15 Apr 2018

Parliament has learnt that there is no requirement to convene a meeting of the National Assembly to elect the President in terms of section 35 (4) of the Constitution of Botswana.

Responding to a question in Parliament recently, Minister for Presidential Affairs, Governance and Public Administration, Mr Nonofo Molefhi explained that the end of tenure of the office of the former president on March 31, 2018 did not create a vacancy as to require the conduct of elections in terms of  the sub-section.

“Having regard to the provisions of section 35 (1) of the Constitution you are under no legal obligation to call for election in terms of section 35 (4),” he said.

In terms of the language used in section 35 (1) of the Constitution, Mr Molefhi said unlike section 35 (2) which simply gives a person appointed thereof, authority to perform the functions of President Mokgweetsi Masisi is the substantive President of Botswana.

Selibe Phikwe West, Member of Parliament Mr Dithapelo Keorapetse had asked the minister to update Parliament on the election of the President under the Constitution of Botswana.

Mr Keorapetse asked if the Speaker of the National Assembly was aware that she must convene a meeting of the National Assembly on the seventh day of the ceasing to hold office of the former President Lt Gen. Dr Seretse Khama Ian Khama or such earlier day as may be appointed by the Speaker for the election of the President of Botswana in terms of Section 35 (4) of the Constitution of Botswana.

Further, Mr Keorapetse asked for clarity on when the Speaker intended to convene a meeting given that the deadline for so doing was Tuesday April 9, 2018 and if not what were the reasons for failure to do so when it was clear that President Mokgweetsi Masisi’s current term of office “is merely temporary in that section 35 (1) of the Constitution is clearly subject to sections 35 (3) and 35 (4) of the Constitution.” ENDS