The BDP way or the highway

While the Report of the Presidential Commission of Inquiry into the Review of the Constitution has set tongues wagging with the public criticising most of the recommendations by the commission, the ruling Botswana Democratic Party (BDP) is the biggest benefactor from the report, Botswana Guardian has established.

The 18-member commission led by retired Chief Justice Maruping Dibotelo which was appointed by President Mokgweetsi Masisi on 17th December 2021 recently handed over its report to the president after a nine-months tour of the country.

The Report has been received with mixed feeling by members of the society especially on some of the recommendations which went against public opinion and others which are already in motion.

While many criticised some of the recommendations including opposition political parties, the BDP on the other hand will be the biggest winner if the president approves most of the recommendations.

From the beginning the establishment of the commission has been marred by controversy with some sectors of the society questioning the terms of reference for the commission and accusing Masisi of failure to take on board key stakeholders ahead of appointing the commission. The opposition indicated that the whole process is a fraud and called on the public not to participate in it.

The Commission has recommended to the President that the call for direct election of the president should not be acceded to because it has shown in other democracies to be risky and could destabilise the country.

President Masisi together with Minister for State President have on several platforms spoken against the direct election of the President. The commission, while advising against the direct election of the president admits however that majority of Batswana called for such, as is the case with Members of Parliament and Councillors.

Reasons advanced for the direct election of the president were that it will enhance the democratic dispensation in Botswana by essentially transferring power to the electorate. It was submitted that the direct election of the president gives the electorate the opportunity to independently cast a ballot for a presidential candidate, thus holding the president accountable for policy outlines which he or she promised.

Those in favour of the current system of election of the President through a majority of elected Members of Parliament contended that this system has preserved stability and peace in Botswana since independence.

The commission agrees that direct election of the president has not worked well in some countries. Further, it takes the view that if the President is directly elected, there is a risk of candidacy based on the person’s wealth

notwithstanding that the person does not have a support structure in the form of a political party and/or ideology.

The BDP has scored big also after resolving for the dismantling of the central district during its 58th National Council in July this year in Gaborone. The party has argued that this was meant to make it easy for distribution of services. The council resolution is viewed by many as an indirect ploy to dismantle the Central District and appease many who have been agitating for independence from the Khama dynasty.

Widely known as GaMmangwato, the Central District is the largest in Botswana, with a population of over 575 000. It is the traditional homeland of the Bangwato. The Serowe Administrative Authority, lords over the whole Central District and supersedes all other minority sub-districts like Bobonong, Letlhakane, Mahalapye, Tutume, Tonota and Palapye.

Government has approved that 11-sub districts be upgraded to full district under phase one. The Sub-Districts which have been approved for upgrading under Phase 1 are Goodhope, Molepolole, Mogoditshane, Letlhakeng, Mahalapye, Tutume, Boteti, Maun, Okavango, Tsabong and Hukuntsi.

Minister of Local Government and Rural Development Kgotla Autlwetse recently stated that the necessary processes and procedures meant to facilitate implementation of this decision have started.

The minister explained that in accordance with the provisions of Local Government Act of 2012, which outline the statutory functions of Councils and all governance issues administered by Councils, Government has approved a request to restructure seven Councils by upgrading 15 Subordinate Authorities to fully-fledged Councils and merge seven Subordinate Authorities with District Headquarters.

While the process is ongoing, the Commission has recommended same in its report. Interestingly the Commission has also recommended for change of naming of the districts along tribal territories arguing that it fuels tribalism, which was also captured in the BDP resolutions.

The ruling party during the National Council demanded in the resolutions that “all the land within such districts should not bear names that confer or intimate ethnicity in their naming and or administration, as a way of buttressing national unity. The same should be extended to existing districts.”

The BDP has openly spoken about the return to politics by former presidents. This came after former President Ian Khama formed a splinter party in 2019, Botswana Patriotic Front (BPF) only three months into the general election. Since then the BDP has criticised this move and called for legislative intervention.

The opposition has not taken a stance on that and observers were of the view that at the time Khama’s influence was working for the opposition and he managed to destabilise the BDP in the central district, which is the party’s stronghold. The opposition was however against such a person running for presidency of the country.

On this issue, the Commission recommended that a retired president who has served two terms, that is 10 years, should not return to active politics.

On the issue of political party funding the commission stated that it has to be introduced and be based on parliamentary seats won by parties in the immediate past general election, at the rate of not less than P50 000, or such amount that may be determined by Parliament from time to time, per Member of Parliament.

This is seen as having no impact on levelling the playing ground in terms of financial muscle as this will give the BDP the upper hand in getting more funds. In 2020 government through the Assistant Minister of State President Meshack Mthimkhulu indicated that political party funding is going to have some far-reaching consequences on the budget itself or national coffers and political parties.

According to Mthimkhulu this will also have impact on how political parties should conduct themselves. The assistant minister said there has to be vigorous consultations on the approach to adopt when dealing with political party funding.

Mthimkhulu said he would not commit to timelines on when the All-Party Conference will be called for the issue to be discussed. The All-Party Conference which, President Mokgweetsi Masisi promised will frequently meet, met only once in 2019.

When it met early in 2020 it was on emergency basis when Masisi wanted the input of political parties regarding his intended State of Emergency following the outbreak of the COVID-19 pandemic.

Alliance for Progressives (AP) Secretary General Dr. Phenyo Butale said they reject the Report. He indicated that their reading of the President’s move is that it is irrational and unconstitutional. The AP revealed that it is taking legal advice on the matter to consider whether to interdict the process or not. The AP has called on other stakeholders to reject the report and demand a consultative process from the beginning.

According to Dr. Butale, the president has no powers to amend the constitution because that power belongs to Parliament.

Botswana Congress Party (BCP) has also thrown its weight in calling for the rejection of the entire process. BCP was the first political party to report the president to diplomatic missions for failing to take onboard stakeholders on the entire process.

BCP Information and Publicity Secretary Professor Mpho Pheko has argued that the Report represents the views of the commissioners and not of Batswana. She said the outcome of this exercise has vindicated the opposition view that the president chose a wrong selfish approach to the constitutional review.

According to the BCP spokesperson the recommendations passed on to the president are nothing but a wish list from the president himself. President of the Umbrella for Democratic Change, Duma Boko argues that the commission was a farce from the get-go.

"It had no structural ambition. It was a futile charade from the very manner it was conceived and constituted," Boko said when asked about his views on the report. The country is crying out for a proper comprehensive review of its constitution, Boko said.