'Our Parliament stands on threshold of history'- Gobotswang
Member of Parliament for Sefhare – Ramokgonami, Dr Kesitegile Gobotswang argues that the Constitution Review document currently before parliament is intended for posterity, and no previous parliament has faced such a pivotal moment.
He emphasised that the outcomes of their decisions will impact future generations, stating that they have the choice to be remembered either as legends or as lackeys. Gobotswang drew a parallel to former US President Abraham Lincoln, who is celebrated for abolishing slavery, suggesting that they too could be remembered for ending ethnic inequalities by repealing the Tribal Territories Act.
He urged all legislators, regardless of party affiliation, to produce a ground-breaking document. Addressing Members of Parliament, he highlighted the opportunity to eradicate the remnants of colonialism and institutions that perpetuate the subjugation of one ethnic group by another.
Gobotswang also noted that a major hindrance to progressive thinking is the tendency to reduce a document that should embody national values, customs, and vision to personal interests. He pointed out that when people refer to the President, they often think of Mokgweetsi Masisi; when they mention the Chief Justice, they think of Terrance Rannowane; and when they talk about the former President, they assume it’s Ian Khama.
Similarly, references to Specially-Elected Members of Parliament bring to mind individuals like Unity Dow or Beauty Manake. Such perspectives hinder proper decision-making, he argued.
Gobotswang stressed that it would be shameful if this crucial mission was used for political battles. He noted that in the past, constitutional amendments have been used to manage factional conflicts within the ruling party.
It is important, he said, to remember that Botswana is a Republic because it is democratic—a government of the people, by the people, and for the people, meaning that power rests with the citizens. Parliament and the Executive derive their authority from delegated power.
"The voice of the people is the voice of God," he said.
Gobotswang questioned where the Commission gets the authority to reject recommendations from the people, such as the direct election of the President. He found it even more concerning when a President, not directly elected by the people, and his cabinet reject these recommendations.
Under this government, he argued, the voice of the people does not matter. He urged Parliament to refuse to be complicit in undermining the people's voice, pointing out that the government included amendments rejected by the people, such as increasing the number of Specially Elected Members of Parliament from six to 10. Gobotswang stated that from the outset, opposition parties, civic organisations, church groups, and unions called for an inclusive process. However, this did not happen because the government chose the more convenient route of a Commission of Enquiry.
He explained that a Presidential Commission, as the name implies, is primarily under the control of the President. The commission reported directly to the President, who determined the process, selected the Commission members, and decided which recommendations would be presented to Parliament and which would be discarded.
Consequently, parliament is now being asked to simply endorse what the President and his cabinet have decided. Gobotswang said that the Botswana Congress Party aligns itself with those advocating for a people-driven constitutional review.
This stance is clearly articulated in the BOCONGO Position Paper titled. "WE THE PEOPLE: NEGOTIATING A TRANSITION TO THE SECOND REPUBLIC: A HUMAN RIGHTS-BASED CONSTITUTION FOR BOTSWANA," which takes inspiration from a BOFEPUSU-BFTU Position Paper. To achieve this, he emphasised the need to follow international best practices for constitutional reviews, noting that Botswana is not the first country to undertake such a process.
"We need to convene a people's assembly to agree on the process, including what to do, how to do it, and establish a timeline. This should involve public consultations, the introduction of a Constitutional Review Act to ensure a transparent, inclusive process, and democratic governance.
“There should be thorough debates on draft sections at constituency forums and a National Constitutional Conference, guided by both local and international constitutional experts."
Gobotswang further emphasised the need for a comprehensive and transformative review of the constitution aimed at building strong institutions rather than powerful leaders, ensuring a true separation of powers. He criticised as regressive, the current arrangement where Parliament is under the Office of the President.
He pointed out that having the DCEC under the Office of the President fosters corruption, as evidenced by Afro-barometer reports, indicating that most Batswana believe the Office of the President is corrupt.
The IEC is also under the President's control, with the Secretary and staff appointed by the government or the President, making it no different from the previous system. He highlighted the problematic relationship between the current IEC and the Zimbabwe Electoral Commission (ZEC), influenced by the President's connections.
Gobotswang questioned why a President, not directly elected by the people, should appoint 10 Specially-Elected Members of Parliament (SEMP) and 10 Members of Ntlo Ya Dikgosi.
If SEMPs are meant to enhance representation of women, persons with disabilities, and marginalised groups, the system should be designed to reflect that aim, as it currently fails to address the significant gender gap among elected representatives.
He argued that to truly address gender inequality among elected representatives, a mixed electoral system should be adopted.
Additionally, increasing the number of constituencies and wards would help avoid excessively large constituencies like Tswapong North and wards covering multiple villages such as Pilikwe-Mhalapitsa-Maape or Machaneng-Letoreng-Matlhako. He concluded that the current SEMP arrangement is outdated and inadequate.
Gobotswang, who is famous for shooting from the hip, further argued that the provision of allowing parliament to remove an MP for misbehaviour (misconduct, mischief, disobedience) is undemocratic.
He questioned whether the house should be run like a military barracks, pointing out the absurdity of removing an MP who was elected by over 9 000 people. He asked what would happen to the freedom of speech and immunity of elected representatives in such a scenario.
He stated that the Botswana Congress Party (BCP) has always advocated for second-generation rights, such as using mother tongues as mediums of instruction, and emphasised rights to education, health, the right to strike, and the right to work as important additions in the revised constitution.
However, the BCP believes that simply having the right to education and health is not enough; they advocate for the right to quality education and healthcare. Gobotswang expressed support for the recommendation on the right to shelter from Ntlo Ya Dikgosi.
He aligned the BCP with views articulated by the Bakalanga, BOCONGO, and The Gender Commission, stating that no one should be discriminated against based on gender, culture, or language.
He called for languages to be spoken in Parliament and in public and community radio stations, arguing that using mother tongues as mediums of instruction should extend beyond the classroom.
On tribal neutrality, Gobotswang mentioned that the idea is to appoint Members of Ntlo Ya Dikgosi by districts rather than tribal territories.