Constitutional review: Birth of political crisis - BOFEPUSU
As the constitutional review commission appointed by President Mokgweetsi Masisi gets down with its public consultation work, the Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU) has warned that the process embarked on is a recipe for political crisis. The 19-member Presidential Commission of Inquiry into the review of the Constitution led by former Chief justice Maruping Dibotelo started its first of countrywide meetings last week at the Gabane Kgotla.
But BOFEPUSU vice secretary-general, Ketlhalefile Motshegwa has warned that the process Masisi has chosen to embark on is undemocratic and fraudulent, as such could lead into a political turmoil in the future.
Motshegwa said Masisi should have initiated the process and allowed it to run without the influence of the Office of the President. He stated that at this point, it is not clear what the commission wants to achieve adding that the route embarked on is against the Constitution. He indicated that for the review to be accepted as a true reflection of what the nation wants, there has to be a referendum.
“At some point, there has to be a referendum. The Constitution is for the people by the people. It has to reflect their interests,” said Motshegwa.
As such, he said there has to be civic education for an informed participation of the general public. He explained that Botswana is a multi-cultural State, with linguistic diversity.
“These people have to be taught the Constitution in their languages for better understanding, and participation thereafter. At the end, what we will get from this process will reflect the interests of the Executive not the people,” he explained.
Motshegwa further said there has to be political will to change the Constitution. He explained that Parliament has to play a major role in the process of the constitutional review and lay out the process as well as approve its budget.
“What we have embarked on now is far from the international trends and standards for constitutional review. It is against the Constitution. The product of the constitutional review will not be legitimate at the end because it would not reflect the views and interests of the people,” he added.
Motshegwa indicated that the labour movement had requested a meeting with the President, but are yet to get any response from his office. The federation has had issues with Masisi’s approach to the constitutional review from the onset, before he even appointed the Presidential Commission of Inquiry.
Last year, BOFEPUSU took issue with some of the President’s comments on the impending constitutional review that he made during his countrywide kgotla meetings. When addressing kgotla meetings in Selebi-Phikwe, Mmadinare and Tobane, Masisi chose to dwell on the involvement of chiefs in politics as one of the things the review should consider.
However, this raised eyebrows amongst some quarters of the society including labour movements, as they said the President’s comments were influencing what he believes the review should focus on before the process even started. The federation then condemned the President’s comments, stating that his actions were pre-empting and influencing the process. The federation wondered why the President has adopted such an approach before the terms of reference were set.
Last year October, BOFEPUSU and Botswana Federation of Trade Unions (BFTU) launched a position paper on the Constitution review, which contained what they wished could be a basis to constitutional reform in Botswana.
During the launch of the position paper, the labour movement warned political parties against hijacking the much-anticipated constitutional review, to allow for a transparent, genuine and inclusive process.
The federations also said government should be sincere, honest, open and supportive of the Constitution making process while allowing the civil society a spot to contribute. The position paper also suggested that after the review commission is set, there should be terms of reference with the referendum being used as the adoptive measure of the final product.