
She said her motion was supported by other MPs like the late Maitshwarelo Dabutha.
However, after the 1999 general election, Kokorwe was appointed an assistant Minister and as a member of the Cabinet she could not table a private member's Bill.
She said she tried to sell the Bill to the government but was told that it was going to take time since they were working on other proposed legislations.
After the 2004 general election, Kokorwe decided to revisit the Bill as she was no longer in the Cabinet.
Part One of the proposed Bill contains preliminary provision. Section Three gives the courts jurisdiction to hear a matter under the proposed law. Section Four provides for applications to be brought outside ordinary court hours and days. All the proceedings under the proposed legislation shall be heard as civil cases between the parties and in camera.
Part II makes provision with regard to orders. Section Seven provides for application for an order while Section Eight provides for consideration of an application.
Section Nine spells out conditions under which the court may issue an interim order and what it might contain. The subsequent sections define restraining order, occupation order and tenancy order respectively. Section 13 provides for the validity of the order while Section 14 provides for variation and revocation of an order.
The last part deals with general provision and makes provisions for a third party interest in property subject to an order, effects of order on interest on property, use of furniture and personal effects.
According to the Bill, a person who contravenes an order shall be guilty and is liable to a fine not exceeding P5,000 or to imprisonment for a term not exceeding two years or to both.
