Kenewendo has affirmed that the government will thwart witness intimidation tactics in the BCL Presidential Commission of Inquiry
BONGANI MALUNGA
The Botswana government has moved to safeguard witnesses expected to testify before the Presidential Commission of Inquiry into the BCL mine closure, rolling out legal and procedural protections aimed at eliminating intimidation and interference.
Answering in Parliament on Monday, the Minister of Minerals and Energy, Bogolo Kenewendo signalled a zero-tolerance stance, warning that any attempts to silence or influence witnesses would be met with legal action.
SHIELDING WITNESS IDENTITIES
At the heart of the protection framework is the Commissions of Inquiry Act (Botswana), which empowers the Commission to take extraordinary measures where risk is identified. These include closed-door (in camera) hearings and orders shielding witness identities in sensitive cases, tools designed to ensure testimony flows freely without fear of reprisal.
“The government is acutely aware that witnesses in matters involving former high-level officials and complex commercial interests may face intimidation or reprisal. This government will not tolerate any attempts to undermine the pursuit of justice,” Kenewendo asserted.
Crucially, the Commission may also allow anonymous testimony where credible threats exist, limiting disclosure of identities strictly to commissioners and their legal teams. This, Kenewendo says, is a critical safeguard given the inquiry’s reach into former high-ranking officials and powerful commercial interests.
LEGAL BACKING
Legal backing is another pillar of the strategy according to the minister. Witnesses facing intimidation can seek legal representation, while any acts of interference will be swiftly referred to law enforcement for possible criminal prosecution.
The Commission’s public stature and transparent processes are also expected to act as a deterrent. With proceedings largely open and on record, the government argues that scrutiny itself will discourage any behind the scenes manipulation.
PROTECTION ENSURED
“Witnesses who face intimidation may apply for legal representation at the Commission’s discretion and the Commission has the power to refer acts of intimidation to law enforcement for criminal prosecution. Where a witness demonstrates reasonable fear of reprisal, the Commission may permit testimony to be given anonymously, with identity known only to the commissioners and legal team,” the Minister said, underscoring that those who come forward will be protected.
The witness protection framework is seen as central to unlocking the truth behind BCL’s collapse, ensuring that fear does not stand in the way of accountability.