Our laws are becoming individual-centred and reckless; Has Parliament lost the plot?

Owen Nsala | Wednesday March 15, 2017 17:00

Of late, Parliament has effectively lost the plot and supports laws which undoubtedly are not for the peace, order and good government of Botswana. The lined-up Bills also suggest that the Executive has realised that Parliament is in a deep sleep. Its snore can be heard by night crawlers a distance away. It is an enjoyable sight for those who want to push their own agenda and interests. For those who seek to rule by law notwithstanding the foul smell in the legislation. As long as the law has passed through Parliament and found endorsement, that suffices. That is the Parliament we have today.

The amendment of the Electoral Act to introduce the notorious Electronic Voting Machine is a case in point. The Bill was passed through Parliament at the wee hours of the morning, so we are told. When Parliament was in its deep sleep.

The amendment, a fundamental amendment to the political landscape of Botswana, a fundamental amendment to the right of the voter to exercise his or her right of electing a representative of his or her choice was rushed through Parliament and enforced on Batswana.

On various consultations between Batswana and the Independent Electoral Commission, it is clear that some amongst Batswana are not too happy with the law. Remember Parliament is to make laws for the PEACE and good government of Botswana. A change, a material diversion in the political goings of any country has potential to destabilise and polarise a nation.

Parliament must have sought for a thorough engagement with the voter and allowed Batswana to decide. That is the peace and good governance model that is envisaged by the constitution. The Court of Appeal Amendment Bill is before Parliament and if recent practice is anything to go by, it is highly likely to pass.

The Act envisages a change in the retirement age of Justices of Appeal to 80 years. Yes, 80 years. This is one particular amendment that commentators view as being crafted to protect the interests of certain individuals and I do not desire of my article to sail so close to contempt by endorsing that view.

Be that as it may, I sympathise with their view and the view is quite genuine and well-founded. One needs to ask, but why 80 years? Unfortunately, our Parliament is not interested in the why question. Its secretive agenda is known only to itself.

The Refugees Act we are informed is under panel beating by Parliament to close loopholes that allow for refuges to sue government and further limit their freedom of movement in circumstances worse to those received by blacks under the apartheid regime.

There is total disregard to the Constitution, which guarantees every inhabitant and resident of Botswana the right to the protection of the law and free movement. Any limit within the movement of the refugees must be justifiable.

To say refugees must not sue Government would be a serious assault on their constitutional right, as long as they are resident here. Imagine a refugee being assaulted by State agents and being told to keep quite simply because the law so says.

There are various levies that are being occasioned on Batswana and Parliament is not holding anyone accountable. Year in, year out we are informed that the Alcohol Levy is subject to increment.

Whereas that may come across as a policy consideration under the auspices of Cabinet, an effective Parliament must serve as a watchdog of the people. The Levy is now a design to punish those who imbibe and is a failed deterrent at alcohol consumption. Parliament is yet to take the Powers-that-be head-on and seek to locate the mischief.

At the peak of the festive season we had a Minister, by the stroke of a pen deciding our bed time. We celebrated the Minister for having liberated us and allowed us hours at imbibing. Where was Parliament to ask the Minister what necessitated the change in circumstances? Parliament just could not bother. Legislators were also happy at the extension of time.

I therefore challenge Parliament to wake up from its slumber. I challenge and call upon Parliament to make and pass laws that speak to the aspirations of Batswana as a nation. Laws that are authoritative regarding our future desire and ones that will serve generations to come.

Parliament must consider ratifying international laws that speak to human rights. Parliament must speak to our civil rights and enshrine those in the Constitution. Parliament must not allow for laws that are meant to serve a particular class of people to the exclusion of others.

It must not allow for laws that, viewed from outside, smell of bad faith. The mischief must be isolated and nipped in the bud each time Parliament passes laws.