The Presidential Commission of Enquiry into the Review of the Constitution’s 2022 report recommended that direct election of the President would be "a recipe for a chaotic government that would delay decision-making." When the Cabinet presented the White Paper to Parliament last year in the recently dissolved 12th Parliament, it rejected the ‘direct election’ submission, saying it "has the potential to destabilise governance and create chaos." Reiterating Cabinet’s fears as he seeks a second and last term on October 30, Masisi recently said the direct election of the President would be chaotic in terms of running government if the elected President does not have the majority in the House.
“The President does not run the country alone. He has advisers and Cabinet but in Parliament, majority is key. Our current Constitution allows swift governance so that all issues of finances are discussed and decided in Parliament. If you directly elect a President whose party does not have the majority in Parliament how do they run the country? Opposing parties will reject all the President’s proposals so if we are from different kraals, there will be back and forth rejections with no progress,” Masisi further bemoaned during the launch of BDP’s Kanye West parliamentary candidate, Dr Lemogang Kwape. He added that it would be difficult to get through a five-year term with a government like that. Masisi further indicated it was going to be difficult, if not impossible, for the President to get his legislative programmes enacted with a Head of State who does not have the majority in the House. He said the President will be rendered powerless because if the opposition has control of the House, it means that the latter can control what legislation is voted upon. He says the opposition gets into Parliament to shoot down their budget proposals and Bills and it is no wonder they rejected the Constitutional Review Amendment Bill in the 12th Parliament. Last month before Parliament was dissolved, the Botswana Democratic Party (BDP) legislators defied President Masisi’s clear instruction to pass the Constitutional Review Amendment Bill. Out of 40 BDP MPs who were in Parliament after opposition MPs walked out, only 37 supported the Bill and as a result, the BDP MPs who supported the Bill could not reach a two-thirds majority, which is a requirement by the Constitution for a constitutional review to pass. Masisi said what happened with the failed Bill was the more reason to fear what could happen if a President is in charge of a government where the lack of a majority will mean hitting a brick wall before enacting legislation.
Masisi’s fear of a powerless President is somehow backed by the current legislative set-up which allows MPs to debate and pass Bills (proposed laws). MPs also work an oversight role where they watch over and check the activities of government through parliamentary committees by asking and answering questions, particularly during Questions Time. Beyond passing laws, MPs hold several more unique influential powers. Most importantly, MPs approve the national budget because the National Assembly has the power to approve or reject the budget put before the House by government through the Minister of Finance. Therefore, with an arm of government, which has the power to influence how a President rules for five years, Masisi is worried that the direct election of a President could give the opposition leverage over which proposals come up for a vote if they have the majority. Even though Masisi and his government are worried about the scenario the rejected submission could create, the presidents of opposition parties feel that they would beat Masisi easily if the law allowed presidential candidates to have their ballots alongside legislators and councillors during polling day.
Currently, a presidential nominee becomes President when his party wins 31 parliamentary seats out of 61 in the general elections. With the current arrangement, the President sweeps into office with their party already controlling both the House and eventually the Executive branch. When the 13th Parliament is elected after the October 30 General Election, the National Assembly will comprise 69 Members of Parliament, including the President and the Speaker being ex-officio, 61 members being elected by the constituents, and six Specially Elected by Members of Parliament. The party that wins also has control over many parliamentary committees and subcommittees that oversee budgets and policies, so the majority matters. The majority party chooses a Speaker and Specially Elected MPs still, so the winning presidential candidate will be able to get nominated appointees confirmed more easily. So when the dust settles after the October 30 elections, both major political parties hope to take control of the influential 67-member Parliament.
