18 Jul 2019

Minister for Presidential Affairs, Governance and Public Administration, Mr Nonofo Molefhi says government has undertaken a resolution to carry out a comprehensive constitutional review after this year’s general election.

Responding to a motion presented by Gaborone Central MP, Dr Phenyo Butale which called for the expansion of the Bill of Rights, Minister Molefhi dismissed the need to expand the Bill of Rights in the Constitution to include socio-economic and cultural rights so as to ensure justiciability of such, since government has already been providing fundamental basic human necessities in the absence of such regulatory statuaries.

Although Botswana has not redefied the international covenant on socio-economic and cultural rights, Minister Molefhi said ‘these rights are however to some extend guaranteed in the country’s constitution like in section three that offers protection for privacy of one’s home and other property and from depravation of property with compensation.’

The minister said the extent to which such protection was guaranteed was provided under section eight and nine of the constitution in addition to the protection offered in other subsidiary instruments like the Revised Children’s Act which broadly provided for a range of children’s rights.

He said instruments such as the Employment Act, Trade Disputes Act and a range of other policies addressed some of the inadequacies that the motion was calling for.

He said Botswana had in the absence of regulatory laws provided services, citing the provision of social safety nets which addressed areas of social security not in terms of the pronouncements on social security, but rather addressed existing gaps in community welfare.

Minister Molefhi said the fundamental freedoms as enshrined in the constitution if broadly explored would cover all the issues that the motion entailed. He said government has gone further in making provision in other laws to substantiate the current constitution.

Debating the motion, Serowe South MP, Dr Pelonomi Venson-Moitoi highlighted that cultural rights were a necessity to all individuals, hence there should not be any impediments in one’s cultural doctrines.

MP for Selibe Phikwe West, Mr Dithapelo Keorapetse argued that the fact that the constitution prohibited school children to be taught in their native languages was already an infringement and a prohibition of enjoyment of cultural rights hence the need to expand the Bill of Rights in the constitution to include cultural rights so as to ensure justiciability of such rights.

Contributing on the debate, Gaborone Bonnington North MP, Advocate Duma Boko stated that the first generation rights in the constitution imposed a negative obligation on the government.

He highlighted the need to take the constitution higher and accommodate positive obligation on government and hold government accountable to the provision of the right to work, the right to quality health care and the right to shelter as well as other socio-economic rights and amenities.

Advocate Boko stated that government should make a constitutional commitment to provide employment opportunities to every citizen who were willing to work, and that failure to do so should constitute to an unemployment benefit as a means of acknowledging its failure.

He said the motion should be adopted and further advocated for an urgent comprehensive constitutional review. ENDS