05 Sep 2024

The Constitution (Amendment) Bill, 2024 did not pass after receiving a vote less than the mandatory two third of members of the National Assembly.

Prior to the voting, all opposition parties’ members walked out of the House, leaving voting to be done by the ruling party members.

 Of the 40 ruling party members who were in the house, 37 members voted for the bill, one was against the bill while the other two did not vote at all.

The vote was conducted after a lengthy deliberation to define the criteria of how to determine the two third majority. Moreover, advice from Parliamentary Counsel was that for the Bill to pass it would take not less than two third vote of all the members of the National Assembly.

Following on the Counsel advice as per the provisions of the Constitution, section 57 & 58, the Speaker of the National Assembly, Mr Phandu Skelemani said voting would  include the President, 57 elected Members of Parliament and six Specially Elected Members, excluding the person presiding over the vote, being the Speaker.

The voting will also take into account if there was a vacant post of the member declared.

In total, 64 members of the Assembly were eligible to vote. However, Mr Skelemani said he was only aware of one vacant post, that of Mr Yandani Boko, who had formally resigned from his seat as a Member of Parliament of Mahalapye East.

However, Mochudi West MP, Mr Mmusi Kgafela advised that as per section 28 of the Interpretation Act, two thirds majority would only apply to members present. Therefore, after the opposition members walked out of the house, voting was done by 40 ruling party members who were left in the house. 

Voting excluded, the resigned Mr Boko and the deceased Gaborone South MP, Mr Dumezweni Mthimkhulu. Ends