Union calls for President’s powers to be reduced
Larona Makhaiza | Monday May 1, 2023 06:00
Towards the end of last year, the government carried out the process of Constitutional Review led by Justice Maruping Dibotelo. The Constitutional Review was wrapped up last year.
However, the Manual Workers Union feels that the Constitutional Review of last year did not really go in-depth like it was supposed to in dealing with the task. Robert Rabasimane, who is the union's chief negotiator, revealed that in their submission, the union would like to see the President’s massive power that has always been bestowed upon him reduced.
“The Executive authority of the country, in terms of Section 47 of the Constitution vests in the President enormous powers with very few checks and balances that are built in to avoid the power being abused or to shield him from becoming corrupt,” said Rabasimane.
The Manual Workers Union feels that the powers of the President need to be taken into high consideration in order to prevent the President from becoming despotic. “It is important that the immunity that the President currently enjoys in terms of Section 41 of the Constitution be reduced,” Rabasimane said. Rabasimane even pointed out a case that Manual workers Union feels that the immunity of the President was used in.
“The immunity was invoked in the case of the late Motswaledi vs Botswana Democratic Party 2009 2 BLR 284 to shield the then president from a challenge to abuse his powers under the ruling party’s constitution,” explained Rabasimane.
Asked what some of the powers that the Union really feels pose great danger that the President possesses, Rabasimane responded by referencing Section 65 of the Constitution which gives the President authority in many things. “Section 65 suggests that the President can on any day wake up and decide to do anything he wishes and this is one of the many reasons why we do not want him to have such powers,” Rabasimane. In addition, Rabasimane elucidated that the Constitution will need any President that resumes office to always declare his assets and liabilities.
To avoid the President to be corrupted through the receipt of gifts, the Constitution should be amended to require the President to declare in a register available to the public, every gift received worth more than P5,000. On other propositions that the union would like to see changed in the Constitution is the appointment of the Secretary of the Independent Electoral Commission (IEC). “The Secretary of the IEC who is responsible for its day to day operations is appointed, in terms of Section 68 of the Constitution by the President,” Rabasimane revealed.
He said this is not fair for the President to be the one appointing the Secretary of the IEC, as it is the body that is vested with organising free and fair elections. The Manual Workers Union implored that the Secretary of the IEC should be appointed through Parliament. “We would like to suggest that rather than leaving the appointment to the President, the Secretary of the IEC should be appointed by Parliament,” he said.
He stressed that the IEC should be administratively accountable to Parliament rather than the Office of the President.