DIS described as an antithesis of democracy
Leader of Opposition, Dithapelo Keorapetse says parliament has not been able to subject the Directorate of Intelligence Services (DIS) to effective and accountable oversight procedures since the agency was established 15 years ago.
Keorapetse said that the Umbrella for Democratic Change (UDC) suggests that the President urgently sets up a commission of enquiry, chaired by a judge, sitting in public, whose report shall be published, to investigate the nature, veracity and extent of allegations of unlawful and unethical conduct of the DIS.
The commission of enquiry should include investigating corruption, economic crimes, mismanagement, overstepping of mandate, meddling in procurement and violation of human rights amongst other things.
Keorapetse said that the DIS Act should be reviewed and the Standing Orders should be reformed to create a Parliamentary Committee on Intelligence, which should be like the PAC, chaired by an opposition MP and appointed by the Committee of Selection.
He added that the President must order the DIS to comply with all Court Orders and stop meddling in tenders and its interference with other law enforcement agencies.
The Tribunal must be resourced under the DIS Act to establish a fully-fledged secretariat with a toll free number, he said, further suggesting that the DIS must be removed from any role in the general elections or by-elections.
Keorapetse, who is also Member of Parliament for Selibe Phikwe West further explained that parliament has tried with its internal systems of committees, questions, themes, bills, motions, debates and special public enquiries to effectively keep DIS within the confines of the rule of law and the working of a healthy democracy.
However, he laments that the DIS continues to operate outside the law and has become an antithesis of democracy even though it is a creature of statute and its powers, duties and responsibilities are delineated in an Act of Parliament, the Directorate of Intelligence and Security Service Act 16 of 2007, which commenced in 2008.
Keorapetse characterised the DIS as a rouge agency, which in the last five years has detained politicians, journalists and Members of Parliament such as former Finance minister, Dr Thapelo Matsheka and even former President Ian Khama has not escaped persecution from the DIS.
Keorapetse said that these arrests and harassment are being done even though section 5 (2) of the DIS Act states that the DIS shall not be influenced by considerations not relevant to its functions and may also not perform an act that could give rise to any reasonable suspicion that it is concerned in furthering, protecting or undermining the interest of any particular section of the population or of any political party or other organisation in Botswana.
Reiterating his discomfort with the organisation's involvement in tender matters, the LOO complained that the DIS uses its security clearance function to meddle in government procurement. Keorapetse stated that tenders are given to the companies that they choose without looking at the financial ramifications to the government coffers.
“A company was paid P100 million plus after it was elbowed out of a water project tender for frivolous claims that it was a threat to national security,” Keorapetse said, adding that the company that was given the tender took over the project with higher costs.