9th September 2020
Own Correspondent
A coalition of 30 Non-Governmental Organizations(NGO’s), providing services for children across the Country through education related services targeting children with special needs; Psycho-Social Support; Rehabilitation; Advocacy; as well as shelter and alternative care for children in need of protection have expressed dismay at reluctance of Members of Parliament(MP) to suspend Poison Majaga.
Polson Majaga’s continued participation in the current Parliament, despite him being criminally charged with the defilement of a minor, is stirring a hornest nest and is showing a shocking indifference by sitting MP’s to combating the rising incidence of the abuse of children.
“Child Sexual Abuse is a cancer that is eating away at the moral fiber of our country. Its prevalence is a serious indictment on our ability as a country to effectively protect our children; when looked at from the view point of the maturity of our democracy as well as the general stability of our country. The clarion call we are making today, is for Parliament to take its rightful leadership role in ensuring the protection of our children by facilitating the recusal of Polson Majaga from the business of the national assembly until his case has been concluded,” said Dr Kesitegile Gobotswang, Sefhare/Ramokgonami Member of Parliament (MP).
In May 2020, Nata-Gweta Member of Parliament was arrested and charged with defilement of a now 16 year old girl who is also reportedly pregnant. When Parliament resumed its sitting during the 2020 winter session, Polson Majaga was part of the house, receiving considerable time in the National Assembly that is broadcast on national television and on radio.
He is a free Member of the House, free to debate and engage on any matter brought before the house, including matters concerning gender based violence and child sexual exploitation.
“This is a clear case of conflict of interest within the highest level of the country’s governance. Surely a Judicial Officer cannot be allowed to preside over any criminal case when they themselves have been criminally charged. In fact, quiet recently in the case of Justice Garekwe, Justice Busang, Justice Dingake, and Justice Letsididi when they were recently investigated, they were suspended from carrying out any of their official duties for the duration of the investigation on their conduct,” said Gobotswang.
He said, “This is a clear standard that when public officials at the level of the country’s governance find themselves in the wrong side of not only the law, but maladministration as well should be held at. There is no reason why the Legislature, as one of the three arms of Government should be held at a lower
Majaga participation in the business of the National Assembly compromises the integrity of the house as well as the integrity of the criminal justice process that he is currently a subject of. We give credit to the Botswana Democratic Party, the party under whose ticket Polson Majaga came to Parliament for their prompt action of suspending the member from the Party for 60 days as well as the consequent extension of the suspension. But that is not enough.
“The action by his party is symbolic of the need to disassociate in order to protect the integrity of the party. We posit that this is even much more needed for the national assembly, as the supreme law making and oversight institution. The action by the party should be mirrored by action from the National Assembly, as a demonstration of the seriousness that the house considers issues of Gender Based Violence and Child Sexual Exploitation with,” said Gobotswang.
The legislator requested Parliament to take cognizance of child sexual abuse as a serious public health and social matter that requires attention of our highest law making institution. It is a call to recognize that at the height of sexual exploitation is power relations between the perpetrator and the victim. In this instance, the accused is not only powerful in the context of the alleged offence, but wields considerable influence and authority over his constituents and service providers in the constituency. Our call is for Parliament to play its role in not only sending a message of absolute disdain for exploitation of
Integrity is an integral component of the National Assembly. Power is a complex psycho-social notion, which impacts politics distinctively. A political science perspective considers power in the ways power is distributed in various political systems, looking, for example at the distinctive branches of government (judiciary, executive and the legislative), and how each yields the power it holds.
It is on this basis that it is submitted that Gobotswang argued passionately that Majaga’s continued presence and participation (on national television and radio) in the current parliamentary sitting, while his matter is before the Court, is an unwanted, and perhaps even problematic exercise of power. It has the potential to exert intimidation over the victim, her family, her community and to effectively bring her disrepute, and likely, and in many other cases where other perpetrators are involved, it has the potential of intimidating her into silence.
“This exercise of power as a Member of Parliament, by Hon. Polson Majaga, further has the potential to exert intimidation on both the investigating officers, prosecutors, and the judicial officer currently overseeing the matter. This could likely compromise the present case, and influence the ways in which other cases are handled and concluded. In mature and more developed jurisdictions, a Member accused of such a serious offence would potentially have resigned,” said Gobotswang.
The coalition of children advocacy groups in Botswana therefore asked Parliament to do all in its power to protect its integrity by encouraging Polson Majaga to take leave of absence until his defilement case is concluded to protect the integrity of the house and the criminal justice process.
It also called for the codifying of a standard conduct of behaviour by Members and ensure statutory suspension of all Members that are criminally charged with exploitation of children and commission of gender based violence.
“We also expect parliament to develop code of conduct directing behavior of MP’s. If an MP is involved in criminal activity we do not expect business as susual. They are saying standing orders do not address issue,” said Motshwari Kitso, Chairperson of Botswana Child Rights Network.
He said, “We expect that he would have been suspended pending the completion of the investigation into his conduct. We have a sitting MP who is in court today and tomorrow he is back in Parliament.”
Kitso maintained that from a moral point of view they expect MP’s to suspend Majaga, so he should step aside and to develop a code of conduct. We are disappointed with reaction of MP’s to petition at a time when sexual abuse of minors is on the increase. These MP’s are clowns.”
“Parliament is supreme lawmaking body which is held in high esteem. Our expectation is conduct of MP’s should be exemplary,” said Kitso.
