Botswana Proposed FIA Law Changes to Increase Body’s Power
In an effort to strengthen the mandate of the Financial Intelligence Agency (FIA) in the context of emerging global challenges, Parliament is currently considering the Financial Intelligence (Amendment) Bill, 2018.
Among the said Bill’s provisions is the re-designation of the Agency’s Head as Director General, to be appointed by His Excellency the President rather than the responsible Minister.
It may be noted that the above amendment to the appointment process is intended to correct an anomaly by ensuring that the Act is consistent with the presidential powers of appointment as provided for in the Constitution.
In this respect, appointments to super-scale posts in the Public Service etc. by the Office of the President are provided for under Section 112 of the Constitution.
It may be further noted that high level appointments by Ministers are also, at any rate, still subject to approval by the President acting on the advice of Cabinet.
Given the above, this Office wishes to dismiss the suggestion that the amendment is in anyway meant to somehow concentrate power over FIA in the Presidency.
Taken as a whole, the proposed amendments should rather increase the power and authority of FIA to continue to exercise its legal mandate as an independent watchdog agency.
Source : BGCIS