Africa-Press – Botswana. Dr Kesitegile Gobotswang says a Parliamentary Counsel redeployed from a government department could weaken Parliament by hesitating when called upon to make decisions at odds with the Executive.
The Botswana Congress Party (BCP) has expressed concern about the independence of Dr Ame Rebecca Masuku as Parliamentary Counsel because her appointment is effectively a re-deployment from another government department.
Following Dr Masuku’s appointment, the MP for Tswapong South, Dr Kesitegile Gobotswang, said such deployments can create conflicts of interest when parliamentary staff is required to make decisions affecting the Executive.
Dr Gobotswang – who is a former vice president of the BCP – was speaking in an interview with The Botswana Gazette.
Fear of insubordination
“The Parliamentary Counsel may be afraid to take decisions against the Executive, especially in situations where Parliament and the Executive are in conflict,” he said.
He asserted that parliamentary staff deployed from government ministries or departments rarely operate independently. Instead, he added, they tend to avoid making decisions that might be seen as insubordination.
“Most of the time, they do not act independently,” Dr Gobotswang said. “Their fear of being seen as defying the Executive undermines the autonomy of Parliament.”
More red tape
In his view, deploying officers from the public service to Parliament creates unnecessary red tape, thus weakening the ability of Parliament to assert its authority.
Dr Gobotswanag said the BCP believes that parliamentary staff should be fully insulated from government ministries in order to avoid undue influence and ensure legislative independence.
“We need people who are employed directly by Parliament, not this kind of deployment,” he asserted. “We need someone who will not be afraid to take independent decisions and who will grow within Parliament, gaining full knowledge of all its operations.
Constitutional review
He emphasised that Parliament should not be dominated by the Executive, saying such developments weaken democracy.
“We have a weak foundation of democracy that needs urgent review,” Dr Gobotswang stated. “That is why we are advocating for a comprehensive review of the constitution.
Dr Masuku is a law lecturer at the University of Botswana and a former State Counsel at the Attorney General’s Chambers. She was appointed Parliamentary Counsel last week.
Ability and credentials
Reached for comment, former deputy speaker of the National Assembly, Pono Moatlhodi, dismissed concerns that a redeployed Parliamentary Counsel could be biased.
“This is far from the truth because all the Parliamentary Counsels the National Assembly has had were redeployed from the AG,” he said.
“We have never had anybody from private practice appointed directly to the National Assembly. In appointing Parliamentary Counsel, we focus on ability and credentials.”
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