28 Feb 2022

Section 92 of the constitution which provides for the passing of a vote of no confidence on government has been described as vague and lacking in clarity on what should transpire following the passing of such a motion. 

A Kanye resident Mr Bakang Lesole said despite the possible far-reaching implications that the passing of a vote of no confidence entailed, the clause providing for it was too short and void of meaning as it did not elaborately state the steps to be taken subsequent to the adoption of the vote of no confidence. 

Mr Lesole, who made the submission during the Presidential Commission of Enquiry into Review of the Constitution consultative meeting in Kanye yesterday argued for the expansion of the clause, and to ensure the country did not descend into chaos should parliament pass a motion of no confidence in the government in the future. 

Another resident, Mr Leach Tlhomelang advocated harmonisation of land tenure schemes. 

Mr Tlhomelang said administering land through different land tenure schemes lacked merit hence the need for uniformity.

 Emphasising the need for a single land tenure system, he indicated that the value of land in the hands of holders who had acquired it through the Tribal Land Act paled in comparison to those holding either freehold or state land. 

On a different issue, Mr Tlhomelang suggested that the constitution should provide for the sentencing to death of perpetrators of different violent crimes as they were on the rise. 

One Mr Baleseng Baleseng said the approach that had been taken to institute a wholesale review of the constitution was likely not to be fruitful. 

Saying a piece-meal approach targeting certain critical sections at a time would have been better. 

Mr Baleseng said given the nature and significance of the constitution itself and the sensitivity of the exercise of reviewing it, an overhaul of the entire document would likely result in some of its parts being overlooked. 

Raising an unrelated issue, he suggested that Ntlo ya Dikgosi should be replaced with a House of Representatives to allow for different groupings and sections of society to have representation and therefore a platform through which their respective issues of concern would be addressed. 

Further, he pleaded for the inclusion in the constitution of a provision establishing a dress code for the youth to curb what he termed a ‘continuing trend of young people dressing in a distasteful and inappropriate manner’. 

Ms Selinah Mokgweetsi concurred, and said the law should prescribe a dress code for women and girls to curb rape. Making his submissions, Mr Kenalemongwe Mopipi urged for the retention of the death penalty. 

He said maintaining capital punishment was necessary, especially in the face of ballooning prisoner populations. 

Mr Mopipi observed that due to an absence of the death penalty, some countries were grappling with overcrowding in their prisons, a situation that he indicated would be averting through the execution of murder convicts.  He on the other hand, called for a provision criminalising the violation of the rights of others under the pretext of individuals exercising their freedom of expression. 

Mr Mopipi said it was becoming common for some people to overstep their rights and insult others and thereafter argue that they were simply exercising their right to the freedom of expression. 

Among the speakers that appeared before the commission was Kgosi Kwelagobe Mookodi who said presently it was unclear how cases of people found in possession of human body parts were to be handled. 

Kgosi Mookodi suggested that the law should provide specificity in dealing with such cases. 

Kgosi Kebapetse Telekelo had earlier on when welcoming the commission appealed for tribal territories to not be tampered with. 

He said some providers of several critical services such as land boards and local authorities were aligned to tribal territories. 

He therefore said that tampering with the boundaries would result in disruptions to service delivery. BOPA