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BONELA backs DPP ban on case withdrawals

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The Botswana Network on Ethics, Law and HIV/AIDS has thrown its weight behind a new directive issued by the Director of Public Prosecutions (DPP) prohibiting the withdrawal of defilement and other cases involving minors, describing the move as a critical step toward strengthening child protection and justice.

In a statement dated 22 April 2026, BONELA said the directive is “firmly grounded in the principles of justice, the rule of law, and the constitutional obligation to protect the rights and best interests of the child.”

The organisation stressed that offences against minors are serious violations that go beyond private interests and should not be resolved through informal or out-of-court settlements. It warned that, in the past, the withdrawal of such cases had “undermined the administration of justice, weakened deterrence, and exposed children to continued harm.”

“This directive reaffirms that such offences are serious crimes that demand full judicial scrutiny and due process,” BONELA said.

The development sends what the organisation called a “clear and necessary message” that protecting children is a collective responsibility. BONELA urged families, community leaders, and society at large to reject practices that prioritise compromise over accountability.

“We further urge communities to play an active role in upholding children’s rights by reporting abuse, supporting survivors and refusing to participate in arrangements that obstruct justice, as this will support the effective implementation of this directive,” the organisation stated.

“Instead, communities should actively support reporting, witness cooperation and the protection of survivors throughout the legal process,” the statement added.

BONELA further called on justice sector stakeholders including law enforcement agencies, prosecutors, the judiciary, and social services to ensure consistent and effective enforcement of the directive. It emphasised the need for adequate victim support mechanisms, including psychosocial services and legal assistance, to safeguard the dignity and welfare of affected children.

“We further urge communities to play an active role in upholding children’s rights by reporting abuse, supporting survivors and refusing to participate in arrangements that obstruct justice, as this will support the effective implementation of this directive,” the organisation stated.

The move comes amid growing concern over the handling of cases involving minors, particularly where families or communities have sought to settle matters outside the formal justice system. Such practices have long been criticised for silencing victims and allowing perpetrators to evade accountability.

BONELA reaffirmed its commitment to advancing a rights-based legal framework that promotes accountability and protects vulnerable populations.

“BONELA remains committed to advancing a rights-based legal framework that upholds accountability, protects vulnerable populations, and ensures that justice is both done and seen to be done,” the statement concluded.

The directive is expected to significantly alter how cases involving minors are handled in Botswana, closing loopholes that previously allowed some cases to be withdrawn before reaching full judicial determination.

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