Heightened calls for restart of constitutional review process
The Umbrella for Democratic Change (UDC) joins civil society organisations led by BOCONGO, some dikgosi and tribal groups in opposing what they call an attempt by the elites in the Presidency and Executive to hijack the process of the Constitutional review.
Leader of Opposition, Dithapelo Keorapetse said in Parliament on Monday that Parliament has not been called to meaningfully participate in the process, but has been convened to rubber stamp the wishes of the president, his cabinet and political party.
“These wishes are diametrical opposite of the people,” he said.
Keorapetse, who is also Member of Parliament for Selibe Phikwe west, further said the UDC blatantly opposes the Constitutional Amendment Bill that was presented before Parliament this Monday for the second reading by Minister for State President, Kabo Morwaeng.
Keorapetse told Parliament that the UDC will at the end of the Second Reading move in accordance with Standing Order 75 and propose that the Bill be committed to a Special Select Committee on the Review of the Constitution with all parties represented therein to file submissions from Batswana about the Bill and advise Parliament on the way forward.
“This Bill is a fraudulent document. It is a draconian document. It encapsulates narrow views of the executive and not the people. It is an emotive piece of legislative proposal aimed at among others, Ian Khama and Unity Dow.
“The government is not prepared to listen to anyone. They just want to tick the box to go to the 2024 polls and say ‘promise delivered’,” Keorapetse said, adding that civic organisations should campaign for a No Vote if the Bill is subjected to a referendum and Batswana must vote No.
According to the Leader of Opposition, UDC is of the view that the only decent thing the Minister for State President can do is to withdraw the Bill and restart the process.
“Government must explore more inclusive means to review the constitution. The Constitution must be of, by and for Batswana. It doesn’t belong to the ruling elites or the President and his political party,” Keorapetse said.
The UDC believes that there is a need to enact a Constitutional Review Act with provisions and clear regulations under it on extensive and all-inclusive constitutional review process.
Keorapetse said the UDC and many Batswana including civil society organisations hoped that the Constitutional Review process would address thorny issues of improving and modernising Botswana’s democracy.
He said the UDC 2019 Manifesto stated that to democratise the state and build competent and accountable institutions of government, the UDC would undertake comprehensive governance reforms.
The Manifesto stated that the new constitution would among others include a bill of rights that guarantees citizens first and second-generation human rights. It would also provide for independent oversight and accountability institutions, as well as a review of the powers of the Presidency.
Keorapetse added that the UDC also promised to review the electoral system, and provide for enhanced inclusion of women, youth and disadvantaged groups in representative leadership.
He concurs with civil society organisations that government got it all wrong from the beginning.
“While there is a consensus in Botswana that there is need for a review of our Parent Act, this does not in any way entitle anyone, however powerful they many think they are, to dominated the whole process to the detriment of everyone else,” Keorapetse said.
Keorapetse believes that a constitution review without curatorial and language rights is incomplete and incompatible with modern Botswana society. “Subjugation of other people by others should have ended with this review process,” he said.
Meanwhile, making a presentation for a fair constitutional dispensation to the General Assembly, Tendekani Malebeswa said on behalf of Bakalanga that there has never been any attempt to deal with the 1965 Constitution as well as Tribal Territories Act that codified a caste system in Botswana, where eight Tswana tribes are recognised as the only ones deserving permanent seats in the Ntlo ya Dikgosi, “while the second or third tier citizens go in and out through a revolving door.”
The Constitution itself, which is supposed to protect “our fundamental rights is the one that categorises us as second class citizens,” he said, adding that these laws are enforced by the State, with formidable coercive powers and other resources at its disposal.
He added that at the epicentre of the Constitution sits an undemocratic institution, the Ntlo ya Dikgosi, whose oxygen is supplied by an equally iniquitous and anachronistic piece of legislation known as the Tribal Territories Act.
Malebeswa said following intensive engagements with their communities in Nkange, Nshakazhogwe, Masunga and Mulambakwena, as well as through other platforms, they submitted two points to the Constitutional Review Commission, one relating to language, and the other relating to their request that Bukalanga be declared Bukalanga Tribal Territory made up of the North East District.
Leader of Opposition, Dithapelo Keorapetse said in Parliament on Monday that Parliament has not been called to meaningfully participate in the process, but has been convened to rubber stamp the wishes of the president, his cabinet and political party.
“These wishes are diametrical opposite of the people,” he said.
Keorapetse, who is also Member of Parliament for Selibe Phikwe west, further said the UDC blatantly opposes the Constitutional Amendment Bill that was presented before Parliament this Monday for the second reading by Minister for State President, Kabo Morwaeng.
Keorapetse told Parliament that the UDC will at the end of the Second Reading move in accordance with Standing Order 75 and propose that the Bill be committed to a Special Select Committee on the Review of the Constitution with all parties represented therein to file submissions from Batswana about the Bill and advise Parliament on the way forward.
“This Bill is a fraudulent document. It is a draconian document. It encapsulates narrow views of the executive and not the people. It is an emotive piece of legislative proposal aimed at among others, Ian Khama and Unity Dow.
“The government is not prepared to listen to anyone. They just want to tick the box to go to the 2024 polls and say ‘promise delivered’,” Keorapetse said, adding that civic organisations should campaign for a No Vote if the Bill is subjected to a referendum and Batswana must vote No.
According to the Leader of Opposition, UDC is of the view that the only decent thing the Minister for State President can do is to withdraw the Bill and restart the process.
“Government must explore more inclusive means to review the constitution. The Constitution must be of, by and for Batswana. It doesn’t belong to the ruling elites or the President and his political party,” Keorapetse said.
The UDC believes that there is a need to enact a Constitutional Review Act with provisions and clear regulations under it on extensive and all-inclusive constitutional review process.
Keorapetse said the UDC and many Batswana including civil society organisations hoped that the Constitutional Review process would address thorny issues of improving and modernising Botswana’s democracy.
He said the UDC 2019 Manifesto stated that to democratise the state and build competent and accountable institutions of government, the UDC would undertake comprehensive governance reforms.
The Manifesto stated that the new constitution would among others include a bill of rights that guarantees citizens first and second-generation human rights. It would also provide for independent oversight and accountability institutions, as well as a review of the powers of the Presidency.
Keorapetse added that the UDC also promised to review the electoral system, and provide for enhanced inclusion of women, youth and disadvantaged groups in representative leadership.
He concurs with civil society organisations that government got it all wrong from the beginning.
“While there is a consensus in Botswana that there is need for a review of our Parent Act, this does not in any way entitle anyone, however powerful they many think they are, to dominated the whole process to the detriment of everyone else,” Keorapetse said.
Keorapetse believes that a constitution review without curatorial and language rights is incomplete and incompatible with modern Botswana society. “Subjugation of other people by others should have ended with this review process,” he said.
Meanwhile, making a presentation for a fair constitutional dispensation to the General Assembly, Tendekani Malebeswa said on behalf of Bakalanga that there has never been any attempt to deal with the 1965 Constitution as well as Tribal Territories Act that codified a caste system in Botswana, where eight Tswana tribes are recognised as the only ones deserving permanent seats in the Ntlo ya Dikgosi, “while the second or third tier citizens go in and out through a revolving door.”
The Constitution itself, which is supposed to protect “our fundamental rights is the one that categorises us as second class citizens,” he said, adding that these laws are enforced by the State, with formidable coercive powers and other resources at its disposal.
He added that at the epicentre of the Constitution sits an undemocratic institution, the Ntlo ya Dikgosi, whose oxygen is supplied by an equally iniquitous and anachronistic piece of legislation known as the Tribal Territories Act.
Malebeswa said following intensive engagements with their communities in Nkange, Nshakazhogwe, Masunga and Mulambakwena, as well as through other platforms, they submitted two points to the Constitutional Review Commission, one relating to language, and the other relating to their request that Bukalanga be declared Bukalanga Tribal Territory made up of the North East District.
