Rape and murder cases jeopardised by tamperable Forensic Kits
The integrity of Botswana’s justice system is now under unprecedented scrutiny as fresh allegations emerge that crime-scene evidence kits used by the Botswana Police Service can be opened, tampered with, retaped and resealed without detection, rendering the country’s chain-of-custody system effectively meaningless.
What should be the backbone of criminal justice has turned out, according to insiders, to be nothing more than a fragile illusion—an illusion that may have already compromised rape cases, murder trials, and thousands of ongoing investigations. Anonymous sources within the forensic environment describe the kits as “retapable stationery” rather than secure forensic containers, alleging that the so-called tamper-evident seals are nothing but stickers that can be lifted, resealed with ordinary tape, or swapped entirely without leaving a mark.
One long-serving officer went as far as calling them “a joke that has been running for years,” insisting that even junior staff are aware of how easily evidence can be interfered with. If this is true, the consequences are catastrophic. The judicial system depends on the unbroken, unquestionable integrity of physical evidence. Yet insiders claim that the evidence kits used by BPS not only fail to protect the exhibits but may actually enable manipulation.
According to a forensic technician who spoke anonymously, “You can open a BPS kit, take whatever you want, put something else back inside, and close it again. Nobody would ever know. The tamper protection is theatre, not security.”
This is especially devastating in rape and sexual assault cases, where biological samples from semen swabs to blood traces are often the deciding factor in identifying perpetrators.
Survivors undergo invasive examinations, believing their evidence will be preserved with utmost care, but if the kits can be opened and retaped, their trauma may be in vain.
“If the seals can be bypassed, then the evidence collected from rape victims is at risk of contamination or substitution,” said a nurse familiar with the handling process.
“That means rapists could walk free because evidence was interfered with. Or worse, an innocent man could go to prison because something was planted. This is a national tragedy hiding in plain sight.”
Sources argue that murder cases stand on equally unstable ground. Weapons, clothing fibres, fingerprints, electronic devices—every exhibit must travel through a flawless chain of custody. But if the kits can be breached, every murder case becomes suspect. A senior criminal lawyer, shaken by the allegations, warned that “every single murder trial in this country that relied on these seals is now vulnerable to legal challenge. If the chain of custody cannot be trusted, the whole courtroom collapses.” “Judges may soon find themselves questioning whether exhibits presented in their courts have any evidentiary value at all.”
The chain of custody, which should be a sacred, unbreakable system, now appears to be hinged on nothing more than the hope that nobody tampered with the kits- because, according to those inside the system, tampering leaves no trace.
Even more disturbing are reports from insiders suggesting that the weaknesses in the kits may not be accidental, but intentional. One source described the kits as “designed with loopholes inside the loopholes,” implying that they may have been chosen precisely because tampering is difficult to detect.
The implications are staggering. If evidence in rape cases can be reopened and retested, then countless survivors may be denied justice. If murder weapons can be swapped or contaminated, then convictions become unstable.
If narcotics or electronics seized in criminal cases can mysteriously disappear or reappear, then corruption becomes almost impossible to prove or disprove. The source added, “The justice system cannot function under these conditions. It cannot convict. It cannot acquit. It cannot protect the innocent or punish the guilty. It becomes a theatre performance—one where the props can be changed backstage at any moment.
The Botswana Police Service must confront this crisis with transparency, not silence. They must display the kits publicly. They must demonstrate the tamper-evident features.”
“They must allow independent forensic auditors to inspect every step of the evidence-handling chain. If the system is secure, they should have nothing to fear. But if it is not secure, then Botswana is already in the middle of the largest forensic scandal in its history.
And until the truth is laid bare, every rape survivor, every murder victim’s family, every accused person, and every citizen of this country will be forced to confront the same chilling question: How many cases were decided by evidence that anyone could have opened, altered, or erased?”
Botswana Police Service Commissioner Dinah Marathe has expressed confidence in their systems. She said her officers follow due process.
“There is no instance where evidence is contaminated by our officers. We have never been at fault. We have different labs across the country. If there is anyone who knows something, please come to us,” Marathe said, adding that, as the police, they are compelled to allow victims and accused persons to bring their own certified professionals for a second opinion if they are not satisfied.
According to the commissioner, Batswana are allowed to test the police systems by engaging their own experts. She contended that, as the police, they have never handled a compromised case.
‘Evidence collection, preservation and presentation follow a lawful process contained in our law. Our processes have been subjected to the courts in the past, currently and constantly, and we have never been at fault in terms of our processes.
But we are open to listening to Batswana. Maybe it happens unnoticed, we are humans also- we cannot say it would not happen, but talk to us,” the Police in response to the claims.