National referendum on Constitution needed

Mmegi Editor | Thursday April 6, 2017 16:36

Very little attention was paid to this important document until the late Gomolemo Motswaledi was suspended from the ruling Botswana Democratic Party (BDP), an organisation he so dearly loved and served with passion.

The matter ended up in the High Court and the Judges pronounced that the President cannot be sued when he is still in office, an announcement that provoked a lot of shock and emotion.

Thereafter, calls for a comprehensive constitutional review were made from all quarters including the National Assembly, civil society amongst others. The call fell on deaf ears and is still not heeded to this day.

However, the BDP has found it proper to amend the Constitution as and when it suits them, as evidenced by the recent amendment of the Court of Appeal Act to increase the retirement age of the Court Judges to 80 years. 

Earlier, the ruling party had made several amendments to the Constitution to increase the number of Specially Elected Members of Parliament from four to six, as well as the amendment of the Electoral Act to introduce Electronic Voting Machines.

These are few examples of how the Constitution is outdated and in need of a National Referendum to amend several clauses to make updates to meet modern times. 

As you read this article, Tlokweng constituency has got no representative in the National Assembly because the President is not satisfied with the preparedness of his party and has no confidence that it will win the by-election. 

Six months after the death of the Tlokweng MP, it is not clear whether there will be a by-election since the prerogative and privilege rests with the President to announce the date of such election.

This arrangement is not only absurd, it is also a threat to national security. We cannot have a Constitution that places the President as a player and referee at the same time and it should be amended.  Such powers to issue a writ of election should be bestowed on the Independent Electoral Commission. 

The unilateral amendment of certain clauses of the Constitution by the ruling party has set a bad and dangerous precedent, which can be a big source of instability in future when a new Government is in place.

We can assure the nation that any new Government will follow in the footsteps of the BDP and do as it pleases to amend the Constitution as and when it suits them. The Constitution should only be amended through a national referendum.

Today’s thought

“I have a problem with people who take the Constitution loosely and the Bible literally.”

 - Bill Maher