21 Jul 2021

Efforts to have Parliament debate the Adoption of Children (Amendment) Bill failed on July 15 after 29 MPs voted against it.

Only 13 MPs agitated for Parliament to debate the bill that Jwaneng-Mabutsane legislator, Mr Mephato Reatile had tabled while 21 were absent. Tabling the bill, Mr Reatile argued that the proposed amendments were intended to address gaps identified in the Adoption of Children’s Act.

He said the proposed amendments were aimed at repealing provisions that ran contrary to the letter and spirit of the United Nations Convention on the Rights of a Child (UN-CRC) and those that promoted violation of children. In that regard, he proposed amending the Act to provide for protection of adopted children’s inheritance rights.

The Act, he said prevented adopted children from inheriting their adoptive parents’ property. Consequently, Mr Reatile said the proposed amendments were intended to enable an adopted child to enjoy full rights and benefits like other children in the family.

The proposed amendments also sought to prevent marriages between adopted children and their adoptive parents provided for in the existing law. Mr Reatile argued that the current law promoted sexual abuse of adopted children.

Assistant Minister of Local Government and Rural Development, also Mochudi East MP, Mr Mabuse Pule, said while he agreed with Mr Reatile there was no need to rush the Bill given the government was already reviewing the Act, which was enacted back in 1952.

The review would accommodate new developments and respond to current and emerging needs. Among the envisaged amendments would be to align the law with international child protection statutes.

He said the new Act would also establish mechanisms for finding complementary points between common and customary law to ensure maximum child protection. “It will also standardise adoption processes as well as maximise the protection of the interest of adopted children and adopting parents to cater for issues of inheritance as proposed by Mr Reatile’s bill,” he observed.

He noted Botswana had ratified regional and international conventions such as the African Charter on the Rights and Welfare of the Child and UN-CRC, instruments, which had since been domesticated in the Children’s Act of 2009.

So far, stakeholders among them civil society, local authorities and law society had been consulted on the need to review the current act, he said. Consequently, and in light of the milestones achieved so far, he would not support the bill as the ministry was already at an advanced stage of reviewing it.

Supporting debate on the proposed amendments, Serowe South MP, Mr Leapeetswe Lesedi said the proposed amendments would promote and protect the rights of the child’s emotional and social development as well as their general wellbeing.

MP for Lerala- Maunatlala, Mr Sethabelo Modukanele, Thamaga-Kumakwne MP, Mr Palelo Motaosane and Takatokwane MP, Mr Tshoganetso Leuwe concurred with Mr Pule that the proposed amendments had been overtaken by events because a comprehensive bill was already underway. Supporting the Bill MP for Bobonong, Mr Taolo Lucas said that the Children’s Act of 1952 was too old and had been overtaken by developments.

Mr Lucas said the proposed bill would provide for the child’s inheritance in case the adoptive parent did not write a will. Gaborone South MP, Mr Dumezweni Mthimkhulu rejected the bill in that it opposed customary law given that one was entitled to inheritance by virtue of their birth.

He argued that the proposed amendments would create problems because inheritance was not entitlement except as a birthright. Mr Mthimkhulu said prior to bringing the Bill to Parliament, there should be consultation with Batswana.

Serowe North MP, Mr Baratiwa Mathoothe supported the Bill arguing that it was not fair that some MPs rejected the Bill simply because it was tabled by a member of the Opposition.

Goodhope-Mabule MP, Mr Eric Molale said the intention and purpose of the Bill were acceptable but argued that the one the minister would soon bring to Parliament was more comprehensive. He therefore requested for adjournment of debate on the Adoption of Children (Amendment) Bill of 2021 as per Standing Order 54.1. ENDS