AG PRESS RELEASE: IMPLICATIONS OF THE PENDING CONSTITUTIONAL CASE ON THE ELECTION OF THE SPEAKER, DEPUTY SPEAKER AND THE ENDORSEMENT OF THE VICE PRESIDENT Oct 31, 2014, 3:47 PM From Jeff F. Ramsay Details Republic of Botswana - Office of the President 31/10/14 From: Dr. Jeff Ramsay Please find below: ATTORNEY GENERAL PRESS RELEASE: IMPLICATIONS OF THE PENDING CONSTITUTIONAL CASE ON THE ELECTION OF THE SPEAKER, DEPUTY SPEAKER AND THE ENDORSEMENT OF THE VICE PRESIDENT I considered it appropriate, for the avoidance of doubt, and in light of the events and media commentary following the recently held general elections, to communicate with the general public regarding the constitutional application before the High Court with respect to the election of the Speaker, Deputy Speaker and the endorsement of the Vice President. Following the general elections that were conducted on 24 October 2014, and in my capacity as the Attorney General, on the 29th of October I instituted legal proceedings in the High Court on an urgent basis to determine the constitutionality of certain Standing Orders of the National Assembly relating to the election of the Speaker, Deputy Speaker and the endorsement of the Vice President. The specific remedy being sought in the legal proceedings is for an order declaring Standing Orders 4.3, 4.4, 4.5, 4.6, 4.11, 4.14 and 6.1 to be unconstitutional and ultra vires section 89(5) as read with sections 39, 59, and 74 of the Constitution. As will be expected in such a matter of national interest, the media and the public in general have shown significant interest in this case, specifically, the nature of the legal issues it raises, and its consequences for the operations of the government and Parliament in particular. The constitutional milestones following the general election have unfolded as follows: * Following his swearing in on 28 October 2014, His Excellency the President issued a Proclamation under section 90(1) of the Constitution declaring that a session of Parliament be held on 31st October 2014; * Parliament was indeed convened on 30th October 2014, and all 57 Elected MPs and 4 Specially Elected MPs were sworn in by the Clerk of the National Assembly in accordance with section 71 of the Constitution, as read with section 76(2) of the Constitution and Standing Order 4.2 of the National Assembly. However, the Clerk of the National Assembly did not proceed to elect a Speaker, Deputy Speaker and endorse the Vice President; * This was on the basis of my advice that in light of the pending court proceedings, no Parliamentary transaction touching upon the standing orders in question should be undertaken, as that would violate the sub judice rule. * Following the swearing in of the MPs, His Excellency the President appointed the Cabinet under the provisions of Chapter IV, Part II of the Constitution, whose members were announced on 30 October 2014. The Executive Branch of government is therefore fully operational. * According to the Constitution, no business shall be transacted in the National Assembly (other than an election to the office of Speaker) at any time when the office of Speaker is vacant. This means that pending the final decision of the Courts, Parliament shall not sit to conduct its business. * However, an orientation seminar will be held as planned for members of the 11th Parliament on 3rd to 7th November 2014. It is against the foregoing that I appeal to the media and other commentators to exercise caution when reporting on this weighty and complex constitutional matter. Regrettably, some reports have been at best inaccurate, and at worst misleading. Without delving the issues before the Courts, which shall in due course be pronounced upon by the Courts, I must emphasise the following: 1. The perception which has been created by some reports that His Excellency the President, in his capacity as such, or, alternatively, as the head of his political party, the Botswana Democratic Party, approached the Court through my office is not correct; 2. The fact of the matter is that the ex parte application has been lodged by the Attorney General, who has the constitutional mandate to do so. It has been duly served upon the three parties who are represented in Parliament: the Botswana Democratic Party, the Botswana Congress Party and the Umbrella for Democratic Change, who are cited as Respondents in view of their interest in the matter. 3. Finally, I wish to reiterate that the Constitution is the supreme law of Botswana, and the Attorney General, like all elected officials and public officers, has sworn allegiance to uphold it. This is the basis upon which the application to the High Court is predicated. DR. A. L. MOLOKOMME ATTORNEY GENERAL 31 OCTOBER 2014
Posted on: Fri, 31 Oct 2014 19:59:52 +0000
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