Africa-Press – Botswana. Consultations on the review of the Constitution form the basis of the Botswana value system that promotes discussion and allowing people freedom of expression.
This was said by MP for Goodhope-Mabule, Mr Eric Molale when debating the Constitution Amendment Bill of 2024 in Parliament on Monday.
Mr Molale, who was in support of the Bill, said it was about time that the Constitution was reviewed, having served Batswana well over the years.
He noted that the recommendations that formed part of the Bill, followed the lengthy countrywide consultative exercise conducted by the Presidential Commission of Inquiry into the Review of the Constitution of Botswana two years ago.
“The Bill clearly sets out separation of powers as opposed to what other colleagues from opposition aisle who say it does not recognise the principle of checks and balances as it overly empowers the President,” he said.
Mr Molale said the roles of three arms of government, the executive, legislature and judiciary, were clearly defined.
Regarding the proposed rights to health, education and work, he said it was in order that they be enshrined in the Constitution, adding however that ‘the Constitution does not define the process, but the subsidiary laws prescribe the process.
For example, the right to health, will be prescribed in the Public Health Act’. Contributing to the debate, Okavango MP, Mr Kenny Kapinga said Botswana’s democracy was not supportive of the ideals of democracy which included equality, freedom and government of the people by the people for the people. In that regard, Mr Kapinga said the Bill before Parliament sought to bring about amendments that eroded democracy.
“I do not see anything wrong with bringing back to office someone who once held a political office to be actively involved in politics or be given a political position in future, as long as he has requisite skills to perform such,” he said.
However, he said he agreed that someone who was once heads of state should not vie for same position again. “I support constitutional term limits for Presidents, but I do not support the idea to silence former Presidents,” he said. Like other opposition MPs, Mr Kapinga argued that the proposed Constitution piled more powers onto the office of the President.
Shoshong MP, Mr Aubrey Lesaso gave the Bill a thumb up, saying the commission had delivered the consultative exercise according to the terms of reference.
“The commission managed to articulate the concerns of Batswana and made recommendations on the review of the Constitution. The process was consultative and engaging as it also opened the scope to also consider other submissions not to do with the Constitution, and submitted a report with 93 recommendations related to the Constitution, primary legislation and policy,” Mr Lesaso said.
Subsequently, he condemned the views that suggested that the proposed Constitution overly empowered the President, arguing that the President was advised by Cabinet.
“I believe that necessary steps were taken to amend the Constitution because it was only progressive to realise that it should be amended after so many years, taking into account the capacity of the economy to implement what is being changed,” he said.
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