03 Mar 2019

Parliament has adopted a motion calling on government to amend the country’s Constitution to allow direct election of the president and appointment of ministers from candidates outside Parliament.

Presenting the motion recently, MP for Nata/Gweta, Mr Polson Majaga said Chapter 4, section 32 of the Constitution which states that the President shall be determined by the number of parliamentary seats a party won in a general election was undemocratic.

The current electoral law allows Batswana to vote for MPs while the leader of the party with a majority of seats in parliament automatically becomes the country’s president, an exercise which Mr Majaga said deprived the nation an opportunity to have a say in the country’s highest decision making structures.

He argued that “the current constitution does not reflect and address the aspiration of nation” as their contribution was minimal during the time it was crafted.

Mr Majaga also questioned the status quo where the President hand-picked cabinet ministers from sitting MPs.

He added that ministers could not juggle between their duties and constituency needs.

He was also of the view that ministers should not have constituency obligations for them to serve their ministries delicately.

MP Majaga therefore called for the appointment of cabinet from outside Parliament, saying such would bring in special expertise that would serve the nation accordingly.

Contributing to the debate, Gaborone Bonnington North MP and Leader of Opposition, Advocate Duma Boko welcomed the motion saying it prefigured a more comprehensive debate regarding Botswana’s constitutional dispensation.

He said a comprehensive constitutional review was over due in order to identify certain loopholes and align it with the current challenges.

Advocate Boko called for a separation of powers within the three arms of government; the judiciary, executive and legislation.  

The Constitution, he said, had made the separation of powers notional since there was too much fusion within the threesome arms of government.

“The fact that the executive outnumbers the legislature in the ruling party is a constitutional anomaly as Parliament largely becomes an instrument to rubber stamp decision already taken by the executive and therefore the plundering of the legislature to beef up the executive is improper,” he said.

He said the motion vested the president with the authority to appoint the executive team away from the legislature which would then give the legislature the power it needed to operate as a check and restraint on the executive.

Francistown South MP, Mr Wynter Mmolotsi also supported the motion, saying “the current Constitution does not allow the nation to hold the seating President accountable it did not directly vote him in power.”

He also shared the same sentiments with the Leader of Opposition saying selecting ministers from sitting MPs was weakening Parliament because they automatically became part of the executive.

“A president elected by all the people in spite of his political party affiliation will largely view national issues on a bi-partisan or non-partisan prism, unlike the president elected by a party who will be inclined to view things from a partisan angle,” he said.

MP for Shoshong, Mr Dikgang Makgalemele, also supported the motion, referring to it as progressive due to the rule that it played in positioning the country’s democracy.

He thus called for thorough consultation with the nation before the motion could be implemented.

Meanwhile, Vice President and also MP for Boteti West, Mr Slumber Tsogwane had questioned the timing of the motion, saying it might confuse the electorates, particularly that this year people would be going to the polls.

He said the motion would demand a lot of voter education which might not be conducted before the general elections.

The Vice President said such a political reform should not be only subjected to one stakeholder hence the need to fully consult with the nation.

MP for Mmathethe/Molapowabojang, Dr Alfred Madigele also disagreed with the motion indicating that the county’s constitution had served the nation well since independence.

He said the motion might destabilise the country’s peace and tranquility as it might result in an independent presidential candidate without a responsive legislature and having no control over them. ENDS