08 Dec 2020

The Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng has tabled the Constitution (Amendment) Bill, 2020 (Bill No.14 of 2020) to Parliament for second reading.

The Bill was presented for first reading in the previous Parliament session and was referred to Ntlo ya Dikgosi in accordance with Section 88(2) of the Constitution, which prohibits Parliament from proceeding upon any Bill which alters any of the provisions of the Constitution without consulting Ntlo ya Dikgosi.

The Bill was presented at the 4th Meeting of Ntlo ya Dikgosi and was endorsed by the house.

Minister Morwaeng said the Bill seeks to amend the Constitution to safeguard people’s interests, nurture democracy and the nation’s cultural principles of consensus.

He said to this end, the Bill proposed to cause a vacancy in the case where an elected member, if he or she was elected to the National Assembly as a candidate for a political party, opts to resign from such a party.

He noted that a vacancy would also be created should a member who was elected to the National Assembly as a candidate who is not a member of a political party decides to join a political party.  

The effect of the provision, he said, was to ensure that the coming into place of the amendment does not immediately create a vacancy in the seat of those members who would have already changed political allegiance.

He said such members shall be deemed to have been elected to the National Assembly in their current political status upon the coming into effect of the proposed amendment.

Mr Morwaeng further highlighted that the provisions of the Bill were not new to Parliament as the motion to that effect was adopted during the 7th Parliament.

He said the electoral law is such that a candidate who, during elections, chooses voting colours and symbols of a political party, is deemed to be a candidate for that political party save for independent candidates.

However, Ngami MP, Mr Caterpillar Hikuama dismissed the Bill, saying it was rushed.

He said government had already promised a comprehensive constitutional review with consultations expected to resume January.

“We should not use the law to cartel democracy.

Let democracy flourish in this country.

We should rather ask ourselves how we will use the amendment to maintain our status as a shining example of democracy,” he said.

Mr Hikuama, therefore, said there was no need to do piecemeal reviews if a holistic constitutional review was on the horizon.

He cautioned that there was no urgency in the Bill saying there were more pressing Sections of the Constitutions that should be promptly reviewed, citing Sections 77, 78 and 79.

He said constitutionalised tribal inequality should be looked into as all tribes deserved to be recognised by the Constitution as different tribal groupings who together make a whole Botswana.

He said the country would not be able to achieve unity by denying other groups their identity.

Mr Hikuama highlighted that the electoral system needed to be reviewed in the interest of promoting proportional representation.

Also contributing to the debate, Takatokwane MP, Mr Tshoganetso Leuwe supported the amendments saying they were done in the interest of the electorate.

Mr Leuwe said there had been proper consultation with the public as 32 villages were consulted and unanimously endorsed the proposed amendments.

Specially Elected MP, Mr Kgotla Autlwetse also supported the Bill on the grounds that it aimed to keep the nation united as electorate had for a long time been decrying politicians who floor crossed without consulting constituents.ENDS