Mmegi: Why do you think the government of President Mokgweetsi Masisi appointed a presidential commission of inquiry into the review of the Constitution?
Mfundisi: First, we must acknowledge that the President has the constitutional mandate to institute a commission of inquiry to educate, investigate, and to inform citizens on matters of national importance. The Commission of Inquiry's legislation empowers the head of state and government to set such organisation and appoint commissioners to execute the mandate. Commissions of Inquiries are not suitable for every issue of national importance. On matters of constitutional reforms, they are not desirable. Constitution making process is a highly politicised process with fundamental impact on socio-economic and political developments. The current British crafted Constitution has provisions that guide how it can be amended, modified, and overhauled. A Commission of Inquiry is not specified as one of the processes to change the Constitution. The President deliberately chose the Commission of Inquiry route to determine the means and the results. Niccolo Machiavelli, the Italian philosopher, in his book "The Prince" coined a concept 'The means justify the ends' to analyse situations like these. President Masisi wants to influence the outcomes of the findings and recommendations of the commission. Moreover, he unilaterally appointed commissioners, which on the surface of it may look genuine, and representative of the Botswana society. But when you critically examine its composition, disturbing signs become glaring.
