Stakeholders welcome calls for independent DPP
Stakeholders in Botswana’s democracy have backed the Attorney General’s call for the Directorate of Public Prosecutions’ (DPP) independence.
An arm of the AG’s Chambers, ever since its establishment two decades ago, cries for the DPP’s autonomy from political influence have been a constant backdrop.
These shouts have grown to a crescendo in recent years, following several high-profile criminal cases that many people deemed ‘politically motivated’ and a clear sign of abuse of power against political opponents.
Suggesting the change was long overdue, speaking at the official opening of the legal year last week, the AG, Dick Bayford said, “The power to prosecute significantly impacts liberty, reputation, and public confidence in the State.
“Thus, it is imperative to insulate prosecutorial decision-making from improper influence while maintaining accountability. Such a reform will strengthen and enhance justice. The DPP’s autonomy, with statutory safeguards and transparent accountability, would enhance professional independence and coordination with other justice sector institutions. The DPP cannot be seen as renting a chair under the Attorney General’s authority!”
Bayford added the State must litigate with ‘restraint and candour’.
His words brought hope to individuals and civil societies alike, including the Public Accounts Committee (PAC).
The committee’s Chairman, Taolo Lucas described the talk as ‘more than welcome’.
“The DPP must have not only legal independence, but functional, financial and operational independence. At PAC both the DPP and AG wanted separation and believe they were both happy to hear the AG who under the current dispensation acts more or less as a senior partner in the relationship calling for separation and independence. The call by the AG is not new and we can only hope that real, concrete and decisive actions are taken to actualize the call,” said Lucas.
The Bobonong legislator is confident an independent DPP would ensure efficiency and effectiveness in its discharge of prosecutorial duties.
Similarly, BOFEPUSU Secretary General, Robert Rabasimane believes an independent DPP will prosecute only when it has evidence, and not because of political influence from members of the Executive.
“This is huge in sensitive cases involving senior government officials, politically exposed persons, state-linked entities. It protects prosecutions from being quietly stopped or delayed,” he explained.
Rabasimane reasoned that if the AG controls the DPP there is likelihood of conflict of interest since the government will be advising itself.
“The benefits [of autonomy] include enhanced public trust in the justice system, as there will be no perceived protection of some powerful individuals. Even if I’m politically connected, the DPP can still come after me. An independent DPP acts as a legal brake when authority is abused. This is especially important in a system where the Executive is already strong,” he said.
