Constitutional Report: Batswana want Republic overhauled
● Commissioners reject direct presidential election, adopt party funding
● Water down demands for judicial independence, but accept DPP autonomy ● Final report appears to target future ‘Khamas’
● Batswana want death penalty for child rapists, passion killers, drug lords
● Presidential Commission wants current system retained
● President can’t work with an opposition dominated Parliament – Batswana
● Upon endorsement by parley, the VP must step down as MP – Commission
The Presidential Commission of inquiry into the Review of the Constitution has rejected some Batswana’s submissions for direct election of the President. Instead, the Commission recommended that the current system of electing the President should be retained.
The current system is that a person becomes President if supported by the majority of the elected members of the National Assembly. According to the report there were submissions that advocated for direct election of the President, as is the case with Members of Parliament (MPs) and councillors.
“The reason advanced was that direct election of the President will enhance the democratic dispensation in Botswana by essentially transferring power to electorate,” reads the report in part. However, the Commission opted to take the views of some Batswana who believed that the current system of election of the President by MPs has preserved the stability and peace since independence.
Those supporting the current system underscored that the people should respect, protect and uphold the practice which has worked well for the country thus far. “They submitted that the direct election of the President has not worked in some countries.
Supporters of this view further submitted that the President leads with the cooperation of MPs, especially from his or her party. To this extent, difficulties will be encountered where the President would be forced to work with an opposition dominated Parliament.
This they argued, was a recipe for chaotic governance that would delay decision making,” further reads the report. In terms of the Vice President (VP) the Commission revealed that some Batswana wanted the automatic succession of the vice president be abolished and that elections should be conducted to fill the vacancy when the President ceases to hold office.
Moreover, people wanted the VP to be appointed from outside Parliament and not be a member or an elected MP. But, in their counsel, the Commission recommended that the Vice President should be elected among the elected MPs, as appointing a VP from outside the National Assembly has the inherent risk of the President appointing someone who has been rejected by the people at party primary and/or general elections.
The Commission also recommended that the President should continue to be the appointing authority for VP to allow the President to appoint a person he or she trusts. In a new development, the Commission has recommended that upon endorsement by the National Assembly as VP, the VP must step down as MP.
“A by-election to fill the vacancy created by the stepping down of the VP must be held within a period of 90 days,” the Commission further recommended. Currently, the VP who is Slumber Tsogwane still serves as MP for Boteti West and he is also the Leader of the House.
Before former president Festus Mogae altered the practice through his appointment of Ian Khama as he deputy 1998, the VP also used to double as the Minister of Finance.
However, the Commission has recommended that having stepped down as MP, a provision should be made in the Constitution to make the VP an ex-officio MP entitled to speak and vote in all Parliament proceedings.