A constitutional inelegance

Mmegi Editor | Tuesday July 28, 2015 14:38

Even as Batswana scramble to acquaint themselves with the specific constitutional provisions that have granted Molale his failsafe for the Goodhope/Mabule election, intense debate around the matter suggests a level of astonishment among citizens.

While it was expected that the minister would naturally step down in order to contest the by-elections, it was not expected that he would be reappointed hours later in line with a certain section of the constitution.

Part of Section 42’s provisions allows President Ian Khama to reappoint Molale as minister for a period not exceeding four months, during which he will not sit in Parliament, having resigned from it.

The President has acted within the letter of the law, but increasingly, Batswana feel the spirit of the founding statutory document has been fouled.

The argument stems from the view that Molale, having been given a free pass into Parliament by way of special election last year, stands again to benefit from another saving grace should he lose on August 15.

According to the constitution, should Molale lose, the Speaker of the National Assembly will call for the election of a Specially Elected MP, with the nominees brought by the President and any other MP. Given the BDP’s majority in Parliament, it is almost certain that Khama’s nominee will be given the greenlight and it is equally certain that this nominee will be Molale, in order for the minister to again occupy the front bench.

Should he win, Molale will take up the Goodhope/Mabule seat in Parliament, while the Speaker will again call an election for a replacement Specially Elected Member, with Khama’s nominee again almost certain to win.

The President will say continuity was needed in a critical ministry such as Presidential Affairs and Public Administration, but the bitterness in many mouths is with the apparent manoeuvring behind the scenes to ensure that win or lose, Molale holds onto a ministerial position and is also counted among Members of Parliament.

This bitterness also stems from the fact that in other countries, Specially Elected seats are reserved for the representation of special interest groups such as women, the disabled and youths.

The constitution is silent on various terms and conditions of these seats, such as how many terms the same Specially Elected MP can serve continually or whether the four month period for a non-Parliamentary minister may be renewed and for how long. It is these shadows within the constitution that leave many feeling that the impact of the result of the Goodhope/Mabule by-election has already been deadened by the failsafe afforded to Molale.

Whenever our democracy encounters governance discomfiture of any sort, we should find our recourse in the constitution and the founding document cannot be silent.

Today’s thought

“There is a higher court than the courts of justice and that is the court of conscience. It supersedes all other courts”

 

– Mahatma Gandhi