Khama freezes Parliament
Oarabile Mosikare | Wednesday October 29, 2014 17:43
The development comes after President Ian Khama effectively froze today’s scheduled opening of Parliament by withholding a proclamation he issues allowing for the swearing in of members and the commencement of sitting.
Khama’s freezing of Parliament has heightened speculation around the identity of his preferred Vice President, whom some critics believe he wants endorsed by a show of hands in order to ensure allegiance among ruling party members. The High Court case is the latest round of a battle in which Khama wants the Standing Orders changed back to a vote “by show of hands”. Legislators changed the standing order to secret ballot just before dissolution in August, but Khama’s lawyers, Collins Newman and Company, hit back recently.
Last week, Collins Newman and Company wrote a letter to Attorney General, Athaliah Molokomme, National Assembly Speaker, Margaret Nasha and Clerk, Barbara Dithapo asking for written undertaking that the amendments would not be implemented.
According to documents seen by Mmegi yesterday, Molokomme responded by saying that the new Standing Orders were ultra vires the Constitution.
She said the new Standing Orders not only made additions to the already existing provisions, but also made amendments and modifications to those sections contrary to Section 89 (5) of the Constitution.
“The Republic of Botswana would otherwise be thrown into a constitutional crisis, an eventuality that should be avoided at all possible costs,” she said.
“The amendments to the Standing Orders have brought about substantive amendments to the Constitution by introducing additional requirements for the endorsement of the Vice President and the election of the Speaker and deputy Speaker.
“In this regard I am compelled to bring this application to correct this problem and insist that changes be made in the proper manner.”
Molokomme added that if the matter was not resolved urgently, the positions of Vice President, Speaker and Deputy Speaker would have to remain vacant pending the resolution of the question.
She said this, in turn, would create a crisis, as Parliament would then not be able to function.
Furthermore, the AG said if the positions were filled before the resolution of the case and the court eventually found that the appointments were contrary to Section 89 of the Constitution thus rendering process void, the country would be faced with an even bigger crisis.
“The country would be without a National Assembly and without a Vice President.”
The respondents in Molokomme’s matter are the Umbrella for Democratic Change (UDC), Botswana Congress Party (BCP) and the Botswana Democratic Party (BDP).