Opposition Frowns Upon Masisi's Commission Of Inquiry
Goitsemodimo Kaelo | Tuesday December 21, 2021 06:00
The 19-member presidential commission, which is chaired by former Chief Justice Maruping Dibotelo was issued on Friday evening.
The appointment of the commission follows Masisi’s several promises that his government is committed to reviewing the country’s constitution. However, Masisi’s move has not been well received by many, especially opposition parties.
Just hours after the Commission was issued, the Alliance for Progressives (AP) issued a statement condemning the approach by Masisi labelling it irrational and unconstitutional. AP’s secretary-general Phenyo Butale said the party is seeking legal advice intending to interdict the process.
“The AP rejects in the strongest terms possible the condescending approach that President Mokgweetsi Masisi is adopting for the much-awaited and anticipated National Constitutional Review,” wrote the party’s secretary-general Phenyo Butale.
“We have advised many times without a number that a constitutional review process has to be inclusive from the beginning and the President's appointment of the so-called commission is at best unilateral and therefore unacceptable. "We wish to put it on record, that our immediate reading of the President's move is that, it is irrational and unconstitutional.” According to Butale, Masisi has no power to amend the constitution because that power is expressly given to Parliament under Section 86 of the Constitution.
He said this is an ulterior motive by the President contrary to what the Commissions of Inquiry Act envisages, which is that he can appoint such a commission to gain advice for public welfare.
He said the approach by Masisi renders the whole exercise futility because the President does not have the power to alter the Constitution even after receiving the recommendations.
“This is at odds with the promise of a comprehensive constitutional review and renders the whole process undemocratic, unacceptable and a waste of public funds,” Butale said.
The president of the Botswana Movement for Democracy (BMD) Sidney Pilane said Masisi’s approach “sets the unfortunate precedent that the party in power can unilaterally change the Constitution whenever it suits its interests, which may be partisan and sectional and not national using such majority in Parliament as it may have". Pilane said Masisi had the option to take the approach of a national constitutional review process, in which everything would be determined by the national consensus. He said this would be achieved with the involvement and agreement of all stakeholders, who include all political parties, civil society, churches.
He said Masisi has resorted to an approach that has many disadvantages’ among them being that the review will and its outcome will not enjoy national consensual support.
“Constitutional reviews are best and most effective if they are truly national and enjoy national consensus, and they can only do so when they genuinely involve all stakeholders and all of society. I am in wonder concerning that which motivated this approach to the process." Botswana Patriotic Front (BPF) labelled Masisi’s Commission extremely partisan and personal. “Basically, Masisi is playing Russian Roulette with the whole country by personalising the review of the constitution,” said BPF’s publicity secretary Lawrence Ookeditse. According to BPF, Parliament should take the lead in the process of constitutional review, as Members of Parliament are the people’s representatives. BPF said the commission should report to a select committee of Parliament, not the President. The BPF stated that while it supports the idea to review the constitution, it rejects how Masisi wants it done.
Ookeditse said his party would do everything to overturn Masisi’s decision as it is laced with extreme immaturity.
At press time, the Umbrella for Democratic Change executive was yet to deliberate on the matter and form a position.