However, some religious groupings have not given up on the fight to have the Bill relooked into.
The Evangelism Fellowship of Botswana (EFB) who have been very vocal about the objection to the Bill, especially with regards to permitting same-sex relations will petition legislators as they meet. EFB is an umbrella body of Pentecostal and Evangelical churches in Botswana. EFB held a march in protest of the Bill on Saturday and would proceed to present a petition to the national assembly.
The organisation expressed grave concern at how the Government of Botswana seeks to pass into law, what they term an omnibus Constitution (Amendment) Bill 2024, No 4 of 2024. “The Bill has far-reaching and unprecedented consequences for the lives of Batswana and their hallowed decades-old democracy.
The Constitution is the supreme law of the land. It is the foundation on which all laws are made. Its review should be transparent, all-encompassing and inclusive,” they state. “It should not be hurried particularly in our case as it is the first post-independence exercise. While the Constitution should be responsive to changes as they emerge, such changes should not weaken nor undermine our long-term national values and aspirations.” They bemoan that government seeks to enact into law constitutional changes without prior extensive nationwide engagement with Batswana, including the conduct of a constitutional referendum.
They state that Batswana have the right to contribute to the second republican peoples-driven Constitution. Amongst the proposals in the Constitution (Amendment) Bill 2024, Bill No. 4 of 2024, they list; changes to the number of Specially Elected Members of Parliament from six to 10 by the President; the reconstitution of Ntlo Ya Dikgosi and an increase from five to 10 members appointed by the President; the changes in the appointment of Judges, which they say will make it less transparent and give the President more discretionary powers in their appointment. “The Judiciary is our last line of defence. It offers the sacred protection of every man and woman. The influence of the Executive should be limited,” they assert. They further state that there are other provisions that in their view have not been canvassed for and endorsed by Batswana. “Protecting the rights of intersex persons is welcome, but should be provided for through an ordinary Parliamentary statutory Bill through which elaborate and well-articulated processes and procedures will be promulgated," they state.
"The said law would guide the processes from birth to the termination of the procedures to establish the person’s identity. This will cause the amendment of the National Registration Act to accommodate the circumstances of the intersex persons." The church body further submits that the raised issues are not exhaustive adding that in their view, the Bill falls far too short for a real people’s informed process. “Batswana has been shortchanged by the Bill. Batswana crave for the independence of oversight institutions; direct election of the President; predictable election date; etc. These ideals are not included in the Bill,” they state. EFB urges legislators to support their views and be audible and loud enough to be heard in the rejection of the Bill, should the government not voluntarily withdraw it for engagement and consultations “to afford Batswana their inalienable right to shape their national constitution".
