A journalist’s perspective (Part III) of inclusivity

double digits at the next elections scheduled for 2009, but instead of increasing, the number of elected female MPs dropped to a lousy two. We failed to work as a collective and cohesive group. I am actually embarrassed to have to admit that until and unless women in this country wake up and smell the coffee, political power sharing will remain a mirage.”

It is worth noting that it was also during Mogae’s tenure that major changes took place on the traditional leadership front as well, as women pushed back the intrinsic patriarchal power relations that pervade all spheres of life in our society. In 2000 Kgosi Rebecca Banika, from the Chobe district, became the first woman to be a member of the then House of Chiefs. Not only was she the first woman, but also the first Mosarwa to be a member of the House of Chiefs.

In 2002 history was also made when Kgosi Mosadi Seboko, of Balete, became the first female Kgosikgolo of one of the socalled major tribes. In the past, dating back to the 19th century, women had served as regents, in an acting position, but not as fully fledged substantive dikgosi. Incidentally, the area Member of Parliament at the time when Kgosi Mosadi was coronated was Lesego Motsumi, a woman. And the minister for Local Government, under whose jurisdiction tribal affairs fell, was Margaret Nasha, another woman. Following her coronation in 2002, Kgosi Mosadi became the first woman to preside over the Ntlo Ya Dikgosi as Chairperson, a position she held until 2004.

As he concluded his last State of the Nation Address as president in 2007, when he was left with less than six months to step down, Mogae could proudly proclaim, “I leave office fully confident that our society is united in its desire to correct the mistakes of the past by achieving full gender equality. Our women in positions of authority have more than proved their worth. Their outstanding service to our nation more than proves the validity of our women’s demand for equality; our value system as a democracy demands gender equality, and the march of social progress and development dictate, that we achieve gender equality in haste. I am confident, that the pursuit of gender equality will continue to receive priority as the policy of the ruling party and its administration”.

Lest we forget, it was also during Mogae’s tenure that for the first-time women could join the Botswana Defence Force (BDF) as soldiers. This happened in 2007 when the Botswana Defence Force recruited women soldiers for the first time into its ranks.

Another example of Mogae’s pursuit of inclusivity was with respect to his endeavour to foster tribal equity. One of the major actions that he instituted shortly after he took over as president was to appoint a commission of inquiry to “review sections 77, 78, and 79 of the Constitution of Botswana, and to seek a construction that would eliminate any interpretation that renders the sections discriminatory”.

As anthropologist Richard Werbner, says, “These sections, entrenched, under the Constitution, the colonial inequality between ruling and subject communities, between principal tribes, the eight with paramount chiefs, as ex officio members of the House of Chiefs, and lesser or minority tribes, whose rulers as sub-chiefs could be elected members”. The commission, chaired by former minister Patrick Balopi, concluded its work in November 2000.

The Commission’s recommendations were implemented to a large extent through the amendment of sections 77, 78 and 79 of the Constitution of Botswana; the repeal of the Chieftainship Act, and the enactment of the Bogosi Act. The former House of Chiefs was renamed Ntlo ya Dikgosi. The Act provided for the broadening of Ntlo ya Dikgosi’s composition to cover all geographic regions in the country, and the representation of “minority” tribes in Ntlo ya Dikgosi though that is by elected representatives and not ‘born dikgosi’ as is the case with the eight tribes. The word “tribe” no longer only refers to the eight tribes. Also, it is no longer only the eight tribes which have dikgosi. All other tribal communities, including the so-called minority tribes, have the right to be recognised as tribe, and to, therefore, have a kgosi, if their history, origins, organisational structure, and any other relevant matters warrant such recognition. (Ndulamo Anthony Morima:WeekendPost)

Granted, the new changes did not completely cure the mischief offending the socalled minority tribes, the reforms have, no doubt, gone a long way in healing the deep wounds of the past when some communities felt that they were left out and that the Constitution discriminated against them. Many still feel that more legislative reforms must be undertaken to achieve complete tribal parity and equal rights, by for instance, mentioning all tribes in the Constitution, the Bogosi Act, and related legislation. But also, that, provision be made for the so-called minority tribes to enable them to designate their representatives to Ntlo ya Dikgosi according to their established norms and practices, and not necessarily by elections. That privilege is reserved for the so-called main tribes. (Ndulamo Anthony Morima:WeekendPost)

Some may argue that, by effecting these Constitutional changes, Mogae did not act out of the “goodness of his heart,” but that he was forced by circumstances. In 1999, the Wayeyi, a tribe in the North West district, installed their own “paramount chief ”, Shikati Calvin Kamanakao I. The government advised the Wayeyi that since they were not a recognized tribe, they could not install their own paramount chief (in BaTawana tribal territory). The matter ended in court. Kamanakao and others, argued that sections 77, 78 and 79 were inconsistent with the fundamental rights provided in sections 3 and 15 of the Constitution.

They argued that sections 77, 78 and 79 were discriminatory based on tribalism. They also contended that the sections were discriminatory to the extent that they afforded preferential treatment to ex-officio members of the House of Chiefs (the socalled eight principal tribes). Kamanakao and others also argued that section 2 of the Chieftainship Act was unconstitutional as it was discriminatory based on tribe particularly in that it interpreted “tribe” to mean only eight tribes to the exclusion of other tribes in Botswana.

The High Court ruled that section 2 of the Chieftainship Act was discriminatory insofar as it failed to afford some people equal treatment and equal protection in accordance with the Constitution and should therefore be amended. Although the court did not affirm installation of Shikati Kamanakao as chief, in an orbiter dictum, the court stated that its “… refusal to order as applied for (by the Wayeyi) was not an expression that the issues in the case had to be ignored: on the contrary there was an urgent requirement on the part of the government to attend to them lest they bedevilled the spirit of goodwill existing between the different tribes and communities in the country…” (Ndulamo Anthony Morima:WeekendPost)

The initiative to appoint a commission and the consequent constitutional amendments that followed were Mogae administration’s response to that admonition by the court. An orbiter dictum is a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case. It is not legally binding on other courts. So, Mogae could have chosen to ignore it, perhaps to the detriment of the nation building project that the country undertook since 1966 as well as the stability it continues to enjoy.

The nation-building project is work in progress. There is still the sensitive matter regarding Basarwa, which has not been resolved. Some Basarwa groupings still clamour for recognition and restoration of their rights to their “ancestral” land, something that has put them at odds with the government. In 2004, Basarwa took government to court to challenge their removal from the Central Kgalagadi Game Reserve (CKGR), on the grounds that it was illegal. The court ruling, made in 2006, was scathing against government. It found that Basarwa were “forcibly and wrongly deprived of their possessions” by the government. The court also ruled that Basarwa could hunt in the CKGR without a permit.Two of the three justices referred to the relative powerlessness of Basarwa, partly as a result of discrimination, that had resulted in low literacy and little to no political or economic clout relative to majority tribes.

The controversy over Basarwa’s right to their “ancestral land” reached fever pitch during a time when the sensitive issue of “conflict (blood) diamonds” was raging across the African continent. Some international human rights groups joined the fray and initiated a campaign against Botswana diamonds, because in their view, the Basarwa were being relocated from the CKGR to pave way for diamond exploration and mining. Mogae, who perceived these groups as charlatans, described them, in his State of the Nation Address of 2005 as, “Organizations that are campaigning to have our country carved up into exclusive apartheid style tribal entities regardless of the misery that such social engineering experiments have left in our region”.

To date, Basarwa face many challenges, including high levels of unemployment, poverty, alcoholism, and low levels of literacy and schooling, access to health care, etc. Basarwa communities are on the main geographically isolated and socially and politically alienated.

That notwithstanding, it cannot be gainsaid that Mogae’s record in fostering inclusivity far surpasses that of the other former presidents. Throughout his tenure he was conscious of the need to integrate all sectors of society in the development of the country as an important part of nation building. He deliberately fashioned public policy and legislation to remove discrimination based on gender and ethnicity but also facilitated participation by a broader cross-section of society in the development of the country.

Festus Mogae retired at the end of his term on March 31, 2008. He was succeeded by Lieutenant General (Rtd) Ian Khama, who was his deputy for 10 years.