Dow had requested the government to establish, as a matter of urgency, peace desks and assign officers at Magistrate Courts and police stations to facilitate and enable the use of Section 335 of the Criminal Procedure and Evidence Act as a quick, effective, and efficient procedure for the protection of victims of GBV.
Even though legislators rejected the motion stating that there are already similar existing tools in place, they shared the same sentiments with Dow that almost every week there are reports of women being attacked by their significant others. They said while men are attacked as well, women seem to be more on the receiving end hence more sensitisation is needed to tackle GBV.
They argued that what appears to be lacking was knowledge as the majority of people appear not to be aware of Section 335 of the Criminal Procedure and Evidence Act that allows them to report abuse wherever there is a peace desk officer or go straight to Magistrates court offices, report cases and demand immediate action.
MPs said there is a need for rollout awareness campaigns to sensitise the public, especially women who are usually victims of GBV that there is that provision and should not shy away from reporting any kind of violence perpetrated against them.
However, the MPs said peace desk officers could be availed in customary courts since they are available in every village and easily accessible, unlike limited Magistrates Courts.
Commenting, the Minister of Gender and Youth, Lesego Chombo conceded that GBV was a concern. But she said the proposed motion was already in place as there are currently peace desk officers receiving reports of violence in Magistrates Court giving an example of Village Magistrates Court saying it offers such services.
Moreover, she said police stations also have units dedicated to addressing GBV issues and what appears to be lacking is knowledge hence the need for more sensitisation on GBV. “What we need is public awareness, not another law. We do not want another law to enforce this provision which is why I am saying this proposed motion is already in place. The question is, do people know that they can go straight to Magistrates Court and report cases, and do peace desk officers being police officers, dedicated officers at Magistrates courts aware of this provision,” Chombo said.
For his part, the Minister of Justice and Correctional Services, Nelson Ramaotwana said research has revealed that the financial dependence of women on men and poverty fuel GBV sharing the same sentiments that there is a need to sensitise the public and encourage them to use Section 335 something that will also reduce the backlog of GBV cases in courts of law.
“I think there is a lack of awareness and implementation of this provision hence the need to start educating the public because using this Section 335 going straight to Magistrates Court to report cases of abuse is swift and justice is achievable within a short period unlike reporting cases to the police. The approach of this motion in terms of sensitising the public about this provision is perfect but we can use existing measures not coming with another law as the motion suggests,” Ramaotwana said. However, he said that the ministry has already started empowering and retooling the judiciary on GBV as information dissemination on this matter remains key.
Explaining what her motion entails, Dow said some bottlenecks in access to justice are the distance travelled to access courts, the procedure, and process to access courts, the intimidating posture of courts as people are afraid of courts, language used in courts.
Moreover, she said culture is also a challenge as it dictates women should be secretive with their issues hence the need to use Section 335 to simplify these processes. She said with Section 335 there is no need to report the matter to anyone when you are abused as it allows one to go straight to Magistrates Court and report.
“One can ask why not use the Domestic Violence Act but it has these challenges. Using it takes long unlike using Section 335 which allows people to report the matter straight to courts. This provision is going to tell us the scale of the problem because currently there are reports that we are the rape capital of the world. Botswana is well-known for peace but it is shocking that in a country respected for peace, its people continue to kill each other. How can we be a loving country but continue to kill or violate each other privately, where is the peace we are famous for, something should be done,” he said.
The MP for Nkange Constituency, Motlhaleemang Moalosi shared similar sentiments with Dow that it appears that Botswana is a country at war looking at excessive killings and high rape cases hence the need for a different approach to curb GBV.
Meanwhile, the Assistant Minister of State President, Mpho Mophuthing this week indicated that GBV continues to ravage the country, touching every corner of the nation and undermining the safety, health, and potential of countless individuals, particularly women and children. Responding to the State of the Nation Adress (SONA), she said GBV is without question, a national crisis that demands immediate and sustained action in Botswana. She added that it is a severe and pervasive issue, with statistics highlighting its widespread impact as approximately 67% of women in Botswana have experienced some form of GBV in their lifetime, and 37% experienced it in the preceding year.
Mophuthing said Intimate Partner Violence (IPV) alone affects 29% of women annually. However, she said only 1.2% of GBV cases are reported to the police, reflecting a significant gap in reporting due to stigma, fear, and systemic shortcomings. She added that Botswana also reports one of the world's highest incidences of rape, with 93 cases per 100,000 people likely underreported. Moreover, she said economic, social, and psychological toll due to GBV. "GBV strains public resources, including healthcare, legal, and social services, and results in loss of productivity for victims unable to work. In some cases, it perpetuates poverty by creating financial dependence on abusers," she said.
