Many questions were raised about whether it is business as usual at the intelligence agency since the tri-party coalition took over government from the Botswana Democratic Party (BDP) in November last year. Minister for State President Moeti Mohwasa told Parliament recently that the DIS is currently under review by the government for purposes of addressing its accountability and oversight challenges. He added it is expected that the review will indeed result in the amendment of the Intelligence and Security Service (ISS) Act of 2007 where the DIS’ operational autonomy, its accountability and oversight mechanisms including the Parliamentary Committee will be empowered. “Government intends to involve and lobby all the relevant stakeholders in addressing challenges at the DIS with the view that this process will culminate in a new intelligence and national security paradigm and doctrine, and ultimately a new national security culture that will have human rights at its core,” Mohwasa further revealed.
It was recently revealed that government will increase the budget estimate for the security organ by P233 million, further fuelling doubts that the UDC had backtracked on its election promises. “This overhaul will entail a reconfiguration of the intelligence oversight role by a legislative committee to focus on several key tenets, including a mechanism to verify whether the intelligence community is fulfilling its mandate and reflects policy or vision,” the UDC stated in its manifesto. In their pillar two on democracy, governance, and security, the UDC, amongst others, promised to revise governance institutions like the DIS to establish a truly democratic, free, and secure nation for all to participate and fully enjoy their rights and freedoms. But now Mohwasa has revealed in detail that he is aware that the DIS has been labelled as rogue and that it lacks oversight. As he disclosed DIS’ supposed oversight mechanisms, he said one of the various important oversight mechanisms available to the DIS is the Parliamentary Committee on Intelligence and Security established under Sections 38 to 40 of the ISS Act.
“I believe that this committee is known to this Parliament as it has been the subject of controversy over the years. “You will remember that the UDC, together with the Botswana Congress Party (BCP), have over the years raised issues regarding the operational autonomy of the DIS and that the committee has previously failed to be constituted, owing to our complaints regarding executive influence in operations and functioning of the directorate," he added. Mohwasa also indicated that he intends to approach the Leader of Opposition, Dumelang Saleshando with the view to start the conversation on how they "can make the Parliamentary Committee functional and effective given its important oversight role over the intelligence function". The minister stated he hopes that their conversation will bear fruit and contribute to solutions over concerns involving the DIS.
Mohwasa also said he was aware of all the court judgments in which the conduct of the DIS had been called into question, particularly its power excesses and areas where the courts have found that it had overstepped its mandate as established by the ISS Act of 2007. “As government, we believe the judgments in question are important as they have helped grow intelligence and national security jurisprudence. We believe that these judgments will help improve the discourse on and the public’s understanding of the intelligence function and national security issues,” the minister said. “The courts remain a necessary and important oversight mechanism in our democracy, and can only be praised for their handling of cases involving the DIS. This proves that no individual or government institution is above the law,” he added. Mohwasa was responding to a question from Tswapong South legislator Dr Kesitegile Gobotswang. The Member of Parliament had asked amongst others if it is permissible for the Director-General (DG) of DIS to make political statements in the public sphere.
In response, Mohwasa clarified that any officer of the DIS, including the Director-General, is prohibited under Section 16 of the ISS Act from engaging in political activities. The minister pointed out that he wasn't aware of any incident in which the Director-General made public comments that were political or partisan. “Where that has happened, I would be happy to receive the complaint to try and address the issue. It should however be noted that, part of the functions of the DIS include ensuring the country’s political security. Section 5 (iii) of the ISS Act empowers the DIS to take steps to protect the security interests of Botswana whether political, military, or economic. “Unless otherwise misconstrued, the Director-General is allowed to make comments regarding unclassified incidents involving Botswana’s political security when asked as it is part of what he accounts for as head of the organisation,” Mohwasa emphasised.
