10 Feb 2022

Politician and labour movement activist Mr Jafta Radibe has attended all consultative meetings of the Presidential Commission of Enquiry into the review of the constitution since it convened its maiden meeting in Gabane on February 2nd. And the man takes full notes of the discussions.

In an interview on the sidelines of the commission’s seventh meeting in Mogoditshane on yesterday, Mr Radibe explained that he was propelled by a desire to learn first-hand how Batswana wanted to shape the country’s constitution. Additionally he had an interest in certain key issues, and was keen to know the direction that Batswana desired for their country with regard to those issues.

Mr Radibe shared his exasperation at the realisation that most people had no knowledge of the constitution.

 “Batswana are ignorant of the contents of the constitution. Most of the issues they raise have nothing to do with the constitution,” he said.

He noted further that most speakers had demonstrated lack of understanding on the difference between common and customary law, saying the way they addressed the issues of the rights of the gays, lesbians and bisexuals showed their ignorance of how common law operated.

Mr Radibe partly blamed Batswana’s lack of knowledge of the constitution on it being in English only.

He said the non-existence of a Setswana version disadvantaged non-English speaking Batswana and denied them the opportunity to know their constitution, and by extension, their own rights.

On his issues of interest, Mr Radibe cited the restoration of the powers of dikgosi, stating that while they had been pivotal to the founding of the nation, the constitution had disempowered them, rendering their institution irrelevant.

He said the 1973 review of the Tribal Territories Act to pave way for land boards to take over land administration further rendered dikgosi redundant.

Mr Radibe said though the church had been central in national building through the preservation of moral values, and had over the years contributed immensely in sectors such as education and health, the constitution did not adequately acknowledge it.

“The constitution should be clear on its recognition of the church and on the granting of religious freedoms,” he noted.

Raising a different issue, Mr Radibe said there was need for the constitution to strike a balance between the judicial system and customary law.

He said the two systems of law should be recognised with neither being regarded as superior to the other. ENDS