BFTU calls for constitutional court

EPHRAIM KEORENG
Staff Writer | Friday February 19, 2010 00:00

BFTU secretary general Gadzani Mhotsha said at a press conference in Gaborone yesterday that the court battle between President Ian Khama and then ruling party secretary general, Gomolemo Motswaledi has shown that the president is too powerful and can do as he or she pleases and nothing can be done due to his immunity to prosecution. 'Many have thus called for a constitutional review to remove the immunity,' he said.

Mhotsha said that at their General Council meeting last weekend, the BFTU resolved that there should be checks and balances to deal with a sitting president who abuses the immunity.

The BFTU secretary general said a constitutional court should have powers to review whether presidential immunity should be lifted so that a sitting president can face prosecution for charges levelled against him.

'We have seen this happening in other countries and as the Setswana adage goes, 'dilo makwati di kwatabololwa mo go ba bangwe', Botswana can borrow a leaf from other established democracies. Examples include the recent Italian Prime Minister Silvio Berlusconi incident,' he said.

Mhotsha made a clarion call to civil society, political parties and business community to advocate for the establishment of a constitutional court. He said their General Council meeting resolved that Defence, Justice and Security minister, Ramadeluka Seretse should resign because his company is a supplier to the ministry. 'If he is not stepping down, we call upon the president to reverse his appointment to this ministry. The frequency of incidents of this nature dictate that a legislative framework be put in place clearly spelling out circumstances under which conflict of interest will be presumed and measures to be taken against perpetrators,' he said.

The BFTU has called on government to establish legislation to force cabinet ministers, legislators and all public authorities to declare their interests and assets. Mhotsha said the legislation should provide for a register that would be easily available to the public. He dismissed explanations by former president Sir Ketumile Masire detailing why he accepted a financial bail-out from De Beers. He said Masire should not have stood for the presidency, because 'he was not compelled to run for the presidency, he should have declined to enable him to concentrate on his farming interests. Surely another equally competent if not better Motswana would have filled the void. It is therefore not plausible to use the Office of the Presidency as an excuse to be involved in such deals with De Beers,' said Mhotsha. Masire said he accepted the De Beers bail-out because he did not have time to run his private business ventures once he became president.

The BFTU has called for a commission of inquiry into the dealings of De Beers in Botswana to investigate and punish those who acted against principles of good governance.