13 Feb 2022

Few interest groups from the dusty village of Mmopane turned up to share and express their views during a meeting with the Presidential Commission of Enquiry into the Review of the Constitution on Friday. 

Amongst them were Lamodimo Human Rights Transgender activist, Ms Lamodimo Baitsiwe who proposed that the constitution should recognise intersex people as valuable members of the community, who deserve respect and enjoyment of fundamental rights like everyone as stated in Section 3 of the constitution. 

A person who is intersex is one who was born with a variation in their sexual or reproductive anatomy such that their body does not fit typical definitions of male or female. 

She called for inclusion of clause dealing with sexual orientation and gender identity to protect such people from any form of discrimination in line with Section 15 of the constitution. 

The clause, she said would also grant intersex and transgender community the right to gender affirming health care services such as hormonal replacement therapy and sex affirming surgery. 

She also talked about the right to conscience as according to section 11 of the constitution arguing that everyone was entitled to freedom of religion and pleaded with religious leaders to stop infringing their rights because they were not making their work complex in any way. 

“Baruti need to know where their rights end. Gore ditshwanelo tsa rona di tsenngwe mo molao motheong ga go gatake ditshwanelo tsa ga ope. Gape re kopa gore re nyadisiwe ke balaodi e seng baruti,” she said meaning they were not violating anyone’s right when they requested their rights to be recognised by the constitution and that they wanted district commissioners and not pastors to officiate their marriages. 

She stated that the Marriage Act stated that one haxd to be biologically female or male to marry, which he said failed to appreciate the difficulty faced by intersex and transgender people. 

Mr Kagiso Leso from Selomi Setlhotlhomi Association complained that the constitution sidelined traditional healers and proposed that the new constitution should recognise their efforts in providing health services. 

He also complained that during lockdown, they were left out as they did not benefit from the COVID 19 wage subsidy so as to relieve them from economic effects of the pandemic. 

Ms Pinkie Matsheka from Monax Shelter for Hope Trust proposed that the constitution should have a clause which compels the government to construct old age homes for senior citizens so that they could receive support, care and hope. 

Old age homes, she said played a critical role in providing good care to the elderly members and heledp reduce boredom among them. 

Such homes, she said should comprise health facilities and recreational centres where senior citizens could relax and engage in social activities as well as games. 

She said it was a pity that most elderly people who had contributed immensely to the overall development of the country and served the nation with distinction were neglected and ill-treated. Some, she said lacked shelter, while some were paupers despite having served the nation for many years. 

“Bangwe e ne e le baoki fa bangwe e le matichara le matona a puso mme gompieno ba a sotlega,” meaning some were nurses while some were teachers and ministers and they were currently living a miserable life. Ms Matsheka also proposed that old age pension should be lowered to 60 years from the current 65. She also suggested that charitable organisations should be given plots. 

The constitution, she said should also bind churches to contribute to the education and health of the nation by building schools and clinics, as was done by some churches. 

Ms Matsheka said some church leaders were bleeding of their hard earned cash only to then leave the country. 

Ms Geti Chabanga from Pabalelong Hospice proposed that the constitution should allow establishment of hospices in the districts where terminally ill patients would be treated with love, compassion and dignity. 

In addition, she said, the government should support such facilities financially in order to provide effective care to the terminally ill stating that, adding Pabalelong Hospice was currently supported by the Roman Catholic Church. ends