Khama hates the opposition
Friday, December 16, 2016
It is becoming increasingly difficult for the opposition Members of Parliament (MPs) to represent Batswana well and provide effective oversight on the government and the ruling party. In Parliament, the speakership is biased against the opposition; rules of order and procedure are applied selectively to prejudice the opposition and to favour the ruling party. In some cases the Speaker joins the debate by intervening on behalf of the ruling party. Some rulings by the Speaker are clearly arbitrary, irrational and unlawful. If it was elsewhere where there is strong well-resourced opposition and civil society, the Speaker would have been sued numerous times. Unlike the biographer of Voltaire, Evelyn Beatrice Hall, who in recognition of free speech said “ I disapprove of what you say, but I will defend to the death your right to say it”, the Speaker is incompetent to defend and guarantee free speech of opposition MPs.
Freedom of expression is limited in the House. Standing Order 23.2 provides that “the name of the President shall not be used disrespectfully during the debate”. The speakership’s interpretation of this provision is that certain adverse opinions cannot be held and expressed about the President. This is clearly ultra vires Section 12 of the Constitution which grants freedom of expression including the freedom to hold opinions. Expressions like “the government is ruled by thieves” or that “the leaders are corrupt” are effectively outlawed. If it is the opinion of an MP that the ruling party distributes public offices as patronage to reward loyalist and that the system is political corruption, hence corrupt leaders, it would take intense persuasion and arguments for that to go into the records of Parliament. The Speaker cannot compel Ministers to answer questions, if a Minister chooses not to provide adequate information, become evasive or mislead Parliament, the Speaker would become complicit and abet this misdemeanour.
These legal professionals, who are entrusted with upholding the rule of law, face numerous challenges that compromise their ability to effectively carry out their duties.Elsewhere in this edition, we carry a story on the lamentations of the officers of court.The prosecutors have raised a number of concerns, calling for urgent attention from all relevant stakeholders, including the President, Minister of Justice and the Attorney General. Their...