Mother of the house waves white flag on constitution fight
Mochudi West Member of Parliament and Mother of the House, Dr Unity Dow, has conceded that there is not much the opposition can do to block the Constitutional Amendment Bill, since the ruling party enjoys a clear numerical advantage in Parliament.
“The ruling party and the independents have the numbers to pass any law it wishes,” Dow said. “Our job is to present our position to the government and the public, and we have done that. It’s now up to the government to decide what path to take. They can ignore dissenting voices and charge ahead,” she said in response to The Voice inquiry following the Botswana Congress Party (BCP) walkout last Monday.
The former judge cited the Dibotelo Commission Report at page 142, which states that the current system of handling constitutional matters through the High Court is adequate.
“The Commission noted that no evidence was provided regarding statistics of constitutional cases that reached the Court of Appeal. Further, there was no proof that the current system of dealing with constitutional matters is not effective,” the Dibotelo report reads in part, further noting that the majority of Batswana are in full support of the death penalty.
However, President Advocate Duma Boko has also cited the report, arguing that Batswana have indicated that they want the establishment of the Constitutional Court.
Meanwhile, civil society, comprising trade unions, the Botswana Council of Non-Governmental Organisations (BOCONGO), faith-based organisations, and the Botswana Federation of Trade Unions (BFTU), has issued a warning to the Umbrella for Democratic Change (UDC) to uphold transparency in the proposed constitutional amendment exercise.
The organisations have said that the constitution of Botswana should be borne out of broad consultation, reflecting the voices and aspirations of all Batswana, and should guarantee participation at every stage of the reform process, from design to drafting and adoption.
They further demand that the constitution should serve as a unifying social contract between citizens and the state, founded on shared values of justice, dignity and democracy.
They expressed concern that the current bill lacks transparency and a clearly defined roadmap, with no consultations held on the envisioned process or its implementation timeline.
“The Bill has not been preceded by comprehensive consultations with the public or key non-state actors. It raises questions about feasibility and resource allocation, given that the Bill, if enacted, would require a referendum on the broader constitutional review itself and elections within a very short timeframe, making a piecemeal approach unrealistic and placing significant strain on available resources,” the organisations warned in a statement issued on Tuesday.
They also said that the bill has a lot of inconsistencies with national commitment on the constitutional review process and fails to prioritise civic education and public awareness and falls short of ensuring full accountability to citizens.
The civic society has demanded a full withdrawal of the bill so that the government can fully engage other stakeholders and commit to working with the government to promote collaboration and mutual trust in shaping a more inclusive constitution.
“We commit to working in solidarity to safeguard the principles of transparency, participation, and accountability throughout the constitutional reform process.”
