Domestic violence was the reason behind 70 percent of the 735 divorce cases filed in the year 2019, the government has claimed. Domestic violence was alleged as a ground for 511 of all the divorce cases. Speaking in Parliament last week the Minister of Defence, Justice and Security Kagiso Mmusi said there were 440 cases registered under the Domestic Violence Act in 2019 in various Magistrates Courts across Botswana.
Mmusi was responding to a question by Specially Elected Member of Parliament Unity Dow who wanted to know what percentage of cases brought under the Domestic Violence Act were concluded where both interim and final orders were issued within 30 days during the year 2019.Dow wanted to know the percentage of cases that were a result of domestic violence as defined by the Domestic Violence Act. The former Foreign Affairs Minister also wanted to know the average duration of divorce proceedings and the structural reforms the Justice Minister considers necessary to curb the increased incidences of Gender Based Violence.“
The total number of cases where both interim and final orders were issued, that were registered under the Domestic Violence Act in various Magistrate Courts across the country in 2019 is 440. Out of this, 298 cases were completed within 30 days, thus making it a completion rate of 68 per cent,” Mmusi responded.
He told Parliament that where all pre-trial formalities have been complied with, the average duration of divorce proceedings for defended cases is 12 months and for undefended cases is three months. He said it was difficult to come up with strategies to curb the increase in cases of Gender Based Violence because his Ministry only deals with cases once they have already been committed.
“The police, prosecutors and the courts only deal with Gender Based Violence after it has happened. However, we have not left our intervention and we do engage in proactive and preventative measures,” said Mmusi.
“It is in this respect that it is necessary to establish components and/or units in the key departments and ministries that deal with GBV cases. In my ministry, the Botswana Police Service, the Directorate of Public Prosecutions (DPP) and Administration of Justice (AoJ) have already established specialized structures within their respective departments to deal with GBV,” he said.
Mmusi said in terms of expedited investigations, prosecutions and adjudications of GBV crime, his ministry has the portfolio responsibility to ensure that the necessary legislative framework is in place to enhance efforts to address crime. “In addition, the penal code is currently being amended to enhance penalties.”
The Minister also alluded to the Sex Offenders’ Register Bill 2020 which was published on the 16th of September 2020 saying it will also contribute to addressing incidences of GBV. President Mokgweetsi Masisi also made reference to the bill earlier in the week during his State of the Nation Address. “The prevalence of Gender Based Violence (GBV), especially violence against women and children, who are the most vulnerable to this crime, is of serious concern for all of us. Government has therefore prioritized drafting of a Sexual Offenders Bill to be tabled during this sitting of Parliament,” Masisi told the nation on Monday.
The Bill is set to establish a Sex Offenders’ Registry to record and publicize names and particulars of all persons convicted of sexual offences.Masisi said 12 districts had already set up the District Gender Committees. “These committees will promote gender equality and women’s empowerment, as well as address gender-based violence. I am delighted to announce that, subsequent to my address to the nation on Gender Based Violence in September 2020, the Botswana Police has taken swift action and introduced a Toll-Free number for reports on gender-based violence.” the President said.
The Police will also establish a Gender and Child Protection Unit by April 2021. “Government is currently putting in place appropriate structures to strengthen its response towards GBV.”
