Constitutional Review must serve the nation not narrow partisan interests

Over the years there have been calls from various quarters for a holistic constitutional review in Botswana. These calls were reiterated this week during a Constitutional Review workshop organised by the Botswana Council of Non- Governmental Organisations ( BOCONGO) in collaboration with the South African Institute of International Affairs ( SAIIA).

In the past 55 years since Botswana gained independence, there have been only a few constitutional amendments.

This is despite the many calls from pressure groups, including opposition parties for the country to undertake a comprehensive constitutional review.

Proponents of a comprehensive constitutional review have been calling for the constitution to be holistically amended to cater for political party funding, while others called for a change of the electoral system to increase women’s representation and disadvantaged members of the society in Parliament and Councils.

Calls for the direct election of the state president have also been made. During the 2019 campaign trail, the ruling Botswana Democratic Party promised a comprehensive constitutional review once re- elected into power.

President Mokgweetsi Masisi spoke the loudest about the issue.

However, it looks like the President and his party were just electioneering. The energy that the President exuded before the elections when he addressed the issue has all of a sudden waned.

Since being re- elected back into power the BDP has not been too keen to heed calls for a holistic constitutional review rather choosing to have piecemeal constitutional reviews that will only benefit the party and its elected members.

This week when speaking at the BOCONGO event, Assistant Minister for Presidential Affairs, Governance and Public Administration, Dumezweni Mthimkhulu was noncommittal on whether the government is ready to embark on a constitutional review.

The junior Minister took the precautionary route when talking about the issue.

Although he said that at the appropriate time, the process of consultations on the review of the constitution will commence, Mthimkhulu cautioned that we must all be mindful that the constitution is a sensitive document and should, therefore, be reviewed with utmost caution and sober minds.

“I am certain that nobody in Botswana wishes for this envisaged process to be a cause of untenable divisions amongst us. Thus far, we have been a united and proud nation, and we must maintain the status quo.

So, once the process commences, this attitude must inform us every step of the way”, Mthimkhulu said. The Minister, however, did not say when the process would start.

Constitutional reviews should work for all citizens, not a select few.

The constitution as stated by the Irish- based DECISIS Law Reports serves two broad functions; it is an enabling document, setting out the rules of government: how to elect the people to power, and the procedural checks and balances on their use of it.

It also serves as a bill of rights, creating personal protections of people from the government and - to a certain extent - from each other. So changes are surely needed, but not in a piecemeal manner and not to serve a few individuals.

The constitution must be reviewed to align it to present day challenges that every Motswana faces, and not to address the challenges that the BDP is facing.