23 May 2024

The ongoing Constitutional review debate, like most parliamentary debates, seems to spark emotions connecting to a range of issues surrounding the proposed amendments in the Constitution Amendment Bill.   

In almost one week of debate, legislators from the opposing aisles continue to share and differ in their views on the Bill presented before the National Assembly for second reading on May 20.

Essentially, the highlight of the debate surrounds some clauses seeking to prohibit retired President who had served an aggregate period of 10 years not to stand for election in any political office, election of 10 specially elected MPs, election of two representatives into Ntlo ya Dikgosi from each administrative district as well as submission of nominees for interview for the positions of Independent Electoral Commission (IEC) secretary, Chief Justice and the President of the Court of Appeal.

Contributing to the debate on Wednesday, Molepolole North MP, Mr Oabile Regoeng urged fellow MPs to detach emotions from the Constitutional review debate, arguing that emotionally driven contributions could lead to erroneous conclusions.

Mr Regoeng argued that the Constitutional review was long due and it therefore should be given the utmost importance and concentration it deserved.

“We should be thankful that the current Constitution has stood the test of time, it has served us well and it was about time we improve it,” he said.

He said the Constitutional amendment was intended for all the people and not certain individuals as some MPs had suggested.

He added that the Presidential Commission of Inquiry into the Review of the Constitution traversed the length and breadth of the country to consult all Batswana, hence the exercise was transparent and inclusive.

“To me there is no doubt that consultation was done enough for all Batswana to participate,” he said. Furthermore, he said Batswana were also given opportunity to submit in writing their contributions while civil society groups were also given opportunity to do the same.

He added that enshrining into the Constitution the rights to health, education and work, was also possible because in the last four budgets, education, health were given enough budget to accomplish such.

Again, he said time was nigh to accept the intersex persons in Botswana and it was only a matter of coming up with a policy to be covered by the Constitution.

He also supported the amendment to introduce measures to ensure that a retired President who had served an aggregate period of 10 years was not eligible for election in any political office.

He said election of 10 specially elected MPs was meant to cover marginalised groups and that electing two representatives into Ntlo ya Dikgosi from each administrative district who for the time being would perform functions of the office of Kgosi within their administrative district was also a progressive move.

Tati West MP, Mr Simon Moabi said Batswana had long desired to have the Constitution reviewed and commended the ruling Botswana Democratic Party (BDP) to have fulfilled one of the promises in their 2019 manifesto to review it. Mr Moabi also differed with those who suggested that reviewing the Constitution targeted some individuals.

He further supported the proposed amendments to submit nominees for interview for the positions of Independent Electoral Commission (IEC) secretary, Chief Justice and the President of the Court of Appeal.

MP for Serowe West MP, Mr Onalepelo Kedikilwe said Constitutional review was an exercise that required due diligence and was meant for posterity.

In that regard, he said it did not make sense for Parliament to agree to a Constitutional review that sounded like a political gimmick.

He contended that the right to education and health were a far-fetched dream because already the systems of education and health were failing because of inadequate resources.

“You cannot advocate for the right to health and education under the circumstances we live in. One wonders if we are going to create jobs after we review the Constitution,” he said.

Mr Kedikilwe said the proposal for 10 specially elected MPs was meant to advantage or reward some members of the ruling party.

He also said proposed amendments for the President to submit nominees for positions of IEC secretary and nominees for the position of Chief Justice and the President of the Court of Appeal for interviews did not make sense because the positions should be open for interested applicants to compete for.

Mr Kedikilwe further expressed reservations on the idea to amend the composition of Ntlo Ya Dikgosi and election of two Dikgosi representatives.

He argued that Dikgosi should be allowed to send their rightful representatives to Ntlo Ya Dikgosi according guiding norms and values of Bogosi.

He was of the idea that election of members of Ntlo Ya Dikgosi posed risks of voting for wrong candidates. ENDS