Voters Should Punish Any Politician who Supports Constitution (Amendment) Bill

Adam Phetlhe

Under other democracies, the question of how the country’s Constitution was, or is reviewed/amended would determine whether or not the political party in government undertaking that task wins or loses a general election. 

Any political party worth its salt would tread very carefully & not take citizens for granted in reviewing/amending the  Constitution particularly in an election year. 

Nevertheless, the BDP has done just that. For avoidance of any doubt, let me make it abundantly clear that I would make the same call if either the BCP or UDC were in power & purporting to review/amend the Constitution in the manner the BDP is undertaking the process.

Constitutional law scholars, civil society organisations led by BOCONGO, trade union federations, opposition political parties & some Batswana in their private capacities, have made a loud call to President Masisi as a matter of urgency at the very beginning & when the process was ongoing, that he reconsiders his position on the review/amendment of the Constitution by accomodating their views or proposals on how to undertake the process.

The President would have none of it & proceeded. As if that was not enough, the President & the Minister in his office Rre Kabo Morwaeng discouraged Batswana from proposing direct election of the President. This proposal does not appear in the Bill. 

It is pretty certain the Bill will pass in parliament given the numerical advantage the BDP enjoys & crucially that, it doesn’t appear at this stage any other process could stop the Bill. The only plausible process left for those who feel aggrieved by the turn of events is the ballot box. Voting against BDP parliamentary candidates would ensure the Constitutional process can still be cured even if the Bill would have been passed by the current parliament. 

There will be other parliamentary candidates on the ballot paper to choose from. A Constitution has been ably described by those who know as ‘A mirror reflecting the national soul’. The fact that there are notable dissenting voices suggests the Bill doesn’t reflect the  nationa soul. Or does it? 

The Constitution is a sacrosanct instrument & must therefore be treated with the respect it deserves. Writing in a paper titled ‘Towards A People’s Constitution of Botswana’, Botswana’s own Justice Key Dingake says’ A Constitution developed through wide consultations with the people that it is intended to serve is more likely to be widely accepted and respected document than the one crafted behind the scenes and foisted onto the people’. I am prepared to be brutally lynched.