22 May 2024

Legislators continued their debate on the Constitution Amendment Bill of 2024 that has been presented before the National Assembly for second reading.

In their debates on Tuesday, some Members of Parliament argued that the Bill should have encompassed a majority of views and submissions by Batswana during the extensive tour of the country by the commission of inquiry on constitutional review in 2022.  

Notwithstanding the opposing views, Specially Elected MP, Mr Kgotla Autlwetse commended the commission for what he termed a sterling job delivered from a delicate assignment.

He said he was content that what was presented before Parliament was also discussed by members of the Ntlo Ya Dikgosi for their contribution over and above thorough discussions by the public across the country.

“I am impressed that the recommendations discussed were given heads up by Ntlo Ya Dikgosi. This was also in line with some of the recommendations by Non-Governmental Organisations who also aired their concerns regarding the Constitutional review,” he said.

A highlight for supporting the Bill was the proposed amendment that allows for representation at Ntlo Ya Dikgosi, which he said was a progressive move that would ensure fair representation at the House.

He indicated that while the ruling Botswana Democratic Party (BDP) had continuously advocated for the amendment of the Constitution, it did not suggest a complete overhaul contrary to views by some MPs to have it entirely amended.

“It is not the first time some of the sections of the Constitution are amended, as it is the case with Sections 77, 78 and 79 of the Constitution,” he said.

On one hand, Mr Autlwetse argued that it was unfair for some MPs to suggest that the Constitution consolidated the President’s powers.

“The President, as the Head of State, should exercise some powers vested on him by the Constitution. The President should have a final say on some decisions, he cannot just be a spectator,” he said.

MP for Ramotswa, Mr Lefoko Moagi said the commission had gathered some suggestions concerning policies, general views and aspirations of Batswana.

Mr Moagi said while some individuals suggested that the review of Constitution was not comprehensive, he was of the view that there was room for continuity to present some ideas via private members bill to Parliament.

“I am also aware that this commission was guided by Commission of Inquiry Act, which was passed by this very Parliament,” he said.

He also welcomed the proposed amendment that called for the inclusion of intersex persons to protect and prohibit their discrimination thereby safeguarding their fundamental rights and civil liberties.

He added that some of the proposals such as homosexuality and death penalty, among others would go through referendum.

On voting of some members of Ntlo Ya Dikgosi, he said such a process would enable leaders to vote among themselves considering the ability and knowledge to perform functions and duties of Bogosi within their administrative areas.

He further said since Botswana was a party to some treaties and conventions, it augured well that the Constitution should equally be aligned.

Giving opposing views, Sefhare-Ramokgonami MP, Dr Kesitegile Gobotswang said the Bill was not people driven.

Dr Gobotswang was of the view that the process, as delicate as it was, needed citizens to thoroughly discuss it from an understanding standpoint.

“We should not be the ones to have a final say because we operate under delegated powers as peoples’ representatives. Therefore any step to change the Constitution that is not people driven is unacceptable,” he said. He said Batswana did not understand what Constitutional review entailed, hence public education should have been the basis to the process.

Again, he argued that the review of the Constitution should have been comprehensive than selective.

He further argued that the clause in the Bill on special election of 10 MPs, was never a part of suggestions from the consultations, apart from the fact that most Batswana yearned for direct election of the President, which he said was not included in both the commission’s report and amendment Bill.

Lerala/Maunatlala MP, Mr Setlhabelo Modukanele supported the Bill saying the proposed amendments were clear and straight forward, particularly on the separation of powers to provide checks and balances.

“The responsibility and accountability rest with a leader and therefore, the Head of State should be empowered by the Constitution,” Mr Modukanele said.

He added that the proposed amendment to submit nominees for positions of Independent Electoral Commission (IEC) secretary, Chief Justice and the President of the Court of Appeal for interviews was a welcome development.

“This process will no longer be done by the President as some of you suggest, but will now involve an assessment of potential candidates before their appointment,” he said.

Furthermore, he supported as a progressive idea, the proposed clause to have two representatives from each administrative district in the Ntlo ya Dikgosi who would, in the interim, perform functions of the office of Kgosi in respect of any area within such administrative district.

Kgalagadi South MP, Mr Sam Brooks commended the amendment on the election of Dikgosi to Ntlo Ya Dikgosi, a move he said would have most districts represented. “For the longest time, some tribes were not represented at Ntlo Ya Dikgosi while some have always been regarded as bigger than others, breeding inequality,” Mr Brooks said.

He also supported the amendments aiming to protect the right to health, education and work to be enshrined in the Constitution.

On the special election of MPs, he argued that the process intended to include those with different expertise and would also provide room for appointment of different groups in the society, including youth, women, people with disabilities, among others. ENDS