04 May 2022

Section 41 of the constitution should be revoked to allow for the institution of legal proceedings against a sitting president. Messrs Kebofentse Phetolo of Khudumelapye and Alfred Gopadileng of Letlhakeng proposed to the Presidential Commission of Inquiry into Review of the Constitution Wednesday at a consultative meeting held in Letlhakeng that the provision of the law had been overtaken by events.

Mr Phetolo argued for the partial revocation of the provision, saying an incumbent should only be liable for prosecution for offences committed in his/her private capacity.

On another issue, the speaker pleaded for the retention of capital punishment, and asked that the punishment be also extended to people found in possession of human body parts.

“President ke motho yo motona thata yo e leng gore ke ene a saenang molao wa lefatshe.

President ga a ka ke a saena molao wa lefatshe a o saenela ba bangwe ene o sa mo ame,” he said, arguing on the contrary that the law should therefore allow for legal proceedings to be instituted against the president in both his official and private capacities.

On the need for the law to recognise and treat tribes equally, Mr Mosupi Motshonong said the ongoing review exercise had sparked hope in them that the Baboloongwe would finally be recognised by the constitution.

He said it was wrong for the constitution to have, for decades, failed to acknowledge the existence of the bulk of the country’s tribes.

“Gore re bo re sa lemogiwe ke mmaarona e leng molao-motheo ga go re bee sentle,” he said, adding his Baboloongwe’s tribe eagerly awaited recognition.

Kgosi Itsoseng Gaoonwe of Letlhakeng had earlier spoken about how much his people, being the Bakgwatheng, Bashaga and Baboloongwe had been yearning to be recognised by the law.

Such recognition, he said would enrich peace and assure the country’s position as a champion of democracy.

Mr Gordon Mokgwathi proposed that Section 77 be revoked and in its place the Second Schedule to the Constitution be adopted.

Members of Ntlo ya Dikgosi representing the house’s 20 regions are appointed I terms of the schedule.

Mr Mokgwathi proposed therefore that existing districts should be done away with and be replaced with Ntlo ya Dikgosi regions.

“Take for instance the Letlhakeng region; it should be turned into a fully-fledged district.

The constitution should not elevate one tribe over another,” he said, adding having districts named after certain tribes was wrong, hence the need for change.

Mr Raymond Malele suggested that age restriction for administration of corporal punishment should be reviewed upwards to 50.

He said women should also qualify for flogging as they, more than men, had developed the tendency to flout the law with impunity. ENDS