A constitutional crisis is looming- Opposition
Goitsemodimo Kaelo | Monday September 23, 2024 11:55
Last week, the JSC announced that it has appointed six members to serve as IEC commissioners, 'since the All Party Conference (APC) failed to agree on a list of persons to recommend for appointment”. The appointees who join the chairperson of the IEC, Justice Barnabas Nyamadzabo are Kennedy Piet , Maotoanong Sebina, Uyapo Ndadi, Elizabeth Masire, Thebeyame Tsimako and Wame Thanke. Contrary to the JSC, the APC had recommended Grace Seitshiro, Professor David Sebudubudu (Political science lecturer at UB), Professor Emmanuel Botlhale (Public Administration lecturer at UB), attorney Tshiamo Rantao, retired statistician general Dr Burton Mguni, Diabi Mmualefe (retired diplomat), Malealea Kgosietsile (former CEO and head of Bobirwa Sub-Land Board, Ntakhwana, Caesar Lekgoa and Game Dibeela.
The list of appointees has caused uproar with the opposition seemingly not amused as it says the JSC has completely disregarded the recommendations of the All Party Conference. Just two days after the commissioners took oath to commence their work on Tuesday, opposition parties are demanding their appointments reversed and for the JSC to act in accordance with Section 65A (1)(c). The opposition parties have instructed Moahi Attorneys' Chabuya Lowani to file a statutory notice, indicating their intention to institute review proceedings against the JSC. Through a notice issued yesterday, the (opposition parties) are requesting the Attorney General to waive the (30) days requirement for Statutory Notice to allow them to file an urgent review application that can be dealt with and be determined before the general election scheduled for October 30. According to the notice served on all parties, the envisaged review application is on the basis that the JSC acted contrary to Section 65A (1)(c), rendering its decision liable to be reviewed, corrected and set aside on account of illegality or for being ultra vires. “In the said review, we will further argue that a liberal, positive, broad and purposive interpretation of Section 65A (1)(c) would not result in the conclusion that the All Party Conference must unanimously for it to make the required list from which the JSC ought to appoint from,” reads the notice.
The opposition parties say the convener of the All Party Conference, who is also the minister of State President, Kabo Morwaeng falsely reported to the JSC alleging that the All Party Conference was unable to agree on a list of persons to recommend for appointment. They argue that further to this, the interpretation that any of the registered political parties can somehow veto the decision of the majority of the parties is inconceivable and leads to absurdity, especially if one has regard to the democratic principles espoused by the constitution. As an example to pass any Bill amending certain sections of the constitution needs a 2/3 majority and any other enactment a simple majority in Parliament, it is therefore, absurd that for the appointment of IEC commisioners, there would be a suggestion that the Constitution set unanimity as the standard. “We will in addition thereto review the decision on the grounds of irrationality as we do not know the criteria used by the JSC to appoint as it did, such we will learn once we receive the record of proceedings,” further read the notice. Additionally, the opposition wants the JSC to make five appointments from the list of 10 names recommended by the All Party Conference within 24 hours of receipt of the notice. In the event of a refusal of the requests, the parties say they will proceed to deal with the lawfulness of the appointments on an urgent basis.
The opposition states that such would mean that there is no IEC to preside over the 2024 elections, a situation which they say they don’t desire to avoid a constitutional crisis. It is said that while the APC, except for the Botswana Democratic Party (BDP), had recommended a list of 10 people from which the JSC could select the five commissioners from that list was completely disregarded. The list was trimmed down from a grid list of 27 names submitted by the IEC. It is said that the BDP dissented on the view that all 27 people submitted by IEC should be shortlisted for consideration by the JSC.