When the Constitutional Amendment Bill was dropped on 4 September 2024, a watershed moment in Botswana’s history was marked. Special Correspondent DOUGLAS RASBASH looks at the context of what happened and sees auspices of a new dispensation for Botswana.
The withdrawal of the Constitutional Amendment Bill following public protests presents a unique opportunity to realign the country’s constitutional framework with modern realities and aspirations. The development underscores the resilience and maturity of Botswana’s democracy, which has long been celebrated for its stability and governance. However, the moment was the culmination of a longer journey that began in 2021 with a comprehensive constitutional review.
A Historical Context
Botswana’s constitution, established at independence in 1966, has been the cornerstone of its political and legal systems. Over the past six decades, Botswana has evolved from a poor, agrarian economy to a middle-income nation, thanks to prudent governance, stable institutions, and natural resource management, particularly diamonds. However, the Botswana of 2024 faces new challenges, including shifting demographics, economic pressures, social changes and global dynamics.
Recognising the need for reform, the government initiated a Presidential Commission of Inquiry in 2021. The Commission sought public input from a wide range of stakeholders and conducted a thorough review of existing constitutional provisions. The goal was to ensure that the constitution reflected the contemporary needs of the country, and by September 2022, the Commission delivered its findings.
The Constitutional Amendment Bill
In March 2024, the Minister for State President, Kabo Morwaeng, introduced a sweeping Constitutional (Amendment) Bill that aimed to address governance reforms and expand constitutional rights. Some of the bill’s key proposals included:
- Fundamental Rights and Freedoms: New protections were proposed for intersex persons and people with disabilities, marking a significant step towards inclusivity. The Bill also aimed to elevate rights to health, education, work and collective bargaining as constitutional guarantees.
- Governance and Judicial Reforms: The Bill proposed limiting former presidents from holding significant public offices post-retirement, introduced a ban on dual citizens standing for the National Assembly, and sought to restructure the Judicial Service Commission (JSC) to enhance judicial independence.
- Parliamentary Representation: It proposed increasing the number of Specially Elected Members of Parliament (SEMPs) appointed by the President from 6 to 10, sparking concern over executive overreach. It also suggested direct presidential elections, moving Botswana closer to a direct democratic model.
- Tribal Neutrality: Reforms aimed to modernise the Ntlo ya Dikgosi (House of Chiefs) by introducing changes in the selection process, promoting tribal neutrality.
- Public Referendums on Moral Issues: Controversial issues such as abortion, same-sex relations, commercial sex work, and the death penalty were to be decided by public referendum rather than parliamentary debate.
Opposition and Growing Concerns
While the Bill aimed to modernise Botswana’s governance framework, it quickly met with resistance. Civil society groups, opposition leaders, and legal experts voiced concerns over both the Bill’s content and the process of its introduction.
- Civil Society’s Legal Challenge: A coalition of 44 civil society organisations, under the Botswana Council of Non-Governmental Organisations (BOCONGO), prepared for legal action if President Mokgweetsi Masisi did not withdraw the Bill. They argued that the process lacked transparency and inclusivity and called for a more people-centred approach.
- Concentration of Executive Power: The increase in Specially Elected MPs raised alarm as critics saw it as an attempt by the executive branch to consolidate its influence over the legislative process. They feared that the Bill would weaken democracy by allowing the President to stack Parliament with loyalists.
- Judicial Independence: Proposed reforms to the JSC, which remained largely under presidential control, were viewed as inadequate. Opposition parties demanded greater separation between the executive and judiciary to ensure judicial independence.
- Monopolisation of the Process: Opposition leaders, particularly of the Umbrella for Democratic Change (UDC), accused the ruling Botswana Democratic Party (BDP) of monopolising the constitutional review process. Dithapelo Keorapetse of the UDC described the review as the “most important democratic project of our time”, warning that it should not be controlled by the ruling party for political gain.
- Lack of Public Participation: Civil society highlighted the lack of public engagement in the constitutional review process. A petition demanding amendments to ensure public consultation criticised the government for excluding citizens from meaningful participation in shaping their constitution.
A Watershed Moment
As public opposition grew, so did calls for the Bill’s withdrawal. The situation came to a head on 4 September 2024 when widespread peaceful protests demanded a halt to the legislative process. These protests represented a crucial moment in Botswana’s democracy, showcasing the country’s commitment to peaceful civic engagement. The government’s decision to withdraw the Bill following these protests underscores a pivotal democratic victory, demonstrating the power of public opinion and civic responsibility.
Democratic Maturity
Botswana’s handling of the constitutional review process, particularly the peaceful protests, presents a powerful example of democratic governance, not just for Africa but globally. While many nations have faced protests turning violent, Botswana’s peaceful demonstration and the subsequent withdrawal of the Bill underscore the strength of its institutions and the civic responsibility of its citizens.
The episode highlights the importance of allowing more time for comprehensive dialogue and reflection, ensuring that future constitutional amendments truly reflect the will of the people. Botswana’s democratic system, while not without its challenges, has emerged stronger, showing that public dissent, when expressed constructively, can lead to positive change.
A Once-in-a-Generation Opportunity
Constitutional reviews are rare, often presenting a once-in-a-generation chance to redefine governance structures. Botswana, nearing its 60th year of independence, stands at a crossroads. The country must address complex contemporary challenges, including climate change, economic diversification, youth unemployment, and digital transformation. These issues require innovative governance solutions and greater inclusivity.
The withdrawal of the Bill offers Botswana an opportunity to pause, reflect and refine the process. It is essential that the next steps in the constitutional review be inclusive, drawing on insights from civil society, political leaders, the youth and rural communities alike. Ensuring broad-based participation will help create a governance framework that meets the aspirations of a modern Botswana.
The Road Ahead
As Botswana heads into its general elections in October 2024, constitutional reform will remain a focal point. Political parties must articulate their vision for the constitution and citizens must hold them accountable for creating a transparent, people-driven process. The peaceful protests of September 2024 have set the tone for a more thoughtful and inclusive approach to constitutional reform.
Botswana’s next steps in this journey should be measured, ensuring that the constitutional review process is not rushed but thoughtfully completed. This is an opportunity to strengthen democratic institutions, protect fundamental rights and set the stage for sustainable governance that will serve future generations.
Conclusion: A Beacon for Africa
Botswana’s recent constitutional review process serves as a beacon of hope and inspiration for democratic governance in Africa. The peaceful resolution of the protests, combined with the government’s willingness to listen to its citizens, demonstrates the country’s commitment to democracy. The withdrawal of the Bill is not a setback but a step towards a more inclusive and comprehensive approach to constitutional reform.
As Botswana continues its democratic journey, it sets an example for other nations facing similar challenges. This review is not merely about laws and governance; it is about ensuring that the constitution reflects the aspirations of all Batswana, creating a future rooted in equity, justice and progress. The events of September 2024 have shown that Botswana remains a model of democratic governance in Africa.
PULL QUOTE: The withdrawal of the Bill is not a setback but a step towards a more inclusive and comprehensive approach to constitutional reform.