Question: Tawana Moremi
Asked the Minister of Defence, Justice and Security to state the rationale for the discontinuation of state action on the loss of life of the following persons shot by Law Enforcement Agencies
Edison Mark Gumbo- Inquest Docket closed 29-01-2010
Tshepo Molefe- Inquest Docket closed 22-01-2008
Response: Inquest Dockets from Botswana Police Service in respect of the two deceased persons were studied and closed by the Director of Public Prosecutions (DPP), on 5th August 2009 and on the 29th January 2010 respectively.
In respect of Edison Mark Gumbo the DPP directed that the Inquest Docket be closed, as there was no evidence pointing to the commission of a crime or omission by the police officers. With respect to Tshepo Molefe the DPP advised that no further action be taken in the matter.
This meant that members of the police service could not be held criminally responsible for the death of the deceased persons.
It should be noted that the decision to prosecute or not to prosecute or to exercise any powers stipulated under Section 51 of the Constitution is within the exclusive discretion of the DPP. When exercising those powers as set out in the Constitution the DPP is not subject to the direction or control of any other person or authority.
The discretion that the DPP is vested with is exercised in good faith and in the interest of the public.
In deciding whether the interests of the public would be best served by instituting proceedings in a particular case the DPP takes into account a number of factors, amongst such factors being the question of whether there is sufficient evidence warranting institution of such proceedings.
Moreover in deciding not to institute proceedings in a given case the DPP does not need to seek or obtain anybody’s consent nor does the DPP have to give reasons for deciding not to institute such proceedings.
Therefore the decision to close the docket of the two was arrived at after thorough consideration by the DPP and in exercise of the powers vested by the Constitution of Botswana.
Question: Dithapelo Keorapetse
Asked the Minister for Presidential Affairs and Public Administration to update the house on the drafting and presentation to Parliament of the Declaration of Assets and Liabilities Bill.
Response: The title of the proposed Bill is the Declaration of Assets and not Declaration of Assets and Liabilities.
Instructions to draft the Bill were forwarded to the Attorney General’s Chambers in 2014 and the Bill is still at drafting stage. The delay in finalising the bill was due to among other things, policy change after benchmarking experiences in Mauritius and Romania undertaken in July 2014 that have similar legislation.
Question: Tawana Moremi
Asked the Minister of Minerals, Energy and Water Resources to account for the grime found in potable water in Maun.
Response: I am aware of the high turbidity found in the water from the Sedie Treatment Plant, which supplies part of Maun. Our initial assessment is that there is need to refurbish and upgrade the plant. Water Utilities Corporation is currently identifying alternative sources of water to supply the residents in order for the plant to be shut down for refurbishment.
It is expected that a mobile treatment plant will be deployed during the month of May 2015 to allow for the switch off of the current treatment plant in Sedie for refurbishment.
Question (Dithapelo Keorapetse)
Asked the Minister of Trade and Industry to update the house on the 2011 Citizen Entrepreneurial Development Agency (CEDA) Forensic Report and state if the report will be made public, if not to state reasons and what action has been taken regarding the implementation of the recommendations arising from the report.
Response: I wish to inform the house that investigations by the Directorate on Economic Crime and Corruption have been concluded and no further action is required, as allegations of criminality have been substantiated. The Ministry does not see the worth in making the report public. Meanwhile, the Citizen Entrepreneurial Development Agency has put in place policies relating to whistle blowing and corruption prevention. The CEDA Board has instituted administrative arrangements and continues to monitor the issues raised by the report to ensure non-occurrence.
These included among others: implementation of Public Procurement and Assets Disposal Board (PPADB) requirements into internal policies for example, confirmation of funds, types of contract, evaluation methods, de-briefing of bidders, verification that all policies have been duly escalated and approved by the Board.