05 Mar 2015

In terms of the provisions of the Constitution, the system of governance in Botswana is anchored on the rule of law with all the arms of the state operating independently of each other, but complementary in their functions.

This was said by the Minister for Presidential Affairs and Public Administration, Mr Eric Molale, when responding to a question in Parliament from Francistown South MP, Mr Wynter Mmolotsi. 

The Constitution of Botswana, Mr Molale said, had made a determination as to how the state power was distributed and devolved between the three arms of the state, namely; the parliament with the legislative power per section 86, the cabinet with the executive power per section 47 read with section 50 and the judiciary per sections 95 to 107.

In this regard, Mr Molale said, the principle of separation of powers was well entrenched in Botswana. 

A cardinal feature of the principle of separation of powers, he said “is that the mandate of each arm is clearly demarcated such that each arm has autonomy in its mandate and is protected by the law from encroachment by any of the other arms.”  “In that regard, none should be relieved or deprived of its mandate by any of the other two,” he added.

This separation of powers, the minister said ensured that there was conformity with the rule of law, and that the government of the day was fully accountable to the citizens. This, Mr Molale said had been the democratic dispensation since the country obtained independence in 1966. 

Mr Mmolotsi had asked the minister to state the progress on “the independence of Parliament.” ENDS