08 Dec 2020

The Constitution (Amendment) Bill, 2020 (Bill No.14 of 2020) has ignited mixed views among legislators, who expressed their views after it was presented for second reading on Monday.

The objective of the Bill is to insert a new paragraph at section 68 to cause a vacancy in the seat of an elected member of the National Assembly, who, having been elected to the house as a candidate for a political party, resigns from the political party.

Similarly, the proposed amendment causes a vacancy in the seat of an elected member, who, having been elected to the national assembly as a candidate who is not a member of a political party, becomes a member of a political party.

In his contribution to the debate, MP for Molepolole North, Mr Oabile Regoeng told Parliament that the bill was long overdue.

He said the intention of the legislation was to protect voters’ interests against some unscrupulous individuals.

He noted that failure to respect the rights of voters often led to voter apathy, which was not entertained in any democratic dispensation.

He said all politicians campaigned through their party slogans and when one decided to resign from the party the seat should remain vacant.

He said even throughout the campaign trail all politicians spoke of their party manifestos and leaders, but not as individuals.

Mr Regoeng said floor-crossing was a self-centred exercise that should not be condoned.

Francistown South MP, Mr Wynter Mmolotsi said Parliament was intending to pass a law that was biased.

He said it was clear that the ruling party had lost its grip.

He said this piece of legislation was only formulated for fear of losing members.

He said the performance of the BDP was on a downward spiral,  adding that the intention of the Bill was to stop people from leaving the party.

He said in a democratic set up, the constitution allowed for freedom of association, but the proposed law was only depriving people of that constitutional right.

He said as Parliament, they should not formulate laws to protect their own interest, but the interests of those they represented.

He said what the Bill intended to do was to create dictatorial tendencies, where total control was given to certain individuals.

Mr Mmolotsi argued that elections were costly to be held time and again upon the crossing of an MP.

He said the arrangement, if agreed to, would only benefit the BDP, who had funding.

He appealed to MPs to honour the promises they made to voters before serving their own personal gains.

MP for Mahalapye West, Mr David Tshere said the Bill was a self-regulating piece of legislation.

He pointed out that voters had in the past expressed their desire for their preferred candidate despite MPs crossing to new political homes. He said the consultation that was carried out was not conclusive as constituencies were many and widespread.

He concurred with Mr Mmolotsi that the voting exercise was expensive and emotionally draining.

He said the bill was in contrast with provisions of Section 13 of the Constitution of Botswana.

He said UDC had advocated for proportional representation.

Gaborone Central MP, Mr Tumisang Healy said the Bill indeed seeks to empower political parties, which was a welcome development in any democratic dispensation.

He said the ruling BDP made a commitment to Batswana prior to the general election about constitutional review and that the party was set on delivering on the promise.

 He said floor crossing was likely to cause instability, which was bad for any democracy. ENDS