03 Mar 2022

There is currently no preparatory work being done towards the review of the Constitution of Botswana, Parliament has heard.

Answering a question in Parliament on Wednesday, Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng said rather, what was ongoing was the consultative process done by the Presidential Commission of Inquiry into the review of the Constitution to collate the views of Batswana and other stakeholders, which would then inform the actual review process of the Constitution.

“As we are all aware the commissioners were sworn in by President Dr Mokgweetsi Masisi on December 24, 2021. After the conclusion of the consultations by the Commission, some steps will follow,” Mr Morwaeng said.

Such steps, he said included submitting a report with recommendations to the President for consideration, after which government would consider the report and its recommendations.

He indicated that at the appropriate stage, recommendations would be submitted to the office of the Attorney General to draft the Bill.

The Bill, he added, would then be published to solicit further input from members of the public and to allow MPs to consult their constituents on its content.

He said the Bill would then be tabled before Parliament in accordance with Section 86 of the Constitution, as the only authority with powers ‘to make laws for the peace, order and good governance’.

“Section 89 of the Constitution gives Parliament the power to amend the Constitution, and also stipulate the procedure to be followed, which varies depending on the provisions to be amended, which process will be followed to the latter,” he said.

Further, he said the Bill would then be referred to Ntlo ya Dikgosi.

“If it is necessary to amend entrenched provisions of the Constitution, it will then be necessary to conduct a referendum. 

A referendum will determine the shape and content of the new Constitution,” he added. 

The minister also told legislators that government intended to have the process completed before the next general elections. 

“I want to assure this Honourable House that this Constitutional review will be done in the spirit of the Laws of Botswana,” the minister said.

MP for Bobonong, Mr Taolo Lucas, had asked the minister to update Parliament on the preparatory work that had been done so far towards the comprehensive review of the country’s Constitution.

Mr Lucas also asked the minister to state the list of activities still to be done to complete the comprehensive review exercise and further state probable timelines for each of the envisaged activities.

Again, the legislator wanted to know if the Constitutional review exercise would be completed before the 2024 general elections. ends