Behind the Badge: Unmasking Police Brutality

In a country like Botswana, where democratic governance and the rule of law are often praised, police brutality and abuse of power remain in the shadows and demand immediate public attention and legal reform.

Abuse of power involves corruption, threats, and failure to respect the rights of suspects, whereas police brutality refers to the use of excessive force, torture, wrongful arrest, or harassment by law enforcement officials. These have become a growing concern. Cases of police misconduct are very common and aren’t fully acknowledged.

Police officers in Botswana are expected to uphold the Constitution and follow due process. The Constitution, under Section 5, also known as the Bill of Rights, highlights the protection of liberty. It guarantees protection from arbitrary arrest as well as the right to a fair trial within a reasonable time. It also includes provisions related to compensation for unlawful arrest. These rights often become meaningless when those entrusted to enforce them are the ones violating them.

One striking example is the case of Kealeboga Tshwenyego, reported by Mmegi on 19 October 2020 in the article titled “Man Dies After Police Assault in Francistown.” According to the report, Tshwenyego allegedly died after being assaulted by police officers while in custody. The case drew public attention, but the outcome of the internal police investigation was never made public, fueling public distrust in the ability of law enforcement to police themselves.

Currently, complaints of police misconduct are investigated internally by the police themselves. While the Office of the Ombudsman has a broader mandate to investigate maladministration by public officials, its resources and powers are limited when it comes to criminal misconduct by police officers. This gap leaves victims of police brutality with little hope for justice. To address this, there is an urgent need to establish a truly independent civilian oversight body empowered specifically to investigate complaints against police officers. Such a body must have the authority to refer matters for prosecution and to recommend disciplinary action.

Recent incidents show why this reform is urgent. During the 2024 BIUST (Botswana International University of Science and Technology) student strike, police officers reportedly used tear gas and rubber bullets against unarmed students protesting over allowances and campus living conditions.

Police training must also be improved to include human rights education and non-violent methods of dealing with suspects. Officers should be taught that force is a last resort, not a first reaction.

A nation that prides itself on democracy and the rule of law must ensure that those in uniform are protecting people, not becoming a threat to them.