DPP Prosecutors live under threat

All Prosecutors are currently provided with 24-hour security at both their residences and their work places and additional security measures are being explored to augment what is already in place.

Ronald Shamukuni, Minister of Justice revealed to Parliament on Tuesday that over the years, since the establishment of the office of the Director of Public Prosecutions (DPP), Prosecutors have reported to their respective supervisors about 26 incidents of assault on them whilst on duty.

Shamukuni said there are inherent security risks associated with the work that Prosecutors do and they continue to engage with stakeholders in the justice sector like the Judiciary, Botswana Police Service and the other Security Agencies to address these challenges that officers of the Court including Prosecutors continue to experience.

He was responding to a question by Member of Parliament for Maun East Goretetse Kekgonegile who asked him to apprise parliament on the working conditions of the DPP and intended improvements in relation to, Plans to provide 24-hour security to DPP Staff/Prosecutors considering the danger attached to their everyday work and continuous harassment and assault by suspects in the line of duty. Shamukuni said his Ministry is aware of the challenges faced by Prosecutors and will continue to engage with the relevant authorities to advocate for the improvement of the conditions of service for all lawyers in the employ of the Attorney General’s Chambers including Prosecutors.

Further that in terms of Section 51A (3) of the Constitution of Botswana, the DPP is the only authority mandated to prosecute all criminal matters.

However, the DPP has the power to delegate its authority to prosecute and it was through such delegation that the Botswana Police Service came to prosecute.

It is on account of the Constitution that the Director of Public Prosecutions commenced the takeover of Prosecutions from the Police.

Thus, the DPP has continued to decentralise prosecutorial service by opening regional offices and satellite offices in places where there are Magistrates’ Courts and High Courts.

To date the DPP operates in Gaborone, Francistown, Lobatse, Maun, Selibe Phikwe, Palapye, Kasane and Tsabong.

Consequently, the takeover project is part of a broader strategy to completely move prosecutorial functions to the DPP. Owing to resource constraints, the takeover of prosecution is being done in gradual phases, starting in areas where the DPP has established offices.

So far, the DPP has taken over prosecution in 31 out of 79 police stations. Considerable progress has been made in Selibe Phikwe and Francistown in so far as the project is concerned.

It is worthy to note, however that the takeover project has resulted in increased workload, an increased demand for more resources like vehicles as more travel is now involved and prosecutors are at times required to work overtime.

In 2019 prior to the commencement of the takeover project, the DPP requested and was granted 60 posts in order to increase its personnel with a view to enabling the DPP to have a sufficient number of prosecutors to efficiently and effectively deal with the workload that would come with the takeover project.

With time it has become obvious that there is need to increase the number of Prosecutors within the DPP and therefore there is need for more posts if we are to successfully complete the takeover project

The DPP has a total of 225 prosecutors. Currently the DPP has a total of 12 vacant positions and the filling of these vacant positions through promotions in line with applicable public service procedures is ongoing.

The Attorney General’s Chambers, under which the DPP falls, has three other specialised legal Divisions which have their own structures and positions.

The attrition rate at the other Divisions of the Attorney General’s Chambers is relatively high compared to that of the DPP and therefore lawyers at those Divisions tend to progress much faster than those at the DPP. In terms of

Section 51A of the Constitution, the DPP is subject to the administrative supervision of the Attorney General.

In this regard, there are ongoing engagements with the Administrative Head, the Attorney General, the minister said.

“It will therefore be inappropriate for me to engage the DPP Staff,” Shamukuni said.