Civil society organizations (CSOs) have continued to be relentless in their pursuit to have the constitutional amendment bill of 2024 withdrawn from Parliament. At a public lecture organized by Motheo o Mosha on Friday afternoon, CSOs, academia, media all supported the course for a people centric constitution. CSOs stated that they will not tire in the fight for a new constitution representing the aspirations of the people.
According to CSOs, the process that transpired wasn’t participatory as it was remote controlled from somewhere. CSOs believe history will judge them harshly if they choose to remain silent.
To this end, CSOs criticized Minister of State President, Kabo Morwaeng for saying Batswana were thoroughly consulted. According to CSOs, it showed from the Kgotla meetings that most citizens were not conversant with constitutional issues.
Commenting on the discussion at the event, Botswana Federation of Public Private and Parastatal Sector Unions(BOFEPUSU) social dialogue specialist, Keaoleboga Dipogiso said Batswana were a society that is apathetic to issues. Dipogiso, said the need for political education is very critical.
Meanwhile, according to Justice Key Dingake, a former High Court Judge, the constitution must accord checks and balances. He stated that elsewhere where constitutional reviews were conducted, the process was prolonged as in the case of Namibia. He said in Zimbabwe the process brought political parties together while in Kenya it gave people the power to initiate change themselves.
Dingake further indicated that a transformative constitutional order is one where rights are broadened such as land and water rights. He further stated that there is a need for a constitution stipulating the obligations of the state in respecting, protecting and promoting all rights.
Executive Director at Botswana Council of Non- Governmental Organizations (BOCONGO), Kagiso Molatlhwa, said they cannot afford to be passive about the subject matter. Molatlhwa said anybody who purports to be a constitutionalist cannot ignore insights shared by Justice Dingake. She queried why government failed to listen to them even though they represent the voice of people. However, she stated that CSOs remain undeterred and will fight to the very end.
Professor Zibani Maundeni, a political science lecturer at the University of Botswana said the Botswana Democratic Party(BDP) has set precedence in which it makes laws by itself. Maundeni stated that even at independence, the BDP ignored the Botswana People’s Party (BPP) call for a referendum in some of the constitutional issues. Maundeni hailed the civil society and urged them to resist laws that only favor those in power.
CSOs said they will continue to chat a way forward and engage with the public on the matter.
Amendment reviewable
Justice Professor Key Dingake, a former High Court judge in Botswana has urged the civil society to seek a review of the constitutional amendment bill in the courts of law. Dingake, who serves as a judge in Papua New Guinea made the remarks at a fundraising public lecture organized by Motheo o Mosha on Friday afternoon in Gaborone.
Prof Dingake stated that the actions of Parliament can be reviewed by the court. The Justice explained that the courts can set aside anything amended by Parliament. He explained that a constitution is a product of the people that bundles their promises. He said for it to take shape, there must be a judiciary willing to breathe life into it. He said it is a process that should be inclusive of all stakeholders.
According to Justice Dingake, Botswana’s identity mark is that it is a republic as espoused by the constitution. He said the authority of government is thus derived from the will of the people. “An untransformed judiciary cannot do service to a transformative constitution,” he said.
He highlighted that a transformative constitution is one that entails giving people a voice. To this end, he said, it is one that understands that you cannot attain justice without equality.
Chairperson of Motheo o Mosha, Morena Monganja stated that the purpose of this engagement was to continue to educate people about the constitution. Morena outlined that civil society has a role to play in the amendment of the constitution.
For his part, Pastor David Seithamo of the Evangelical Fellowship of Botswana (EFB) stated that as a church they don’t want to be left behind. He pledged support to the civil society in the resistance against the bill. Seithamo noted that as the church they will come up with a strategy to add to the public education on the matter.