04 Aug 2024

KE A LO DUMEDISA BATSWANA-BETSHO!

1. Fellow citizens, I have come before the nation to make a Statement regarding some Government Bills in the agenda of what is normally called the winter Parliament, which is primarily dedicated to processing Bills, besides other legislative actions.

The statement to be made concerns the following three Bills:

a) Presidents (Pensions and Retirement Benefits) (Amendment) Bill, 2024 (Bill No. 12 of 2024);

b) Former Vice-Presidents (Pensions and Retirement Benefits) Bill, 2024 (Bill No. 13 of 2024); and

c) Ministers and National Assembly Gratuities and Pensions (Amendment) Bill, 2024 (Bill No. 14 of 2024)

2. However, I wish to start by making some important preliminary remarks to set the context for appreciating the kind of action that I will be sharing with you as a nation, concerning the aforementioned Bills, and in the light of the views expressed by some Batswana on the airwaves, in print and social media spaces.

3. The basic premise underpinning my Statement is that we all know that Botswana is a democratic country. Accordingly, the conduct of our national affairs as a sovereign state, has always been, and continues to be, gauged, assessed, critiqued and validated by invoking democratic principles, amongst them, being broad-based participation and consultation in decision-making on issues of national concern, and in the public interest.

4. Our exercise of participatory democracy, of course, happens at different levels and public spaces of engagement, including civil society. Over the years,we have, indeed, learned and become aware of what democracy means and entails, both for our individual and collective actions, regarding issues in the public interest. In turn, Government’s response to issues in the public interest is enjoined to embrace democracy.

5. Moreover, our beautiful country is built on diverse cultures, yet largely interconnected on several aspects, to produce unity in diversity, especially revolving around “Botho”, as a social and moral value. Botho as a foundation of our collective being and national identity as Batswana has several principles flowing from it. I wish to mention just two of these principles. Firstly, Botho demands that a person acknowledges and has regard for the humanness of others and mutual respect.

6. Secondly, Botho demands of each and every individual to consider what others think, ‘morero’ or consultation, which makes our everyday lives. The consultation process is core to our democratic principles. Indeed, the much-revered “Kgotla” system that this country is built on, and still practices, is centred on morero or therisanyo at its core. These same principles are what has built this country; they are a foundation, motheo wa kago ya lefatshe la rona, our beautiful Botswana. It is the same ethos and values on which our Constitution is built on.

7. Section 1 of the Constitution declares this country as a Republic. It is crucial to pause here and recognise what this means. It was vital to lay this out at the very first section of the Constitution, that this country will be governed in a way where the people of this country will hold the power to determine the affairs of this country. The Constitution demonstrates this in several ways:

• That is why it is you, the people of this Republic, who decide who to elect as your representatives;

• That is why, the same Constitution, gives Parliament, a body made up of your elected representatives, the power to make laws for the peace, order and good governance of Botswana, subject to the provisions of this Constitution.

8. Batswana-betsho, the phrase “subject to the provisions of this Constitution” is critical and allow me to demonstrate why this is important. For example, section 87(6) of the Constitution of Botswana provides that “no law made by Parliament shall come into operation until it has been published in the Gazette”. This is a significant and prescriptive consultative step because the publication is meant to afford the citizens of this country the opportunity to internalise the proposed legislation before Parliament passes it.

9. Additionally, the Standing Orders of Parliament, in this instance, Standing Order 72.3 prescribe that “no Bill (other than an Appropriation Bill) shall be read a second time earlier than 30 days after the day on which it was read a first time or, if in the case of a Bill presented by a Minister a draft thereof was published in the Gazette before it was presented, 30 days after such publication”. (paraphrased).

10. The direction signaled by this provision is crucial because at the Second Reading the general merits and principles of a Bill are debated and it is, therefore, important for members to debate it reflecting the views of their constituents, that is, you the citizens of this country. Parliament recognises the need to listen and take heed of your concerns.

11. These are the things which demonstrate our commitment to the Rule of Law – we have not flouted these and do not intend to do so at anytime.

On the 12th of July 2024, through the Extraordinary Gazette Volume 62 (LXII), Number 93, the following Bills were published:

a) Presidents (Pensions and Retirement Benefits) (Amendment) Bill, 2024 (Bill No. 12 of 2024);

b) Former Vice-Presidents (Pensions and Retirement Benefits) Bill, 2024 (Bill No. 13 of 2024); and

c) Ministers and National Assembly Gratuities and Pensions (Amendment) Bill, 2024 (Bill No. 14 of 2024)

12. Batho-betsho, I will not go into the details of these Bills as those are clearly set out in the Memoranda of each of the Bills. There have been a lot of comments, remarks and a general dissatisfaction about these Bills. The common sentiment is that this is not the time to bring such Bills. We have heard your opinions; we have listened to your views, and it is clear that you the people of this country, the Republic of Botswana, are not ready for a review of the law relating to the improvement of the retirement benefits of former leaders of this country.

13. In appreciation of your views, the people of Botswana, as a consultative and listening government, I am here to declare to the nation that, we will withdraw the three Bills from Parliament pending further consultation.

Thank you, ke a leboga Batswana-betsho.