BDP MP questions party's own floor-crossing law
Spira Tlhankane | Wednesday August 5, 2026 06:00
Gabane-Mmankgodi Member of Parliament (MP) Mmusi recently asked the Minister for State President, Defence and Security Moeti Mohwasa whether government would table a Bill to repeal the Constitution (Amendment) Act No.1 of 2021, arguing that doing so would strengthen democracy and promote freedom of association in line with government's commitment to human rights.
However, government made it clear that the law is here to stay, at least for now. Responding in Parliament, the minister first corrected Mmusi, saying the applicable legislation is the Constitution (Amendment) Act No.1 of 2021, and not Act No.14 of 2020 as cited in the question.
'The government has not taken a policy decision to repeal the Constitution (Amendment) Act No.1 of 2021. Consequently, there are presently no plans to table a Bill for its repeal,' Mohwasa clarified.
He added that whilst government continuously reviews all legislation, any changes would only be considered through the normal policy and legislative process if the need arises. The minister also clarified that the floor-crossing law applies only to Members of Parliament and does not extend to councillors, whose positions are governed by separate local government legislation.
“The Constitution (Amendment) Act No. 1 of 2021 applies to Members of the National Assembly. It does not apply to councillors, whose position is governed separately under the local government legislative framework,” he stated.
The exchange has exposed an ironic political twist because the law was enacted by the BDP government and came into force on February 5, 2021, at the height of political defections that were threatening the former ruling party. The amendment requires any MP who resigns from the political party that sponsored his or her election to vacate the seat and seek fresh consent through a by-election before joining another party. The incongruity now is that it is a BDP MP questioning whether the law should remain on the statute books, whilst the UDC government, whose leaders fiercely opposed the legislation when they were in opposition, has chosen to retain it.
When the amendment was introduced five years ago, the then opposition UDC accused the BDP of using constitutional reform to shield itself from political defections instead of pursuing comprehensive constitutional reforms.
At the time, Mohwasa, who was the UDC spokesperson, argued that the amendment was crafted to stem defections from the BDP and strengthen the hand of the then President during a period of internal divisions within the ruling party. He maintained that Botswana deserved a holistic constitutional review rather than piecemeal amendments driven by political expediency.
The Botswana Patriotic Front (BPF) was equally scathing, with its president at the time, Biggie Butale, arguing that politicians determined to leave their parties would always find ways to do so, saying the law could not manufacture loyalty.
'You can't legislate love and stability in an organisation,' Butale famously remarked, comparing the law to forcing unhappy partners to remain in a broken relationship.
The Alliance for Progressives (AP), which is now part of the ruling UDC, also denounced the amendment at the time, describing it as a self-serving political project that fell far short of the inclusive constitutional review many Batswana had been promised. The BDP, on the other hand, defended the law in 2021 as protecting the will of voters by ensuring defecting MPs returned to the electorate.
Meanwhile, the UDC, now in government, has adopted a markedly different position from the one it held in opposition, signalling that it has no immediate intention of dismantling one of the BDP's most contentious constitutional reforms. Mmusi's question is therefore likely to rekindle debate over whether the floor-crossing law protects the sanctity of the voters' mandate or unnecessarily restricts the constitutional rights of elected representatives to freely associate with political parties.