Africa-Press – Botswana. Member of Parliament for Ghanzi South, Mr Motsamai Motsamai, says the Constitution Amendment Bill of 2024 is not clear about independence of oversight institutions.
Contributing to the debate on the proposed amendments to the country’s supreme law, Mr Motsamai argued that the judicial system and Independent Electoral Commission (IEC) appointments remained questionable if their employment depended on nominations by the President.
“Nomination of people to these positions compels them to remain loyal to the person who appointed them,” he said. “To me, this does not auger well with what we are trying to amend.”
On other issues, Mr Motsamai said rights to work, health and education were just pronouncements that were not feasible under the current status quo where budget was never enough.
He added that the right to clean water should have been considered because many Batswana were still subjected to unclean water at Charleshill and Makunda.
In that regard, he was of the view that instead of appointment of 10 specially elected MPs, the budget to sustain such positions should be used for other developments and improve the lives of Batswana.
On one hand, he said, the government was tempering with the democracy processes and regulation of elections because ballots were still not counted at voting centres.
Mr Motsamai said rights for people to practice their own culture should be enshrined in the Constitution because minority tribes from his area were subjected to speak the languages they were not accustomed to, something that disadvantaged them.
“We should be free to speak our own languages and express ourselves in the simplest and comfortable way we can,” he said.
Also contributing to the debate, Kanye North MP, Mr Thapelo Letsholo, concurred with other legislators that the focus on the exercise to amend the Constitution was to review some clauses and not completely overhaul the Constitution.
Mr Letsholo said while it was impossible to reach a consensus, he was happy that all Batswana were given a chance to contribute to the review of the Constitution at their dikgotla during consultations meetings.
In that regard, Mr Letsholo said it was then up to the legislators as peoples’ representatives, to fill in the gaps.
On the other hand, he suggested that Batswana should be taught their Constitution as was the case in other countries.
On other clauses, the MP welcomed the rights to health and education, saying such would give Batswana an added advantage to demand what had been enshrined through the Constitution and government would also prioritise budget for education and health.
He however rejected the proposed amendment to remove MPs from their positions for misbehaviour, arguing that would create room for abuse because there were no yardsticks for misbehaviour.
Instead, he suggested that Parliament should have a disciplinary committee that would deal with such issues.
Regarding election of members of Ntlo Ya Dikgosi, he said in his constituency, they had made it clear that the paramount chief should not be subjected to nominations, but other members who performed some functions of bogosi should be voted.
He also submitted that other rights should include right to business and laws that protected such right given that some businesses that Batswana irked a living with were subjected to closure during the State of Emergency, something he said was not covered by the Constitution.
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