Directorate of Intelligence and Security (ss 4-24)
[Ch2302s4]4. Establishment and composition of Directorate
(1) There is established, under the Office of the
President, a Directorate to be known as the Directorate of Intelligence and
(2) The Directorate shall comprise-
Deputy Director General;
other officers and support staff as are referred to in section 10.
[Ch2302s5]5. Functions of Directorate
(1) Subject to subsection (3), the functions of
the Directorate are to-
gather, coordinate, evaluate, correlate, interpret, disseminate and store
information, whether inside or outside Botswana, for the purposes of-
and identifying any threat or potential threat to national security,
the President and the Government of any threat or potential threat to national
steps to protect the security interests of Botswana whether political, military
ministerial intelligence at the request of any Government ministry, department
or agency and, without delay, to evaluate and transmit as appropriate to that
ministry, department or agency, such intelligence and any other intelligence at
the disposal of the Directorate which constitutes ministerial intelligence;
in cooperation with any Government ministry, department or agency entrusted
with any aspect of the maintenance of national security, the flow of intelligence
and security, and the coordination between the Directorate and that ministry,
department or agency of functions relating to such intelligence;
Government, public bodies and statutory bodies on the protection of vital
installations and classified documents;
out security vetting investigations for the security clearance of persons who
have or may have access to any sensitive or classified information;
recommendations to the President in connection with-
concerning intelligence and security,
and security priorities, and
measures in Government ministries, departments or agencies;
personal protection to the former President, the former President’s immediate
family, the President, the President’s immediate family, the Vice President,
the Vice President’s immediate family, visiting dignitaries and such other
persons as the President may determine; and
to any other written law, perform such other duties and functions as may, from
time to time, be determined by the President to be in the national interest.
(2) 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 organisation in Botswana.
(3) Subsection (1) shall not be construed as-
from any power, duty or function conferred upon or entrusted to any person or
authority other than the Directorate by or under any other written law;
the continuation, establishment or functions of an intelligence capability
connected to any Government ministry, department or agency in respect of any
function relating to ministerial intelligence; or
from any duty or function of any body or committee instituted by the President.
[Ch2302s6]6. Director General
(1) There shall be a Director General who shall be
appointed by the President on such terms and conditions as the President may,
on the recommendation of the Council, determine.
(2) The Director General shall be responsible for
the direction, control, administration and expenditure of the Directorate.
[Ch2302s7]7. Powers and functions of Director General
Without prejudice to section 6, the Director
(a) be the
principal advisor to the President and the Government on matters relating to
national security and intelligence;
to the President and the Government on threats and potential threats to
consultation with the President and the Government, ensure that a good
relationship is established and maintained between the Directorate and every
Government ministry, department or agency and any other institution approved by
(d) take all
reasonable steps to ensure that the actions of the Directorate are limited to
those necessary for the proper performance of its functions under this Act or
any other written law and that no information is gathered by the Directorate
except as may be necessary for the proper performance of its functions; and
(e) as far
as is reasonably practicable, take steps to ensure that intelligence collection
methods, sources of information and the identity of the members of staff of the
Directorate are protected from unauthorised disclosure.
[Ch2302s8]8. Divisions of Directorate and directors
(1) There shall be an Internal Intelligence
Division of the Directorate which shall be responsible for gathering domestic
intelligence in the execution of the functions of the Directorate under this
(2) There shall be an External Intelligence
Division of the Directorate which shall be responsible for gathering-
intelligence and counter intelligence including information otherwise
on political, economic, sociological and technical aspects of foreign
intelligence affecting national security; and
in relation to organised crime.
(3) There shall be such other divisions of the
Directorate as may be necessary for the proper performance of the functions of
the Directorate under this Act.
(4) Each of the divisions of the Directorate shall
be headed by a director who shall be the administrative head of the division,
and shall, subject to the control and directions of the Director General, be
responsible for the efficient management, administration and control of the
[Ch2302s9]9. Personal protection officers
(1) There shall be personal protection officers
who shall protect -
President and the Vice President, and their immediate families, and former
Presidents and their spouses:
the case of a spouse of a former President, protection shall terminate upon his
or her divorce from, or death of, the former President, and
the death of a President occur whilst in office or within one year after
leaving the office, the spouse shall receive protection for one year from the
time of such death;
heads of foreign states or foreign governments; and
distinguished foreign visitors to Botswana and senior Government officials when
the President directs that such protection be provided.
(2) Notwithstanding anything to the contrary
contained in any other law, intelligence and personal protection officers may
carry and use such firearms as may be prescribed and may, in the course of
their duties, use such arms in circumstances where the use of the arms is
necessary and reasonably justifiable.
[Ch2302s10]10. Officers and support staff
There shall be such officers and support staff as
the Director General may consider necessary for the proper and efficient
discharge of the functions of the Directorate.
[Ch2302s11]11. Powers and functions of officers and support staff
The officers and support staff may exercise such
powers and shall perform such functions as are conferred upon them by or under
this Act or any other written law and shall, in the performance of their
functions, obey all lawful directions which they may from time to time receive
from any person having the authority to give such directions.
The Director General, the Deputy Director General,
every officer and support staff on being appointed to the Directorate shall,
before assuming the duties of his or her office, make and subscribe to the
oaths or affirmations prescribed in the Schedule-
(a) in the
case of the Director General, before the President; and
(b) in the
case of the Deputy Director General, every other officer and support staff,
before the Director General.
[Ch2302s13]13. Certificate of identity and appointment
The Director General shall cause to be issued to the
Deputy Director General and every officer and support staff on appointment, a
certificate of identity and appointment in such form as the Director General
may prescribe which certificate shall be prima facie evidence of such
appointment for the purposes of this Act.
[Ch2302s14]14. Scheme of Service of Directorate
The Director General shall prescribe a scheme of
service of the Directorate setting out the terms and conditions for the
appointment of the officers and support staff which scheme of service shall
resignations and termination of appointments of officers and support staff;
of salaries and allowances of officers and support staff; and
designation and grades of officers and support staff.
[Ch2302s15]15. Disciplinary code
(1) The Director General shall issue and maintain
a disciplinary code for the Directorate which disciplinary code shall provide
investigation, hearing and determination of disciplinary offences and the
hearing of any appeals; and
delegation, by the Director General, to officers and support staff, of such
disciplinary powers as he or she may consider appropriate.
(2) The disciplinary code shall provide for the
following disciplinary penalties or any combination thereof-
from the Directorate;
in rank or grade;
from duty for a specified period;
(including severe reprimand);
of the cost or part thereof in respect of any loss or damage to the property of
the Directorate caused by the default or negligence of any officer or support
staff subject to disciplinary proceedings where such recovery has not been
effected through any other Government procedure.
[Ch2302s16]16. Conduct of officers and support staff
(1) An officer or support staff shall not-
in the activities of any political party or act as an agent of such party; or
(b) in the
performance of his or her functions or the exercise of his or her powers under
any person to torture or to any other cruel, inhuman or degrading treatment; or
or search any private premises except with a warrant issued pursuant to section
(2) An officer or support staff who contravenes
the provisions of subsection (1) shall be guilty of an offence.
[Ch2302s17]17. Prohibition of false representations as to association with
A person who, without the prior written approval
of the Director General, in connection with any activity carried on by him or
her takes, assumes, uses or in any manner publishes any name, description,
title or symbol which is calculated, or is likely to lead other persons to
believe or infer that such activity is carried on under or by virtue of the
provisions of this Act or under the patronage of the Directorate, shall be
guilty of an offence.
[Ch2302s18]18. Offences in connection with officers and support staff
A person who-
being a member of staff of the Directorate, by words, conduct or demeanour
falsely represents himself or herself to be such a member of staff;
or attempts to exercise undue influence over a member of staff of the
Directorate which is calculated to prevent such member of staff from carrying
out his or her duties or encouraging him or her to perform any act which is in
conflict with his or her duties; or
(c) is an
accomplice to the commission of any act whereby any lawful order given to any
officer or support staff or any regulation or directive or other rule may be
shall be guilty of an offence.
[Ch2302s19]19. Prohibition of disclosure of identity
A person who discloses the identity of another
person which he or she has obtained or to which he or she has had access by
performance of his or her duties or functions under this Act; or
(b) his or
her position as a person who holds or has held any office in the Directorate,
and from which the identity of any person who-
or was a confidential source of information to the Directorate, or
or was an officer or support staff engaged in covert operational activities of
can be inferred, and who discloses such information to any person other
than a person to whom he or she is authorised to disclose it or to whom it may
lawfully be disclosed, shall be guilty of an offence.
[Ch2302s20]20. Prohibition of unauthorised disclosure of information
(1) Without prejudice to any other written law, an
officer or support staff shall not disclose or use any information gained by
him or her by virtue of his or her employment otherwise than in the strict
course of his or her official duties or with the authority of the Director
(2) No officer or support staff shall be required
to produce, before any public body other than a Parliamentary Committee
established under the Standing Orders of the National Assembly, any document or
other evidence where-
(a) it is
certified by the Director General-
the document or other evidence belongs to a class of documents or evidence, the
production of which is injurious to public interest, or
disclosure of the evidence or of the contents of the document will be injurious
to public interest; or
Central Intelligence Committee certifies-
the document or other evidence belongs to a class the production of which is
prejudicial to national security, or
disclosure of the evidence or of the contents of the document will be
prejudicial to national security.
(3) A person aggrieved by a decision of the Director
General or the Central Intelligence Committee may apply to the High Court for
determination whether the production, or the disclosure of the contents, of the
document or other evidence would be injurious to the public interest or, as the
case may be, prejudicial to national security.
(4) A person who, by warrant, is authorised to
obtain or seize any information, material, record, document or thing or any
other source material or is requested to give any information, material,
record, document or thing or any other source material or to make the services
of other persons available to the Directorate shall not disclose the warrant,
or disclose or use any information gained by or conveyed to him or her when
acting pursuant to the warrant, otherwise than as authorised by the warrant or
by the Director General.
(5) A person who acquires knowledge of any
information knowing that it was gained as a result of any warrant or seizure in
accordance with such warrant shall not disclose that information otherwise than
in the course of his or her duties.
(6) A person who contravenes any of the provisions
of this section shall be guilty of an offence.
[Ch2302s21]21. Powers of arrest
(1) An officer or support staff authorised in that
behalf by the Director General may, without warrant, arrest a person if he or
she reasonably suspects that that person has committed or is about to commit an
offence referred to in this Act.
(2) Where, during an investigation by an officer
or support staff, of a suspected offence, another offence is disclosed, the
officer or support staff may, without warrant, arrest a person if he or she
reasonably suspects that such person is guilty of that other offence, and he or
she reasonably suspects that such other offence was connected with, or that
either directly or indirectly its commission was facilitated by, the suspected
(3) An officer or support staff may-
such force as is reasonable in the circumstances in effecting an arrest under
this section; and
(b) for the
purpose of effecting an arrest, enter and search any premises or place if he or
she has reason to believe that there is in the premises or place a person who
is to be arrested.
(4) An officer or support staff shall not enter
any premises or place under subsection (3) unless the officer or support staff
has first stated that he or she is an officer or support staff and the purpose
for which he or she seeks entry and produced his or her identity card to any
person requesting its production.
(5) On compliance with the provisions of
subsection (4), the officer or support staff may enter the premises or place by
force, if necessary.
(6) Where an officer or any support staff has
arrested a person under this section, he or she may-
that person and the premises or place in which that person was arrested;
and detain anything which such officer or support staff has reason to believe
to be, or to contain, evidence of any of the offences referred to in this Act.
(7) A person referred to in subsection (6) shall
only be searched by a person of the same sex.
(8) An officer or support staff shall, as soon as
is reasonably practicable, take a person arrested under this section to a
police station to be dealt with in accordance with the provisions of the Cap. 08:02
Criminal Procedure and Evidence Act.
(9) An officer or support staff who takes a person
arrested under this section to the police station in terms of subsection (8)
shall, at the same time that he or she takes that person, also hand over, to
the police, anything seized in terms of subsection (6) (b).
[Ch2302s22]22. Powers of entry, search and seizure
(1) Where the Director General believes, on
reasonable grounds, that a warrant under this section is required to enable the
Directorate to investigate any threat to national security or to perform any of
its functions under this Act, the Director General shall apply to a senior
magistrate or a judge of the High Court for a warrant in accordance with this
(2) If the magistrate or judge to whom an
application is made under subsection (1) is satisfied that there are reasonable
grounds for suspecting that there is in the premises, place, vessel, boat,
aircraft or other vehicle anything which is or contains evidence of the
commission of any of the offences referred to in this Act, he or she may by
warrant direct the Director General, or any officer or support staff authorised
by the Director General under this Act, to enter and search such premises,
place, vessel, boat, aircraft or other vehicle and seize and detain anything
which the Director General, or the officer or support staff authorised by the
Director General, has reason to believe is or contains evidence of any of the
offences referred to in this Act.
(3) Whenever the Director General, or an officer
or support staff authorised by him or her under this Act, has reasonable cause
to believe that there is in any premises, place, vessel, boat, aircraft or
other vehicle any article or document-
is evidence of the commission of an offence referred to in this Act;
respect of which an offence has been, is being, or is about to be committed
under this Act;
being conveyed, or is concealed or contained in any package in the premises,
place, vessel, boat, aircraft or other vehicle, for the purpose of being
then and in any such case, if the Director General, or the officer or
support staff authorised by him or her under this Act considers that the
special exigencies of the case so require, he or she may without a warrant
enter the premises, place, vessel, boat, aircraft or other vehicle, and search,
seize and detain such article, document or package.
(4) The court mentioned in subsection (1) may, on
application made by the Director General or an officer or support staff
authorised by him or her to do so, issue a warrant under this section
authorising the taking of such action as may be specified in the warrant in
respect of anything so specified if the court considers it necessary for that
action to be taken in order to obtain information which-
likely to be of substantial value to the Directorate in the discharge of its
be reasonably obtained through other means:
Provided that in the event the Directorate
wishes to conduct an investigation of a personal or intrusive nature such as
searches or interception of postal mail, electronic mail, computer or telephonic
communications, the Director General or an officer or support staff authorised
by him or her shall show cause to a court of Senior Magistrate or above or a
Judge of the High Court and obtain an order in a secret hearing.
(5) In the exercise of the powers of search,
seizure and detention under this section, the Director General, or any other
officer of the Directorate may use such reasonable force as is necessary in the
circumstances, and may be accompanied or assisted by such other person as he or
she considers appropriate to assist him or her to enter into or upon any
premises, place, vessel, boat, aircraft or other vehicle, as the case may be.
(6) A magistrate may, on the application, ex
parte, of the Director General, by written notice require a person who is the
subject of an investigation in respect of an offence alleged or suspected to
have been committed by him or her to surrender to the Director General any
travel document in his or her possession.
(7) If a person on whom a notice under subsection
(6) has been served fails to comply with the notice, he or she may be arrested
and taken before a magistrate.
(8) Where a person is taken before a magistrate
under subsection (7), the magistrate shall, unless such person complies with
the notice under subsection (6) or satisfies the magistrate that he or she does
not possess a travel document, by warrant commit him or her to prison where he
or she shall be safely kept until he or she complies with the notice.
(9) A person who has surrendered a travel document
under this section may at any time make a written application to the Director
General for its return, and every such application shall contain a statement of
the grounds on which it is made.
(10) The Director General may, within 14 days of
receipt of the application referred to in subsection (9)-
the application either without conditions or subject to such conditions as to
the further surrender of the travel document and the appearance of the
applicant at any time and place in Botswana as may be specified by the Director
General in a written notice served personally on the applicant; or
(11) A person aggrieved by the refusal of the
Director General to return his or her travel document to him or her may appeal
to a magistrate.
[Ch2302s23]23. Resisting or obstructing officers and support staff
A person who assaults, resists or obstructs any
officer of the Directorate or any person acting under the direction of such
officer in the due execution of his or her duties under this Act shall be
guilty of an offence and liable to imprisonment for a term not exceeding three
[Ch2302s24]24. Indemnity of members of staff of Directorate
No action shall be brought against a member of
staff of the Directorate (or any other person authorised by the Director
General to perform any act under this Act), in respect of any act or thing done
or omitted to be done in good faith, upon reasonable grounds, in the exercise
of his or her duties under this Act.