Botswana's canon deficiency exposed

Victor Muyakwabo | Wednesday October 9, 2013 10:06

Bobo Molebatsi Zebe, who was arrested by agents of the Directorate of Intelligence Service on Independence Day, spent nearly a week in custody while authorities - including the Attorney Generals Chambers and the Directorate of Public Prosecutions - unsuccessfully scoured statute books for a suitable charge.

A source told Mmegi that the crux of the matter was that Botswana does not have an anti-terrorism law and must do with pieces of legislation that fall far too short of the gravity of terrorism offences.

Said the source: 'At some point, we thought of charging the suspect with alarming publication, but even that would have been insufficient.'

It was only on Thursday morning that investigating officers were advised to charge the suspect under the BOCRA Act 2012 (Botswana Communications Regulatory Authority). The prosecutor Modibedi Tladi confirmed as much when he asked the court to allow him to change the charge from common nuisance to improper use of telecommunications under Section 55 of the BOCRA Act.

An interview with the Minister of Defence, Justice and Security, Dikgakgamatso Seretse, yesterday revealed that an anti-terrorism bill would only be presented to Parliament in February next year.

'Because we have been a peaceful nation, there was no urgency to establish such a law,' Seretse said. 'But as it is, we have started attracting too much international attention.' Meanwhile, as terrorists strike with increasing derring-do around the world, countries have responded with tougher laws. Topping the list is the United States whose anti-terrorism laws have fuelled considerable controversy.

In the US, the laws make it clear that 'domestic terrorism' means acts dangerous to human life that are a violation of the criminal laws of the country.

Another example - which is almost equally controversial, though for different reasons - is neighbouring Zimbabwe where MDC treasurer and deputy minister designate in the defunct unity government, Roy Bennett, was charged with illegally possessing firearms for the purposes of trying to commit acts of insurgency, banditry and terrorism and violating the Immigration Act by trying to leave the country illegally.