In the name of the father

Francinah Baaitse
MAKING CHANGES: President Masisi

*Cabinet to review discriminatory law

*Constitutional law discriminates against non-indigenous Batswana

President Mokgweetsi Masisi says his Cabinet is working on correcting a constitutional law which has been descriminating those whose fathers are not indigenous Batswana from qualifying for the country’s Presidency.

Responding to a media question relating to the seemingly gender inequality law, during a recent joint media briefing with Zimbabwe President, Emmerson Mnangagwa, Masisi explained that, “When we consulted the public on the constitutional review, they were very clear that they (public) want to make exceptions to holding significant positions such as the Presidency, not so much on the basis of citizenship of this country but it was more to do with dual citizenship.”

He further explained that this will surely pass through Parliament. He therefore advised those who may not like this provision to challenge it through the other arm of governance, which is the Judiciary.

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“If there is an appetite to challenge it in the High court, to determine its constitutionality, that can be so but in terms of compliance; to make sure we eliminate discrimination on the basis of paternity, that we have passed, we are only regularizing now, it has to be there, I concede.”

Government Paper number 1, on the presidential commission of enquiry into the review of the constitution of Botswana, which was approved by Cabinet in November 2023 has suggested that, “Appointment of the President on basis of father’s and not mother’s birth right was viewed as discriminatory,” and needs to be reviewed.

Masisi maintains that the country does not necessarily describes an indigenous Motswana on paternity grounds.

Section 31.1 of the country’s constitution suggests that, “Any person who although his or her father was a citizen of Botswana at the time of that person’s birth, had, by virtue of his or her having been born outside Botswana, to be registered as a citizen of Botswana under the law relating to citizenship in force at that time, shall be regarded as a Citizen by descent.”

The presidential Commission in its report had advised, “There were suggestions to revise section 33.1 of the Constitution to reflect that the Presidency of the Republic of Botswana should only be held by an indigenous Motswana (a progeny of indigenous Batswana.), others expressed that the grandparents of the President should also be Batswana.”

The Commission further noted that Batswana suggested that, “Appointment of the President on basis of father’s and not mother’s birth right was viewed as descriminatory. The view was that the relevant provision in the Constitution should be reviewed for fairness.”

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On the same report the commission recommended that people holding dual citizenship will have no right to hold certain positions of power including joining the army or security arms of government, “children born to a Motswana and not Motswana parent, and children born to a single non-citizen mother in Botswana, holding dual citizenship should not be permitted to occupy offices of Councillor, Member of parliament, Cabinet, Minister, Vice President, President and Judicial officers (masters, registrars and Judge) and should be barred from joining disciplined forces.”

The cabinet agreed with the recommendation and noted that it was necessary and in the interest of national security and that ministry responsible should review positions to which this limitation must be extended to and include other security sensitive positions.

The view was that relevant provision in the constitution should be reviewed for fairness.

Commenting on the matter, the newly appointed Gender Commission said it was yet to meet and review the Paper 1, and therefore declined to comment on the matter which they described as “sensitive.”

Meanwhile Zimbabwe President, Mnangagwa indicated that his government does not have such a law and allows for every Zimbabwean national and citizens to run for presidency is they so wish.

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Botswana and Zimbabwe has different electoral systems, while Botswana uses First Past The Post where the leader of a party with majority votes automatically becomes state president, Zimbabwe has direct election of the president.

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