BDP: Influencing national dialogue
Ryder Gabathuse | Monday April 18, 2022 06:00
Mmegi: Why do you think the government of President Mokgweetsi Masisi appointed a presidential commission of inquiry into the review of the Constitution?
Mfundisi: First, we must acknowledge that the President has the constitutional mandate to institute a commission of inquiry to educate, investigate, and to inform citizens on matters of national importance. The Commission of Inquiry's legislation empowers the head of state and government to set such organisation and appoint commissioners to execute the mandate. Commissions of Inquiries are not suitable for every issue of national importance. On matters of constitutional reforms, they are not desirable. Constitution making process is a highly politicised process with fundamental impact on socio-economic and political developments. The current British crafted Constitution has provisions that guide how it can be amended, modified, and overhauled. A Commission of Inquiry is not specified as one of the processes to change the Constitution. The President deliberately chose the Commission of Inquiry route to determine the means and the results. Niccolo Machiavelli, the Italian philosopher, in his book "The Prince" coined a concept 'The means justify the ends' to analyse situations like these. President Masisi wants to influence the outcomes of the findings and recommendations of the commission. Moreover, he unilaterally appointed commissioners, which on the surface of it may look genuine, and representative of the Botswana society. But when you critically examine its composition, disturbing signs become glaring.
A Commission of Inquiry must be representative of the demographics and all stakeholders in the Constitution making process. Its independence and impartiality are questionable because most commissioners are well-known President's and BDP supporters, sympathisers, and apologists. Since coming to office, the President has shown bias towards certain sections of our population, more specifically the appointments of BDP activists and loyalists. Commissioners to give credibility and integrity must be people who possess specialised knowledge on constitutional matters with demonstrable experience and skills. The President ignored the Departments of Law, Political and Administrative Studies, Social Work, and Sociology, among others at the University of Botswana.
I do not doubt those UB professionals that were appointed to the commission, but they do not have adequate knowledge and skills in constitutional law and public policy areas. Secretiveness that characterises the current administration is not appropriate or acceptable in the 21st century's Botswana political landscape. Greater transparency and accountability are vital to gain public confidence in the process. The Constitution is the preserve of the President but a product of the people.
All key stakeholders should have been involved throughout the process to ensure popular participation, involvement, and inclusivity. The President has been preaching inclusivity and consultation without actualisation. He does not walk the talk. He has reneged on many promises he made during the 2019 general election and beyond without avail. There is serious erosion of public confidence and trust in the President and his administration. To answer your question, the President chose the present process of Constitution making to protect himself and his regime from potential loss of power. His broader aim is to water down the process to produce a pro status quo Constitution that maintains the dominance of the Executive branch. The outcomes of the process will be to legitimise political power by creating an imperial president who overshadows every institution. It has been apparent that the process was rushed without critical examinations of the consequences.
Lack of civic and political education on constitutional matters is evidenced in people's contributions in public forums (Kgotla). The kgotla system has never been a democratic platform to be used by the rank and file members of the population. It is dominated by conservative, old men, politicians, and bureaucrats to relay information and not to empower people to determine their destiny. In Botswana, consultation is a myth rather than a reality. The general population legitimises the already determined policy decisions. The Commission of Inquiry is designed to lend legitimacy to an undemocratic process driven by parochial self-interests of the driver of the process and his disciplines.
Mmegi: Do you foresee the government implementing the wishes of the people or is this just an academic exercise?
Mfundisi: Consultation without commitment results in a sanitised process and outcome. The destiny of the constitutional order has long been concluded. The current Kgotla meetings by the commission are to legitimise the decisions of a highly conflicted President. People have been averse to the Constitution priding intensive and extensive powers to the President and relegating the legislative and judicial branches to the periphery. An imperial president has undermined democratic and accountable government leading to immense poverty, inequality, unemployment, diseases, criminality, and other social ills besetting the country. By examining the actions and decisions by the President and his MPs in Parliament, they have determined the constitutional process outcome. The Machiavellian theory will be validated. A Constitution reform should be bedrock in the rule of law infrastructure. The government has manipulated the process thereby making it illegitimate, as it does not represent the felt-needs, interests, aspirations, and priorities of the people. A Constitution, in effect, provides for a social contract between the rulers and ruled. A stable political order is contingent upon the development of a constitutional order premised on popular participation.
Mmegi: In your view, what do you think has been the concerns of the people about the national Constitution?
Mfundisi: The Constitution making process must be citizen driven, not the President led. The President represents one of the major organs of the state hence his sole determination of the means and the ends compromises the process and results. The President should have learnt from other jurisdictions such as Kenya and South Africa on constitutional design.
Mmegi: Do you think those concerns will be addressed at the end of the commission's work?
Mfundisi: People of Botswana have been concerned about separation of powers, fundamental rights and freedoms, electoral process, direct election of the President, independence of Parliament and the judiciary, constitutionalisation of local government, chieftainship, independence of oversight bodies, abolishment of Specially Elected Member of Parliament (SEMP) and nominated councillors. The President and the BDP have been fierce opponents of most if not all the concerns and proposals of the people. I am convinced that the outcome will reinforce and enhance the interests of the President and the BDP. And eventually, the outcomes will be rejected in Parliament and through a referendum. The integrity, image, and status of both the President and BDP have been dented. Allegations of corruption, maladministration, and pathological lies have eroded the confidence of the majority of citizens. Few people trust the President and his BDP.
Mmegi: Just last week we saw the BDP-dominated Parliament through MP Mpho Balopi rushing a motion to increase the number of elected legislators to the National Assembly from 57 to 61. The motion was approved.
Mfundisi: The BDP is a political party faced with existential threat and therefore, acts in ways that exposes its MPs as hypocrites and liars. Why did they allow the President to constitute a Commission of Inquiry, which they seem not to support, as they prefer the status quo? Why introduce a motion instead of a substantive bill driven by the government? Their secretary-general was becoming irrelevant hence the motion to give semblance to his character which has been dented by allegations of corruption. This motion was a non-starter. The motivations for the motion were debris devoid of sanity and substance. Why pre-empt the population census and the work of the Delimitation Commission, the latter which they have outright control? To determine how many constituencies is dependent on the population and population quota determined by the commission. The BDP is used to gerrymandering in delimitating constituencies. But I am convinced that even if they deploy unethical behaviour to conclude the number and the actual constituencies, the BDP can still loose the 2024 elections. The opposition forces must frustrate and demobilise any attempt to rig elections; before, during, and after voting. The BDP has perfected electoral fraud and rigging
Mmegi: The question now is, why do you think even ahead of the appointment of the Delimitation Commission and the results of the Housing and Population Census, the BDP brought a motion of this nature under a certificate of urgency?
Mfundisi: It is mischievous and undemocratic to pre-empt national exercises to try to manipulate the process. Democracy is not cheap. If you abolish SEMPs process, which has not, been for the advancement of nation interests, constituencies can go above 10, which should be determined by the delimitation exercise not an arbitrary and political motivated process. The fact the British Constitution provides for Parliament to determine the number of constituencies if a valid reason to overhaul it. An independent and impartial body such as the delimitation commission should have the sole purpose of doing that. By proposal is that the IEC should be a constitutional body responsible for boundary demarcation such as in Kenya to avoid conflict of interests.
Mmegi: How does a motion of this nature really benefit the dominant BDP?
Mfundisi: To determine and influence the electoral process and outcome. Gerrymandering is what the party is banking on which might backfire. Political corruption is in the DNA of the BDP and its leadership.