Parliament under siege

New standing orders proposal by Minister Morwaeng Speaker’s powers will be curtailed Mention of President in parliament to be outlawed Masisi seeks to get rid of the backbench caucus

‘ Project deteeth parliament’ is in progress as the Botswana Democratic Party ( BDP) led government has launched a new approach to shedding off powers from Parliament, with a proposal of standing orders, threatening the existence of the backbench, let alone, the watchdog role of parliament.

The government has launched an onslaught on the National Assembly through the amendment of the Parliament Standing Orders, which will see Powers of the Speaker of the National Assembly, Pandu Skelemani reduced and the BDP, especially the executive, having its way in the house. So far, the BDP, through its numerical strength in the cabinet is in control of Parliament. The party has more ministers than the backbench which is expected to keep tabs on the executive, together with the opposition MPs.

Botswana Guardian can reveal that a position has already been taken to support and approve all the Proposed Amendments expected to be tabled in the coming Winter session by Minister for Presidential Affairs, Governance and Public Administration Kabo Morwaeng. This week the Parliament Committee on Standing Orders and Reforms chaired by MP for Serowe South, Leepetswe Lesedi was on a retreat at Tuli Block where it is to deliberate on the proposed Standing Orders.

Botswana Guardian has established that while the committee has called for MPs to submit their suggestions on the amendments of the Standing Orders by deadline on the 25th April 2022, by the 21st April 2022, MPs had not done so and only Morwaeng’s proposal which has been presented and approved by cabinet, reached the committee.

The Committee retreat has been labeled by sources as just a formality as a decision has been taken for the ruling party to use its numbers to push for the adoption of the amendments. This is said to be a plan to achieve key political objectives such as to constrain the opposition and get government more time and dominance in Parliament. The powers of the Speaker, some provisions of the Standing Orders and the broadcasting of Parliament has been seen as an impediment for the government to have its way in Parliament.

Currently, there are 25 Portfolio and Standing Committees of Parliament and eight Interparliamentary Bodies. As things stand, most of the committees are chaired by opposition MPs and the BDP want to change the status quo.

Botswana Guardian investigations have also uncovered that

President Mokgweetsi Masisi has instructed that the BDP backbench should cancel their caucus meetings. The President wants the backbench to only participate in the ordinary Parliament Caucus Meeting which is attended by all BDP MPs as per the Constitution. This is said to guard against the backbench being ‘ rogue’ and conniving to work with the opposition on issues they are against. The current BDP backbench has for a long time been at loggerheads with Masisi’s cabinet on the running of government business. The backbench has also at some point summoned the President, something uncommon in the BDP. The backbench caucus is perceived as one of the reasons why the MPs have not been having a good relationship with cabinet and at some instances sabotaging Bills presented by the ministers. The backbench caucus has been a courteous offering by the party for the MPs and is not catered for in the party Constitution.

Morwaeng, in his Proposed Amendments for Consideration and Approval by Parliament requested to introduce Standing Order 53.1 ( d) to enable Point of Correction of Fact, and it must be accorded the same treatment as that of points of Procedure and Order.

“Point of Correction, Point of Procedure and Point of Order may not be expanded to debate or elucidation. The membership of all committees must reflect the proportion of political party representation in the House, including the Business Advisory Committee. The Speaker shall be a non- voting member of any committee. The Speaker shall not be allowed to debate any matter in Parliament. The Leader of the House must be allowed more time than other recognised leaders during all debates in order to represent the government position. This buttresses Standing Order 53.4,” said Morwaeng in his proposal.

He said unless in exceptional circumstances, urgent motions must be given 48 hours notice period before presentation in Parliament. He said the Speaker shall afford the mover and the Portfolio Minister an opportunity to appear before him in chambers before deciding on the urgency of the motion.

“In order to found urgency, the Member must ensure that the motion satisfies the following factors: the motion could not have been noticed earlier; if not tabled immediately, the adverse circumstances that it seeks to address cannot be solved later; and the motion must be more urgent than those that are already on the Order Paper. In the event that the Speaker deems the motion to be urgent and worthy of presentation to Parliament, while the Minister insists it is not urgent, a question of urgency shall be put to the General Assembly. The Portfolio Minister must always be given ‘ Priority’ to be the first to respond to any motion immediately following the mover’s presentation,” says Morwaeng.

According to Morwaeng, all statements made by MPs must be given not less than 48 hours’ notice and the Portfolio Minister must be given a copy of the statement that has been submitted for consideration by the speaker. He stated that the Portfolio Minister must as well be given an opportunity to respond at the end of the short questions and response by the mover of the statement. He proposed that during voting, any vote that is preceded or followed by comments from the voter shall be classified as a spoilt vote.

“Remove/ delete Standing Order No. 23.2 and replace it with Standing Order No 57.6 which says; ‘ the name of the President shall not be used in a derogatory manner, disrespectfully or impute any improper motives in the person of the President in any Parliamentary debate.”

BDP Chief Whip, Liakat Kably said he could not comment on the issue of Standing Orders proposals as he is a member of the Portfolio Committee. On the instruction by the President, Kably who is also MP for Letlhakeng- Lephephe said he is not aware of such and if the President, “is transparent and open with all, has such a suggestion, I know he would put it before us for debate and consideration as BDP MPs.

I know he is open to consultation and debates and if it is for the good of the party, I do not see why we would not support it and if others are against it, it will motivate their reasons as to why the status quo should remain.”

Leader of Opposition, Dumelang Saleshando said it has been clear that the BDP wants greater control of Parliament. He said the Leader of the House has at different times on the floor of Parliament made statements that expressed a desire to have the Executive controlling Parliament.

“Recently a BDP MP presented an urgent motion calling for the Standing Orders to be reviewed and composition of Parliamentary Committees reviewed.

The BDP view is that having won elections, they should have full control, not only of the Executive, but also of Parliament. Once more, this demonstrates that pledges for running an inclusive government as was proposed by President Masisi when he was sworn into office, were false. Separation of powers and allowing Parliament to play its oversight role cannot happen under BDP,” Saleshando said in an interview.