07 Feb 2022

 Botswana’s revised constitution must recognise the institution of bogosi as the fourth arm of government. Balete Kgosikgolo Mosadi Seboko made the recommendation during a consultative meeting by the Presidential Commission of Enquiry into the Review of the Constitution of Botswana here yesterday.

“Re eletsa gore matshego a mararo  a oketswe gonne le la bone le e leng bogosi, eseng Ntlo Ya Dikgosi,” she said, meaning recognition of Ntlo ya Dikgosi did not equate to admitting bogosi as the fourth estate. She said magosi were there before the current system of government, and had effectively and with distinction built the nation.

While she would not blame anyone for heightened wayward behavior, she said it never was a big issue when magosi were in control.

“Jaanong ra re, go re bo tle bo nne le dithata sentle, bo tle bo kgone go thusa puso e ya rona gore dilo di tsamae sentle kana gore seemo se tokahale, a bogosi bo nne karolo ya bone ya puso ,” she said, meaning magosi could only effectively participate in arresting wayward behavior if duly empowered as the fourth arm of government.

While at it, the constitution must have clear hierarchical structure for bogosi.

“Today the Kgosi is assisted by his or her deputies who are emissaries of the Kgosi in various villages…it should be clear that there is Kgosikgolo as their superior…,” she said Earlier when welcoming guests, Kgosi Mosadi had decried endemic corruption, gender based violence, an ever growing gap between the rich and poor, high numbers of unemployment and the unemployable, and growing incidence of crime, where in some cases young children were perpetrators.

She proposed that the constitution must specifically stipulate that government should be free of corruption; and must have entrenched in it clear provisions for corruption prevention.

These, she said, must include a stipulation whereby corruption would be grounds for impeachment of a government. She argued corruption had led to serious socio-economic challenges and deprived Batswana of a decent standard of living.

“A molao motheo o papamale o supe gore goromente o tshwanetse gore a dire ko ntle ga tshenyetso setshaba, a ba a dire molao o gagametseng oo tlaabong o dira gore le fa e le gore go fitlhelwa ene goromente e le bontlha bongwe jwa tshenyetso setshaba, Batswana ba kgone gore ba eme ba dire ditsamaiso tse re di utlwang ko mafatsheng tsa bo impeachment, mo go tweng goromente yo wa tshenyetso setshaba a re mo seegeleng fa thoko,”she said.

While not specifically citing out Section 41 (I) of the Constitution of Botswana Kgosikgolo Mosadi said that the law must specifically stipulate that no one was immune from the law.

“A hela rotlhe re lebaganwe ke molato re tsene mo tshekong re sekisiwe. A ke maemo afe kapa afe, fa ke le molato a ke sekisiwe ke tseelwe dikgato ke e toronkong,” she said
The Specific provision she was complaining about provides that:
“Whilst any person holds or performs the functions of the office of President, no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.”

Similarly section 41 (II) acts as a buffer against prosecution where a person serving as President fails to observe within time, legal proceedings brought against him or her. 

Kgosikgolo Mosadi said the constitution must establish an independent and impartial, constitutionally entrenched office of the public protector, who should be appointed by parliament, to investigate corruption and maladministration.

Further, she called for the establishment of a constitutional court whose members should be appointed by parliament.

She also suggested that in order to be appointed to office, judicial officers must be subjected to public interviews, following which the Judicial Services Commission should forward names of those it recommends for appointment to Parliament.  In the same vein the appointment of heads of key and independent institutions must be the responsibility of Parliament and not the sole responsibility of the President.

This, she said, would ensure absolute impartiality of judicial officers and those holding key positions in independent and critical state agencies, in contrast to the current setup where such officers may be beholden to the appointing authority. Kgosikgolo Mosadi explained that by ‘president’, she meant any person who happened to hold the office and not specifically the current president.

She suggested that any amendment to legislation must be subjected to a referendum.  This, she said, was the true essence of consultation according to Setswana culture.

The Kgosikgolo also decried the level of unemployment and poverty in Botswana and suggested that the constitution should enshrine the right to economic and social security, where unemployed youth especially, received unemployment benefits.

Kgosikgolo Mosadi emphasised the importance of culture and education in fighting poverty and unemployment, and said these should be recognised by the constitution. Recognising culture as an important component of nation building would help in fighting wayward behavior, as proper Setswana customs and education would be enforced.

She called for the establishment of a truth and reconciliation commission, to hear concerns of many Batswana against whom injustice had been done, with a view to giving them closure.

On the family unit, Kgosikgolo Mosadi said the constitution must provide for its protection. “The family unit is not stable anymore. We ask that the constitution be clear in recognising it…if we have stable families, future generations will find a peaceful country without all these troubles we are facing today,” she said.

It was the family that shaped morality, identity and character. Thus the country’s unity and hope depended on its strength, she said.

In support of Kgosi Mosadi’s call for recognition of the family unit, Kgosi Fisher Botlhole of Taung said the constitution should guard against same-sex marriages, as these could not build a morally upright society.

“Fa o le moruti kgang e oa go dira jang ka gore gongwe kwa ga Molaodi gone go botoka?” he asked rhetorically, as he wondered how church ministers would deal with issue. Kgosi Botlhole said he supported the call for direct election of the president. He also advised that during the appointment of specially elected politicians to council and parliament, a consideration must be made to include members of the opposition so as to strengthen constitutionalism and democracy.

When touching on presidential immunity Mr Ben Tingwane said the whole of section 41 of the constitution must be abolished and replaced with one where he or she would face the music for crimes committed. even while in office.

“Kana ke gore ea re Tautona ga a kgongwe, ke mutlwa wa noko. Tautona o ka dira dilo tse di utlwisang bangwe botlhoko mme a ka se twe sepe. A e baakanngwe o tshwanetse a arabele ditiro tsa gagwe,”he added, citing previous incidents where a former president committed acts that would otherwise be considered criminal, but did them all the same as he knew he could not be prosecuted.

Mr Tingwane said the President must also not be involved directly or indirectly in the selling and buying of government property, or compete for tender with members of the public because as head of state, he had unfair advantage over everyone.

Mr Joseph Tsumake suggested a tax exemption for pensioners. He said government must also consider reducing the old age pension to 60.

He also called for a living allowance for the clergy, as they were instrumental in nation building.

Mr Pius Phale said there was inadequate public education about the constitution. He said Batswana deserved to be educated on the provisions of the Constitution so that they could contribute meaningfully to the consultative meetings. ENDS