The Presidential Commission of Inquiry into the Review of the Constitution says the conduct of the Directorate of Intelligence and Security (DIS) has negatively impacted the image of the country.

In its report to the President following countrywide consultations, the Commission has noted that this ‘bad image’ has the potential to affect foreign direct investment flow into the country.

The Commission stated that it has several concerns raised by society over the DIS. Amongst them is that the DIS has assumed the functions of other agencies such as the Botswana Police Service (BPS) and the Directorate on Corruption and Economic Crime (DCEC).

Furthermore, it was also noted that the agency interferes with the work of the Independent Electoral Commission (IEC). “It was contested that the DIS abuses its powers and interferes with the rights of citizens,” read the Commission’s report in part. According to the Commission, submissions were made that the DIS is unfriendly to Batswana and a proposal was made for its abolishment.

“Further submissions were made that the DIS compromises the integrity of Botswana due to its violation of human rights and disrespect for the rule of law,” reads the report. However, the Commission ignored calls for DIS’ abolishment but recommended that the agency should concentrate and focus on its mandate as provided for in the Intelligence and Security Services Act as anything to the contrary will expose government to unnecessary and costly litigation. The Commission also rejected the proposal that the DIS should be included in the Constitution as a disciplined force. The Commission noted that the functions of the DIS are defined in the Intelligence and Security Services Act and that they include national security. Ever since its establishment in 2008, there have been several complaints about the DIS, with the organ accused of human rights abuses, unlawful detentions, harassment of citizens as well as extra-judicial killings. The DIS has also been accused of meddling in affairs of the general elections and fuelling corruption in the country.

Many people are of the view that the DIS operates above the law without any oversight. In the recent past, some prominent figures like former president Ian Khama, former spy chief Isaac Kgosi, and Specially Elected Member of Parliament (MP) Unity Dow have complained about the DIS harassment and lack of oversight. Despite this, the Minister for State President, Kabo Morwaeng once told Parliament that the majority of people who complain about the DIS are mostly afraid of their own shadows.