Constitutional (Amendment) Bill likely to return after elections

The celebration for the failure by Parliament to pass the controversial Constitution (Amendment) Bill, 2024 (No. 4 of 2024) might be short-lived if President Masisi’s wish comes to pass and if the Botswana Democratic Party is returned to power.

Efforts by the BDP to use its numerical numbers to have the Bill passed last week were thwarted by the boycott of voting by opposition members and some BDP MPs who decided not to support the Bill.

The Bill sparked debates as it has been argued that it does not represent the will of Batswana but that of the ruling party and its leader.

Ahead of the Bill being brought to Parliament, President Mokgweetsi Masisi told a BDP gathering in Tlokweng that if it fails to pass they will fix the situation as soon as they return to power post next month’s general election. He indicated that as the government of the day they have delivered a comprehensive Constitutional review. He stated that all BDP MPs make a two-thirds majority to ensure the Bill passes.

“I must hasten to add that only two MPs will not be in Parliament. So there will be only two votes missing. I am taking with me only minister of foreign affairs and this is the first time I take with me a thin delegation,” Masisi who was travelling to China last week, said.

Masisi instructed the BDP MPs not to miss the session or give excuses. He said if the Bill fails to pass, it will be the legislators who would have failed him.

“They should not give excuses for the Bill to fail. But you know we are coming back. When we come back whatever that needs to be fixed, we will fix it,” Masisi said.

Some of the proposed amendments seen as controversial are that the President must have the sole authority to appoint the IEC Secretary, potentially without external oversight; the President have the direct power to appoint the Chief Justice and President of the Appeals Court, potentially reducing the role of the Judicial Service Commission (JSC); and the President have the power to appoint 10 specially elected members directly, and to appoint 10 members to Ntlo Ya Dikgosi.

The opposition and the civil society have vigorously opposed the Bill from its infancy stage arguing that it does not represent the will of Batswana.