Tshekedi risks losing his Parliamentary seat
Member of Parliament for Serowe West Tshekedi Khama risk losing his Parliamentary seat and causing a by- election if he fails to attend the current Parliament sitting.
The MP fled the country in March last year following his arrest and detention together with his wife Thea and his twin brother Anthony Khama. The trio was arrested and detained at Sebele by agents of the Directorate of Intelligence Service (DIS).
Following their release, they travelled to South Africa where they met their elder brother former President Ian Khama. While is South Africa Tshekedi was able to attend the Winter session virtually but it was only for a short time.
Minister for State President Kabo Morwaeng then moved a motion that barred MPs from attending Parliament virtually when outside the country.
Speaker of the National Assembly, Phandu Sekelemani told Botswana Guardian that Tshekedi has not notified him about his absence in Parliament.
According to the Speaker, Parliament is not aware if the MP could be out of the country and failing to attend Parliament because he could be fearing for his life.
“However, it should be noted that all MPs are free to attend Parliament Business. According to the law with reference to section 68 (1) (b) of the Constitution of Botswana, and Standing Order 16.2 a Member missing two consecutive meetings of the same session without leave from the Speaker shall vacate the seat. Hon. Khama has missed one meeting,” Skelemani said.
He added that in the case where an MP has abandoned his or her constituents, the Constitution does not provide for any remedy in the meantime. The relevant instruments for reference in such situations are the Standing Orders of the National Assembly of Botswana and the Constitution of Botswana.
According to the law, there are only four instances that Members of the Assembly may vacate their seat; firstly, by the dissolution of Parliament, secondly, by a Member missing two consecutive meetings of the same session without leave of absence from the Speaker, thirdly, by a Member resigning from a political party he or she was a candidate in the Assembly or floor crossing, and fourthly in circumstances that are included under section 68 (2) of the Constitution of Botswana.
These include when a Member is of unsound mind, sentenced to death or imprisonment, declared insolvent and or convicted of an election offence.
The Speaker explained that furthermore, Laws under Parliament known as Standing Orders of the National Assembly of Botswana and as referred to by the Constitution as rules of procedure of the Assembly provides at standing order 16.1 that any member who is unable to attend a meeting of the Assembly shall acquaint the Speaker as early as possible of his or her inability to attend.
He indicated that Standing Order 16.2 states with reference to section 68 (1) (b) of the Constitution of Botswana that the seat of any Member shall become vacant if, without the leave of the speaker obtained in writing before the end of the last meetings referred to in this paragraph, that Member is absent from the Assembly for two consecutive meetings occurring during the same session. Efforts to get a comment from Tshekedi and from Justice Motlhabani who mans the constituency office were futile at press time.