Intelligence and Security Services Bill to Be Passed Without the Voice of the Opposition in Botswana.

31 August 2007

A coalition of Botswana Civil society organisations that include the Media Institute of Southern Africa (MISA) Botswana , the Ditshwanelo-Centre for Human Rights and the Botswana Council of Non-Governmental Organisations (BOCONGO) have expressed disappointment following the refusal of the ruling party members of parliament to grant the opposition members a postponement of the discussion and voting on amendments to the Intelligence and Security Services Bill.

In their statement the NGOs question the commitment of the ruling party members to an effective and functioning democracy. The statement comes after the opposition have severed their participation in the bill after their walkout from parliament when the postponement was rejected.

�Refusal to support the call for deferment did not appear to be based on a responsible appreciation of the gravity of the matter before parliament. Consequently, many of the proposed amendments before parliament have not been considered and the bill will be passed without full parliamentary participation.� Read the statement, adding that the fundamental function of Parliament has been seriously compromised.

BACKGROUND

The government is fast tracking an Intelligence and Security Services Bill No. 23 which has already passed two readings and is currently on the third and final committee stage. It is at this stage that Parliament is expected to bring in amendments to the bill before it is pronounced as a law.

However, many observers, including MISA Botswana have expressed concern on the lack of oversight provisions for the bill. In a statement released on March 27, 2007 MISA Botswana said:

�What is of grave concern is that, despite obvious and clear weakness regarding oversight provisions for this bill which the Minister of Justice has publicly acknowledged, he still has pushed for the bill to go through Parliament without addressing those shortcomings. This is really a travesty of Justice by those tasked with overseeing the adherence to democratic principles.� Read the statement

This bill eventually attracted a record number of amendments notices from members across the political spectrum, which was however not debated in the previous parliamentary sitting.

When parliament resumed on July 23, 2007, expectations were that the amendments were going to be debated, However the minister responsible for the portfolio promised to address an all party caucus to discuss the bill in light of further new notices of amendments that he had brought in. However the minister later cancelled the address and promised to call it at a later date. This is where the latest stalemate came from as members of opposition were denied the opportunity to go and consult with the minister prior to the debate, an opportunity which was given to the ruling party members. Members of the opposition have therefore severed links with Bill and vowed not to participate until its conclusion.

MISA POSITION

MISA Botswana finds the latest development worrisome as a sizeable and legitimate constituency has been denied the right to express its misgivings about the Bill. Worse still, the general public have not been addressed by the relevant minister as is usually the case with such national issues.

The rejection by the ruling MPs to grant fellow parliamentarians a chance to discuss new developments of the Bill is tantamount to abuse of majority right. Freedom of expression is entitled to every citizen regardless of status or numerity.

What further concerns MISA Botswana is the pronouncement on national radio by Minister Skelemani to the effect that as cabinet they had already rejected the amendments from the opposition members, even before they were debated in parliament. The irony of the matter is that after refusing the opposition additional time to study the amendment brought to parliament because it was said to be urgent, it is alleged by the opposition that the debate was later suspended to allow Minister Skelemani to attend an agricultural show in Zambia.

Ends

Source: MISA