Civil Society fights 'flawed' constitutional amendment
Innocent Selatlhwa | Tuesday April 23, 2024 10:05
The Bill was read for the first time last week and was referred to Ntlo ya Dikgosi before it returns for a second reading.
They are led by the Constitutional Review Task Team, which is a group of CSOs and other stakeholders working in solidarity under BOCONGO, to “raise their voices against the failure of the proposed Constitution (Amendment) Bill, 2024 to address key reform issues essential for the enhancement of democracy, protection of fundamental rights, and strengthening of institutional independence in Botswana and call for process around constitutionalism and justice to all Batswana”.
Addressing the media last Thursday, the task team chairperson, Morena Monganja said they had complained since December 2021, after President Masisi, appointed a Presidential Commission of Inquiry in terms of Section 2 of the Commissions of Inquiry Act of 1962. Monganja said they openly raised concern around the selection and appointment of the Commission, the drawing up of their Terms of Reference, the determination of the timeframe, and the modes for public participation, which were done exclusively by the President and his advisors, and to the exclusion of Batswana at large.
“We recall that prior to the submission of its Report in September 2022, the Commission collected submissions from various CSOs, NGOs, movements, groups and individuals countrywide,” he said. “However, there is a countrywide lack of awareness and understanding of Batswana regarding Constitutional concerns and issues bringing into question the extent to which the Commission properly executed its mandate ensuring that Batswana can properly participate in the process, having been properly engaged and educated around the Constitution.” Monganja lamented that despite heavy criticism to this effect, the Report was considered through the authority of the President, who permitted the process to continue, resulting in the drawing up of what they consider a deeply flawed Bill that has since been gazetted in the Government Gazette dated March 12, 2024, and for 30 days until it was scheduled to be debated in Parliament on April 15, 2024, during a special virtual sitting. “The CSO Constitutional Working Committee notes with concern the lack of participatory processes allowing for Batswana to give feedback on the Bill during the 30 days and the failure of Batswana to be invited to hear deliberations around the Bill in Parliament on the date Parliamentarians sat,” he said. Monganja said they welcomed the positive developments introduced by the Bill, and strongly believe that a crucial and historic process for Botswana, such as this, requires a people-centred and driven approach. He emphasised the need for all current and future amendments to the Constitution of the country to be conducted through sound public participation and consultation processes allowing for a human rights, gender and equity lens to proposed amendments, for the benefit of Batswana. In its current form, the Bill lacks crucial elements of basic human rights, equity and democratic principles, a clear indication of the limited contribution and involvement of civil society organisations and other movements throughout the process. Monganja shared that the civil society therefore demands that: The Bill be immediately withdrawn and reviewed to include essential elements outlined for inclusion by CSOs; The amendment of sections 87 and 89 of the Constitution of Botswana and the further enactment of legislation (to be called the Botswana Constitution Review Act) that will inform a people-driven constitution-building process for the country.
The civic society also wants the Constitutional Review process to be restarted following informed public participation and an entrenched procedural law on the Constitutional review process. “We believe that these demands are crucial for ensuring a transparent, inclusive, and participatory constitutional review process that reflects the will and aspirations of the people of Botswana. We call on Batswana and all civil society organisations; The Church, Trade Unions, and other Professional bodies to join us in demanding a people-driven constitution-making process,” he stated. BOCONGO chairperson, Olebile Machete, said they are disappointed that while both the Minister and Assistant Minister for Presidential Affairs assured them from the beginning that the process would be people-centred, that is now not the case. He said they are ready to go to court over the matter. “Having done everything right, trying to engage the powers that be, we have since sought legal opinion to see if we can end up in court. We will also be continuing to engage with relevant stakeholders as we hope to address legislators at the General Assembly to present our objection.”