04 Jun 2024

Batswana will have the opportunity to vote at a referendum to determine whether or not some clauses should be included in the Botswana Constitution.

This follows deletion of some clauses from the Constitution Amendment Bill of 2024 as moved by Minister for State President, Mr Kabo Morwaeng in Parliament on Monday.

Some deleted amendment clauses included one seeking to prohibit a retired President who had served an aggregate period of 10 years from pursuing election in any political office.

Other clauses deleted from the Bill included an amendment to limit membership of the National Assembly to citizens, including in the case of dual citizenship persons who had renounced the citizenship of the other country.

The Bill was further amended by deleting an amendment clause relating to disqualifying a Specially Elected member from holding the seat if they resigned from the political party they were a member of at the time they were elected.

Again, Clause 19 which sought to have the Constitution should provide vires for Parliament to enact the necessary legislation which would determine the criteria used to select members of Ntlo ya Dikgosi in a more neutral manner and not along tribal lines was deleted.

Also deleted from the Bill were amendment clauses 22 and 25 which sought to amend sections 95 and 99 to provide for the Chief Justice as the head of the judiciary and the President of the Court of Appeal as the deputy head.

Motivating deletion of such clauses, Mr Morwaeng was of the view their inclusion in the Constitution would depend on the views of Batswana via a referendum.

Debating the decision to delete some noticed clauses from the Bill, some MPs, among them Maun East MP, Mr Goretetse Kekgonegile, questioned the reasoning for such a move arguing that the minister had not consulted Parliament.

Jwaneng/Mabutsane MP, Mr Mephato Reatile also concurred that the minister should not have included clauses eligible for a referendum in the Constitution Amendment Bill as they required two thirds majority endorsement.

“Parliament should be afforded the opportunity to know which clauses would be subjected for a referendum. Therefore, this Bill should have been withdrawn the moment we started asking about such clauses. Parliament should also draft questions for the referendum to guide the exercise,” Mr Reatile said.

For Francistown  South MP, Mr Wynter Mmolotsi, the clause seeking to render retired Presidents who had served an aggregate period of 10 years ineligible for re-election in any political office, should have not stated the number of years but only ban them from being Presidents.

“Any former Presidents wielded so much influence. The clause should however not be too strict in allowing them to serve in other political portfolios below President because of their expertise could be tapped into,” he argued.

Selebi Phikwe East legislator, Mr Kgoberego Nkawana also agreed that retired Presidents should be allowed to participate in lower ranks following their retirement because some were career politicians.

Contrary to sentiments by the opposition MPs, Boteti East MP, Mr Sethomo Lelatisitswe opined that former Presidents wielded so much power and therefore if allowed back into the system, they were likely to erode democracy.

“We are such a young democracy and we do not have experience in some of these things. Retired presidents should not occupy political positions,” he said.

Shashe West MP, Mr Fidelis Molao also concurred with Mr Lelatisitswe that it was important to state the years that one had served as President.

However, Mr Molao implored MPs to leave out discussion of clauses that would still be subjected for referendum.

Meanwhile, Parliament further agreed to have some amendments noticed by Specially Elected MP, Dr Unity Dow be subjected to enquiry through a referendum.

Dr Dow had proposed amendments to add some clauses suggesting that general elections be held whenever a President resigned.

“Resignation meant direct appointment of the Vice President through automatic succession and this does not auger well with democracy because the resignation would have been voluntary. Automatic succession should only be allowed in the unfortunate event of death or illness because it would not be by choice that someone seizes to be the President,” she said.

To that, Minister Morwaeng said some amendments proposed by Dr Dow were not necessary because the existing electoral system allowed for automatic succession. He further pleaded with Parliament to allow the referendum, to be held sometime next year, to run its course.  ENDS