MP calls for punitive measures for hard drugs' dealers
Member of Parliament for Nkange, Motlhaleemang Moalosi, has called for new punitive measures, including a minimum custodial sentence of 100 years and a maximum of life imprisonment for drug lords and dealers convicted of offences involving hard drugs (expressly excluding cannabis).
In a proposed Bill called the Hard Drugs Bill, the objective is to ensure maximum deterrence while aligning with Botswana's constitutional and international obligations.
In his report for engagement on the Bill, Moalosi stated that Botswana, traditionally regarded as one of the most stable democracies in Africa, faces an urgent and intensifying threat posed by hard drugs and the networks that traffic and distribute them.
He posited that despite a robust legal and regulatory framework including the Drugs and Related Substances Act, 1992, and the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 2018-enforcement challenges, evolving international drug routes, and a worrying escalation in domestic drug-related crime have made a compelling case for recalibrating the nation's approach, particularly regarding major offenders: drug lords and high-level dealers in 'hard drugs'.
According to Moalosi, the Hard Drugs Bill represents an assertive legislative step in Botswana’s ongoing battle against hard drug networks, focusing on the incapacitation of the highest-tier offenders.
“However, to maintain constitutional integrity, international legitimacy, and justice, the Bill must balance extremely severe penal provisions with judicial discretion in exceptional cases, procedural safeguards for fair trial and humane treatment, and a rigorous framework for non-cannabis exclusion.
The ultimate success of the Hard Drugs Bill will depend not only on its passage in Parliament but on sustained investment in Botswana’s criminal justice infrastructure and commitment to upholding legal and ethical standards in enforcement,” said Moalosi, who is a Botswana Congress Party (BCP) MP.
The MP pointed out that the efficacy and legitimacy of the Hard Drugs Bill will depend on deep public engagement, parliamentary debate, and transparent communication regarding the exclusion of cannabis, the rationale for lengthy sentences, and the balance between public order and individual rights.
He highlighted that lessons from previous commissions and international best practice underscore the importance of ongoing legal and social review after implementation.
According to the proposed Bill, no provision of this Act shall apply to cannabis or any offence involving cannabis, except where cannabis is trafficked in association with a hard drug in such a manner as to constitute an inseparable part of the criminal conduct constituting the primary offence.
It stated that any person who attempts to commit, conspires to commit, aids, abets, counsels, arranges, or is otherwise involved as a significant participant in the commission of an offence under Section 3 shall be liable to the same minimum and maximum penalties as set out in Section 4, subject to any mitigation only under the safety valve provision of Section 4(3).
“Without limiting existing powers under any other law, law enforcement agencies shall have the authority to:(a) Investigate, arrest without warrant, search, and seize assets, property, records, or documents reasonably suspected to be associated with the commission of any offence under this Act; (b) Cooperate and share intelligence with appropriate international authorities in accordance with Botswana’s international obligations. (2) Provisions for pre-trial detention, evidentiary preservation, and asset freezing shall apply as in the principal Acts unless inconsistent with this Act,” the Bill reads.