The voice of the people cannot be ignored!

Botswana has enjoyed being on a pedestal since independence as the shining example of democracy in the region.

This however, has been challenged by civil society organisations ( CSOs) following the presentation of the Constitutional ( Amendment) Bill 2024 by Minister for State President, Kabo Morwaeng. CSOs have now come out to unapologetically condemn the way government wants to approach the constitutional review process. This, in their view, threatens the integrity of the country’s democratic principles.

At this point, it is extremely important that President Mokgweetsi Masisi together with his advisors consider the views of all constituents regarding the constitutional review.

As a leader, and captain of this ship, the President has immense responsibility to steer Botswana in the direction that will ensure safe arrival of all on board. While he upholds that insurmountable task, he ought to pause and listen to the voices that often seem so insignificant. Opposition parties have made a lot of noise in the past and clearly aired their apprehensions regarding the approach that the President is taking towards the constitutional review. They have on numerous occasions emphasised the fact that the constitutional review is not a mere project of the ruling Botswana Democratic Party, but a national project. Way before President Masisi kick- started the process of reviewing the Constitution, civil society, and other institutions have been working hard to solicit guidance and counsel, as well as insights from not only regional and international institutions that uphold democracy, but also from other jurisdictions like South Africa, and Kenya, among others that have embarked on that route before. It has come out clear, that views and opinions of ordinary Batswana in their different constituencies should be sought in this very important undertaking. Botswana Federation of Public Private and Parastatal Sector Unions ( BOFEPUSU), Botswana Federation of Trade Unions ( BFTU) and the Botswana Council of NonGovernmental Organisations ( BOCONGO) have also come out clearly to discredit the approach that government is taking. What they really want is a ‘ People’s Constitution’, and they doubt that the approach employed will earn Batswana such. Civil society openly raised concerns regarding the selection and appointment of the Presidential Commission of Inquiry into the Constitutional Review appointed by President Masisi in December of 2021. Further, the drawing up of Terms of Reference, the determination of the timelines and the modes for public participation, which were done exclusively by President Masisi and his advisors to the exclusion of Batswana at large. Is it too late for His Excellency the President to take heed, and give the concerned members of society an ear?

To achieve a Constitution that represents the views of the people, civil society propose that an Act of Parliament be passed to govern the entire process involving; first institutional setup of the Constitutional Review Commission, which would among other things be involved in civic education, research, public consultations, writing of the report and debating the commissioners’ report and recommendations. Secondly, Constituency Forums, which would ensure that every constituency debate, discuss collect and collate the views of members of the public. Thirdly, the National Constitutional Conference, where the most representative body assemble to agree on the Constitution. Then Parliament would have to ensure that the law prohibits members of the house from overriding the views of the people. Lastly, the referendum, where the draft constitution would be submitted to the people for approval, amendment or rejection.