The failure of a Constitutional Commission

The best way to judge a president is not to listen to him.
Rather it is to observe his actions.


Much of the rhetoric from the president’s Reset Agenda makes reference to new thinking.
Yet the commissioners he appointed to the Constitution Review have recommended taking Botswana to the dark ages.


A friend of mine who is often subtle in his political criticism was this time more searing.
“This is one commission that was smoking its socks,” he told me as we tried to make sense of the report.


“I wonder if they are not embarrassed following the public reactions,” he added.

The shallow analytical discourse of the report is a reflection of the general texture of the current government.
It lacks probity.  And there is no evidence of a thorough debate in cabinet before big decisions are taken.


Ahead of 2019 general elections, there was consensus that there had to be Constitutional Reform.
The constitutional review was supposed to form the centerpiece of President Mokgweetsi Masisi reforms.
It was supposed to be the signature undertaking that for Masisi presidency, a flagship of his legacy.


Now it might  turn out to be a symbol of his failures.
The report together with its findings are an unmitigated farce.
Not only do the contents of the report make light of the problem at hand which is Botswana state hood beyond 50 yearsof independence,  it also diminishes the reputation of the commissioners especially the chairman and his deputy and secretariat that included quite some established names in the public service.


The report is out of step with modern times realism.
For example it says a child born out a Motswana and a non-motswana should be barred from holding a suite of political offices.

The report reads like the creation of yet another national aimless vision report post 2036.
A constitution has to be based on principles.
The constitution’s should also not lend itself to constant amendments.


Yet this one will not only be amended but thrown away by the next government in power.
This is because this commission does not  seem to have fully internalized even the most elementary of those principles like third generation human rights for examples.

From the beginning tere were stark differences on how to go about the whole process.
When president Mokgweetsi Masisi announced the commission of enquiry on the review of the constitution the opposition in general decried a lack of consultation.
Some argued that parliament should have been involved through the creation of a law specifically for the exercise.


In a manner that has tragically now become typical of him president Masisi opted not to listen to opposing views. He even sent out his kitefliers to argue that Botswana Democratic Party was not running a government of national unity.


The commission was chaired by a former chief justice,  Maruping Dibotelo. His deputy was Johnson Motshwarakgole, a veteran trade unionist with a strong background in opposition politics.


The commission makes suggestions on how to change names of various places,  territories and districts.
The names suggested are ridiculous.  They are worse than the names they want to replace.  Again here the commission demonstrates a shocking lack of political nuisance and subtlety.


I do not see how Motshwarakgole I know would agree to the suggested names if he was not a member if that commission.
It would seem like his thinking has been clouded by his appointment to a commission of enquiry by a president.


The commission says for example there should be no direct election of the president.
There are many people who subscribe to this school  of thought.  But they will be embarrassed by the reasoning provided by the commission.


In several instances the commission spells us what the people want. And then goes on to recommend the opposite.
This shortcoming has not escaped the attention of my friend.


“Imagine a former chief justice who sees nothing wrong with undermining the views of the public by picking and choosing which views he likes. What a mess,” he concludes.
The leader of the UDC, Duma Boko will no doubt feel vindicated.


From the onset he was part of those who never gave the commission a chance.
He has insisted that UDC will have to do a proper Constitutional Review once in power.

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