* Warns of civil strife if attempts are made to rig elections
The leader of the Umbrella for Democratic Change (UDC) Duma Boko has criticised the Directorate of Intelligence Services (DIS) for being a rouge institution that does not follow the law nor its own Act that it is founded upon.
Boko said that according to the constitution of Botswana, every person has the right to life, liberty, security of the person and equal protection of the law. He explained that there are conditions under which a person can be arrested all of which must constitute reasonable suspicion.
Boko said that it is illegal to arrest someone outside the jurisdiction of the law, as an individual can defend their freedom and even use force to defend themselves. Section 7 of the constitution prohibits subjecting any person to inhumane or degrading punishment or treatment and the constitution makes provision for protection of one’s property.
Moreover, people are constitutionally allowed to disseminate information regardless of whether or not the news offends someone or not. Boko explained that the DIS is a creature of statute hence its powers are within the context of the law.
He noted that the DIS’s role is detecting and identifying any person who is a threat or potential threat to national security and that the DIS exists to deal with investigating espionage against the nation of Botswana and her people.
Section 5 (2) of the DISS Act states that the Directorate shall not, in the performance of its functions, be influenced by considerations not relevant to such functions and no act shall be performed that could give rise to any reasonable suspicion that the Directorate is concerned in furthering, protecting or undermining the interests of any particular section of the population or of any political party or other organisations in Botswana. It also indicates that DISS is not above the Botswana Police force and or the DCEC.
He said that the police force is the one given the power to investigate crime in the nation and they can conduct arrests under the confines of the law. Therefore, it is a blatant abuse of power for the DIS to arrest people unlawfully channelling a lot of resources to arresting individuals who do not pose any national threat.
In one instance, the DIS used 17 vehicles to go and arrest an unarmed woman in Tonota. Boko said they do so to send terror to the masses at the cost of government resources. In the same breath Boko gave credit to the Botswana Police Service who do not squander public funds and who do not terrorise people.
Boko revealed that the DIS can only make arrests for offences under the DIS Act. Their main job is to find intelligence that they can relay to other organisations such as the Botswana Police so that cases may be built and taken
to the courts of law.
Arresting someone because they are suspected of doing something wrong with no evidence is a dangerous misconception of the law. “You do not arrest to investigate, you investigate and upon the evidence stacking up you then make arrests,” Boko said, adding that what is being done by the DIS where people are being arrested without any tangible evidence is a violation of the constitution.
If the DIS makes arrests without any reasonable doubt, then people will eventually get arrested for anything that is not worth being arrested for. Impersonating the DIS staff, influencing DIS staff members, and trying to persuade DIS officials are all offences under the DIS Act which they can arrest people for, he lectured. Further, DIS agents can be arrested for leaking confidential information from within the security service.
Boko explained that those arrested by the DIS under reasonable suspicion should be taken to the police for further investigations. The DIS does not follow the chain of custody and they disregard proper evidence handling channels.
He noted that the DIS many a times takes people’s properties and then hands it back as if they have the right to do so, thus creating a platform of anti-trust over the DIS by the people because it terrorises the citizenry.
Boko said that the people of Botswana end up paying for the carelessness of the DIS as people sue the security service for millions of Pula. He emphasised the importance of knowing one's rights so that they can stand against the injustices brought about by the DIS.
Moreover, he said that Batswana do not trust the Independent Electoral Commission (IEC) as it has no credibility along with the DIS who trample upon the rights of the masses without any remorse. He added that if the blatant abuse and violation continues, the people will arise to defend themselves.
According to the UDC president, who is also the president of the Botswana National Front, UDC has decided to inveigh against the abuse of human rights in Botswana. They believe that by doing so they can push these rouge entities to better themselves.
He said under the rulership of the UDC, these human rights abuses will not exist as they understand the importance of upholding people's rights and they will seek answers for those whose rights have been abused by the current regime. He noted that Madibelatlhopo was birthed by this frustration as the rights of voters have been trampled upon time and time again.
He said that everyone who is patriotic defends the integrity of voters in the nation and everyone has a constitutional obligation to ensure that the Constitution is followed to the letter. He is confident that they will oust the Botswana Democratic Party (BDP) by being vigilant in the upcoming elections.
On Saturday August 5, the training will be held in the North West region of the country and on August 6, in Ghanzi. He said that this is important because the IEC is not an independent body thus they are susceptible to being controlled.
His plea to the nation is to arm themselves with the knowledge of the constitution and to ensure that Botswana does not slip into becoming a state that tramples on the rights of the people.
“If there will be any remote attempts to rig the elections there will be chaos and there will be civil strife because the people are tired,” Boko warned, adding that any efforts to cheat will cause people to fight for their freedom.
Boko said that according to the constitution of Botswana, every person has the right to life, liberty, security of the person and equal protection of the law. He explained that there are conditions under which a person can be arrested all of which must constitute reasonable suspicion.
Boko said that it is illegal to arrest someone outside the jurisdiction of the law, as an individual can defend their freedom and even use force to defend themselves. Section 7 of the constitution prohibits subjecting any person to inhumane or degrading punishment or treatment and the constitution makes provision for protection of one’s property.
Moreover, people are constitutionally allowed to disseminate information regardless of whether or not the news offends someone or not. Boko explained that the DIS is a creature of statute hence its powers are within the context of the law.
He noted that the DIS’s role is detecting and identifying any person who is a threat or potential threat to national security and that the DIS exists to deal with investigating espionage against the nation of Botswana and her people.
Section 5 (2) of the DISS Act states that the Directorate shall not, in the performance of its functions, be influenced by considerations not relevant to such functions and no act shall be performed that could give rise to any reasonable suspicion that the Directorate is concerned in furthering, protecting or undermining the interests of any particular section of the population or of any political party or other organisations in Botswana. It also indicates that DISS is not above the Botswana Police force and or the DCEC.
He said that the police force is the one given the power to investigate crime in the nation and they can conduct arrests under the confines of the law. Therefore, it is a blatant abuse of power for the DIS to arrest people unlawfully channelling a lot of resources to arresting individuals who do not pose any national threat.
In one instance, the DIS used 17 vehicles to go and arrest an unarmed woman in Tonota. Boko said they do so to send terror to the masses at the cost of government resources. In the same breath Boko gave credit to the Botswana Police Service who do not squander public funds and who do not terrorise people.
Boko revealed that the DIS can only make arrests for offences under the DIS Act. Their main job is to find intelligence that they can relay to other organisations such as the Botswana Police so that cases may be built and taken
to the courts of law.
Arresting someone because they are suspected of doing something wrong with no evidence is a dangerous misconception of the law. “You do not arrest to investigate, you investigate and upon the evidence stacking up you then make arrests,” Boko said, adding that what is being done by the DIS where people are being arrested without any tangible evidence is a violation of the constitution.
If the DIS makes arrests without any reasonable doubt, then people will eventually get arrested for anything that is not worth being arrested for. Impersonating the DIS staff, influencing DIS staff members, and trying to persuade DIS officials are all offences under the DIS Act which they can arrest people for, he lectured. Further, DIS agents can be arrested for leaking confidential information from within the security service.
Boko explained that those arrested by the DIS under reasonable suspicion should be taken to the police for further investigations. The DIS does not follow the chain of custody and they disregard proper evidence handling channels.
He noted that the DIS many a times takes people’s properties and then hands it back as if they have the right to do so, thus creating a platform of anti-trust over the DIS by the people because it terrorises the citizenry.
Boko said that the people of Botswana end up paying for the carelessness of the DIS as people sue the security service for millions of Pula. He emphasised the importance of knowing one's rights so that they can stand against the injustices brought about by the DIS.
Moreover, he said that Batswana do not trust the Independent Electoral Commission (IEC) as it has no credibility along with the DIS who trample upon the rights of the masses without any remorse. He added that if the blatant abuse and violation continues, the people will arise to defend themselves.
According to the UDC president, who is also the president of the Botswana National Front, UDC has decided to inveigh against the abuse of human rights in Botswana. They believe that by doing so they can push these rouge entities to better themselves.
He said under the rulership of the UDC, these human rights abuses will not exist as they understand the importance of upholding people's rights and they will seek answers for those whose rights have been abused by the current regime. He noted that Madibelatlhopo was birthed by this frustration as the rights of voters have been trampled upon time and time again.
He said that everyone who is patriotic defends the integrity of voters in the nation and everyone has a constitutional obligation to ensure that the Constitution is followed to the letter. He is confident that they will oust the Botswana Democratic Party (BDP) by being vigilant in the upcoming elections.
On Saturday August 5, the training will be held in the North West region of the country and on August 6, in Ghanzi. He said that this is important because the IEC is not an independent body thus they are susceptible to being controlled.
His plea to the nation is to arm themselves with the knowledge of the constitution and to ensure that Botswana does not slip into becoming a state that tramples on the rights of the people.
“If there will be any remote attempts to rig the elections there will be chaos and there will be civil strife because the people are tired,” Boko warned, adding that any efforts to cheat will cause people to fight for their freedom.
