02 Aug 2022

Assistant Minister for State President, Mr Dumezweni Mthimkhulu says bill number 18 of 2013 amending section 68 (1) (a) of the Constitution, was substantially and procedurally flawed.

 Hence, he said it was not assented to by former president, Lieutenant General Dr Seretse Khama Ian Khama.

Answering a question in Parliament on Monday, Mr Mthimkhulu said the bill was introduced as a private members bill and was passed by Parliament in March 2014.

“The bill was not drafted at the Attorney General’s Chambers and was further published in the government gazette without seeking advice from the attorney general. Prior to the bill being passed, the attorney general had advised the general assembly that the bill was both substantially and procedurally flawed,” said the assistant minister.

He said the advice from the attorney general was rendered in February 2014. He said former president Lt Gen. Dr Seretse Khama Ian Khama, on the advice of the attorney general, did not assent to the bill.

Mr Mthimkhulu pointed out that the advice was also to the effect that the proposed amendment was both undesirable and impracticable under the constitutional set up since it was in conflict with other provisions of the Constitution. He said the proposal to continue with the office of MP after dissolution of Parliament was one of the things which made the bill impractical.

“This is not tenable because a person cannot be a member of a body that is no longer in existence. The proposed amendment has a knock on effect on sections 32.1, 39.6, 90.3 and 91.5 of the Constitution. Sections 90.3 and 91.5 of the Constitution are entrenched. 

It should be noted that the procedure for amendment of these sections is that they be subjected to a referendum and be approved by the majority of electors through voting,” said the assistant minister.

Mr Mthimkhulu said the procedure to be followed where the President chooses not to assent to a bill was provided for in the Constitution. He said the Constitution was clear that where the President withheld his or her assent to a bill, the bill shall be returned to the National Assembly. 

“If where the President withholds his or her assent to a bill, the assembly resolves within six months of the bill being returned to it, that the bill should again be presented for assent. The President shall assent to the bill within 21 days of it being again presented to him or her unless he or she sooner dissolves Parliament,” said Mr Mthimkhulu.

He noted that all constitutional procedures were complied with concerning bill number 18 of 2013. He said there were no time limits on returning a bill to Parliament when the President withheld his or her assent.

Maun West MP, Mr Dumelang Saleshando had asked the minister to state why bill number 18 of 2013, amending section 68 (1) (a) of the Constitution, was never assented to by the President after it was passed by Parliament. Ends