The Directorate on Intelligence and Security (DIS) and the Law Society of Botswana (LSB) have locked horns over differences on the operations of the spy agency. While the LSB accuses the DIS of lording over other national security organs, the spy agency insists that it works closely with all agencies of law enforcement to ensure effective intelligence gathering and effective investigations.
Speaking at the opening of the Legal Year, Tshekiso accused the DIS of operating above the law and usurping the mandate of other security agencies.
“The DIS should not be allowed to assume the powers of the Police during criminal investigations or the DCEC during investigations on corruption. Neither should it usurp the powers of the PPADB when it comes to adjudication of tenders,” Tshekiso said.
It is even more concerning, he added, when the DISS assumes the constitutional powers of the DPP.
“The DIS continues to be the greatest threat to our democracy, as it has been since its establishment.”
In response to the LSB statement, DIS Director of Public Relations Edward Robert said the Society’s statement has potential to mislead the public about the spy agency’s functions and unnecessarily alarm the public.
He said the Intelligence and Security Service Act (2008), which established DIS, does not empower it to usurp the powers of the Police, DCEC and DPP.
“All these agencies were established by different and independent Acts. The reality is that the DIS cooperates and works closely with all agencies of law enforcement and other government institutions. This is not only standard practice but necessary as it results in efficient strategic communication, shrewd usage of the already limited resources, effective intelligence gathering and sharing, as well as effective investigations and prosecution,” he said.
He assured the public that DIS will always conduct its affairs according to its establishing Act, and within the confines of the laws of Botswana.
The LSB also took the opportunity to criticize the government over the Criminal Procedure & Evidence (Controlled Investigations) Bill.
The Society said recommendations made by FATF did not compel Botswana to promulgate laws that could erode its sovereignty and offend the national Constitution.
“The Bill tabled by Minister Mmusi requires that the he goes back to the drawing board to re-think as it criminalizes the disclosure of information, but fails to state who is entitled to approach the Courts for an order to compel the disclosure. This appears to proscribe the release of information even to those aggrieved by the abuse of the provisions of the Bill. Such a law is not desirable in a Constitutional democracy like Botswana.”
The Society also expressed concerns that the Bill empowers investigating officers to exceed their authority by submitting evidence that they obtained outside the mandate of the Court. Further, the Bill allows the Minister to usurp the role of the Courts and investigating authorities by retaining records and information for any purpose and period of his choosing.
“The Minister is a political operative and should have no role at all in the use or retention of information obtained during criminal investigations,” LSB said.
