The latest developments on the two issues of prostitution and homosexuality suggest that perhaps the time is ripe for Batswana to decide through a referendum on whether they wish for homosexuality and prostitution to be legalized. Such a process should accord Batswana a chance to thoroughly debate the matter through the kgotla, the media and various fora on whether legalizing same sex and prostitution is the best way to go for the country. Recently we have heard the views of various influential persons in the society, amongst these the former President Rre Mogae. Such views are important to the national debate. But democracy is principally about the rule of the people and it is the people themselves who must decide on how to proceed on the matter and not the leaders.
Various political leaders as well as leaders of religious groups, such as the Evangelical Fellowship of Botswana, have expressed their views on the matter. However it is important that the views of the people themselves are known through a referendum.
Same sex relationships and marriage may be academically unproblematic since as some have argued, they are really about the bedroom matters. However, it is not true that these issues are only about the bedroom, but also about the culture and the society of a people. The matter of relationships is also defined socially and not just privately. For instance, part of the reason that we frown upon cross generational relationships is because they are generally socially sanctioned. This obviously doesn’t mean that they do not exist; but that we believe they shouldn’t. The matter of whether one is of the right age to marry is socially defined as well and the law exists only to reinforce what is already a socially held view. The matter of legalizing homosexuality or prostitution therefore will have far reaching consequences on the society and not just to private individual. In the past, the issue has been crafted around HIV/AIDS, perhaps because of the matter of condom distribution in prisons which was considered as one of the routes of combating HIV spread in prisons. However, the issue is beyond HIV spread. It is about a people’s way of life, beliefs and culture. For Batswana to vote on whether to legalise or not to legalise prostitution and homosexuality the matter must be explained in a way that makes sense to them. We need to explain in the clearest of terms that mokapelo, mosadi, mogatsa, rre, mme and many such Setswana terms will from henceforth change because of the law. Go tlhalosediwe Batswana gore kana ngwana yo wa gago wa mosimane o kanna a ntshediwa magadi ke mokolwane yo mongwe wa kgotla yoora semangmang ka jaana ba a ratana. Kgotsa Mmaagwe Matshediso a itsisiwe gore mogwe wa gagwe jaanong e ka nna ya nna mosadi ka molao o letlelela gore basadi ba gokagane ka tsa lorato. These issues must be explained in simple and practical terms that would be clear to a Motswana living in Molepolole, Serowe, Mmashoro, Tshidilamolomo or Mapoka. Batswana must be told that as a government or a government in waiting re ne re re a ga go botoka bana ba lona re ba letlelela go ithekisa. Re le puso re tlaa netefatsa gore fa ba ithekisetsang teng go tlaa nna phepa gore ba seka ba tsenwa ke malwetse. Ithekiso e, re bona e le yone e e ka lwantshang lehuma ya bo ya fokotsa kanamo ya mogare.
For various MPs to continue arguing that they support this or they are against it doesn’t really help. What is now important is for the argument and decision to be taken to the people. Let the people decide. The leaders must not be paternalistic or be swayed by the influential minority. If we are truly democrats who believe in the power of a vote and the voice of the people, what finally must happen is that the people themselves must speak and their voice must count for something. In the current mood, it has been argued before that the government does not listen and fails to consult the people. Some have argued that in the matter of the suspension of Kgosi Kgafela II, the people of Kgatleng were not consulted and he Kgafela was not consulted on the matter. Here is a matter which could be settled once and for all by a simple referendum. Hopefully, the referendum will give both the liberal and the hardnosed traditionalist equal space to debate and most importantly vote. There will be the religious zealot with a string of verses on Sodom and Gomorrah, abomination and the burning brimstone which shall befall those who do these things. Others will argue that these things are foreign. And yet others will argue on the dynamism of culture and the need to preserve the rights of the minority. They will argue that certainly democracy cannot be the tyranny of the majority. However, all must have a space to speak; mmualebe o bua la gagwe gore monalentle a le tswe. Finally, we must not just talk; we must also vote; we need to quantify the number of people who are for or against the legalization of these ways of life. Democracy must offer space for all to be heard and then equally offer space for a decision to be made to resolve a social impasse. Currently there are different lobby groups. Some are lobbying members of parliament; either for or against the legalization, others are lobbying big businesses to oppose or support their campaigns. All of these processes are interesting but in a democracy the people must decide; their voice must be heard. Their wishes must be respected and decisions must not be made on their behalf. This is why the government must be proactive and consult Batswana and allow them to decide. We however must be careful not to define consult as meaning tell, in which case democracy would have failed since the voice of the people would have been subdued by interest groups.
What must be promoted is open debate and informed choice. We have recently received reports that the leader of Opposition in parliament, Hon. Ntuane has filed a motion in Parliament requesting government to conduct a national referendum on whether the Constitution of Botswana should be reviewed. This move is commendable. However, there is also an equally burning matter of the legalization of homosexuality and prostitution. We ask that it be taken to the people in a referendum. Let the people speak and their voice be heard and respected.
