Opposition politicians and some civil society activists have always doubted and complained about the true independence of the country’s oversight institutions.
At a time that we had expected government to seriously look at the misgivings held by this quarter, government has swiftly slapped us in the face by placing the Directorate on Corruption and Economic Crime (DCEC) as well as the Directorate of Intelligence and Security (DIS) under the apex the Ministry of Presidential Affairs and Public Administration.
The two bodies have been removed from the ambit of the Ministry of Defence, Justice and Security and will now report to the Minister of Presidential Affairs and Public Administration, Mokgweetsi Masisi.
Government has not advanced the reasons for relocating the two departments to the Office of the President. The reasons underlying the move remain a closely guarded government secret as of now.
Unless and until government spells out publicly the reasons that informed the decision to relocate the two departments from the previous ministry to the Office of the President, the public would no doubt be inclined to read malice in the move.
It would not be far-fetched to assume that the relocation is intended to compromise the independence of these two important national public institutions.
The assumptions are reinforced by recent reports that the DCEC has been investigating some senior officials at the DIS.
Government has not refuted the reports, thus lending them credence.
The relocation has incidentally coincided with the investigation reports.
To many people, a perception has been created that some cover up is being orchestrated at the highest office in the land (Office of the President) to conceal any information surrounding the investigation.
This is not helpful given the allegations that a businessman linked to the investigations has mysteriously died. The information that the businessman had is now irretrievably buried in his grave.
It suffices to note that these two bodies which have now been relocated to the Office of the President were enacted by acts of parliament.
As we have maintained before, oversight institutions are not established at the behest of the ruling party and its president.
They are established to serve the country and its people, without fear or favour.
Any move that creates public perception that these institutions are not truly independent runs contrary to the country’s democratic ideals. And that should never be the case.
We must grow and nurture our democracy instead of repressing it. However, when the executive takes decisions that smack of interference with the independence of these institutions, we must be concerned. This is exactly why we are concerned with the current relocation of these bodies from their erstwhile ministry.
Not long ago, Lobatse Member of Parliament, Nehemiah Modubule, proposed in his contribution to the debate on the committee of supply for the Office of the Ombudsman that appointments of heads of oversight institutions should be made by parliament following advertisements in the media.
We entirely agreed with the legislator’s proposal owing to the important roles played by these institutions, especially on governance issues.
We argued that parliament, as an oversight body, should never be sidelined on issues of national importance. Our position in that regard remains unchanged.
It was and is still our conviction that appointments of the heads of these institutions must be done in a transparent manner that is commensurate with their importance.
We decried the current scheme of things in which the appointments were done under a cloud of secrecy, adding that the institutions ought to be headed by people of impeccable integrity.
It is our contention that while all the ministries and their ministers report directly to the Office of the President, the same should not be the case with oversight institutions.
These institutions have to be seen to be independent in all fronts. The appropriate authority to which they should therefore report should be Parliament and not the Office of the President.
Once these institutions report directly to parliament, any misgivings that their independence is compromised will be completely erased.
That would further instill public confidence in the institutions and enhance their integrity and credibility in the eyes of the society.
