Opposition ready for constitutional reform
Chakalisa Dube | Monday November 22, 2021 06:00
Last week President Mokgweetsi Masisi appointed a constitutional review advisory team for the ruling Botswana Democratic Party (BDP). The four-man committee’s sole mandate will be to advise the party prior to its submissions to the commission that will be tasked with reviewing the Constitution of the country. The national constitutional review process is set to commence soon according to Masisi.
This week, Umbrella for Democratic Change (UDC) spokesperson, Moeti Mohwasa said parties in the coalition have started working on their submissions for the national constitutional review. He, however, said that more details on the submissions will be made once the terms of reference for the national constitutional review have been completed.
“The opposition parties have started working on submissions for the looming constitutional review. Parties directly affiliated to the UDC will make their individual submissions to the coalition where they will be harmonised. We have not set a deadline to have completed the submissions. We cannot put a deadline because key details in relation to the process of executing the national constitutional review is yet to be communicated to us,” Mohwasa said.
“We also expect our submissions to be harmonised with those of other political parties outside the UDC at an opposition cooperation level,” he added.
While the Alliance for Progressives (AP) was not available, the Botswana Patriotic Front (BPF) spokesperson, Lawrence Ookeditse also said that the party has already started working on its submissions for the constitutional review.
“We can assure members of the public that our submissions will be in the national interest. I am sure this is what other opposition parties will be focussing on,” Ookeditse said.
Meanwhile, political analyst based at the University of Botswana (UB) Adam Mfundisi, who is also a lecturer in Politics and Administrative Studies, has said that he hopes that the national constitutional committee review team that will be appointed will be fully independent. He said the recently appointed ruling party advisory team might be a prelude to the appointment of the national constitutional reform commission.
“The (BDP) review committee might be an advisory body to the President on the appointment of the national one. I hope the aim (of the ruling government) is not to subvert the national agenda and drive the BDP one. The President might appoint BDP activists, loyalists, and supporters to drive the constitutional reform process. Any commission that is perceived to be made up of BDP operatives masquerading as experts on constitutional law must be rejected by all concerned stakeholders,” Mfundisi said.
The opposition has said that the Constitution is not merely a legal matter, but a socio-economic, and political instrument and all stakeholders must be thoroughly consulted when it is reviewed. The opposition also want commissioners to be agreed upon by all strategic stakeholders.
Last week, Leader of Opposition in Parliament, Dumelang Saleshando warned the opposition will boycott the constitutional review process if the BDP does not treat it as a collective process but chooses to pursue its narrow political interests.
“We can attest to constitutional amendments that were enacted. All of them without exceptions were to advance BDP and its leadership interests. For example, automatic succession, increase in Specially Elected MPs (SEMP), to name these two, were done to protect the party from oblivion, and to avert a leadership crisis,” Mfundisi added.
The UB academic emphasised that the country needs a comprehensive constitutional process to usher in a progressive constitutional order. He stated that the aim of revamping the Constitution should be to ensure that it surpasses that of countries such as Namibian and South Africa. Furthermore, he pointed out that separation of powers must be a pillar in the constitutional architecture.
“Any constitutional outcome that provides an incremental or regressive one will not be acceptable to the general populace. Civil society organisations must demand a strategic place in the reformation of the Constitution. The BDP and its leadership must not be allowed to dominate the constitutional process. Any watered down and top-down process must be rejected by civil society,” he reiterated.