RESPONSE TO PARLIAMENTARY QUESTION ASKED BY HON. W.B. MMOLOTSI, MP (FRANCISTOWN SOUTH) Question: To ask the Minister for Presidential Affairs and Public Administration to state:- whether the Head of State is empowered by law to overrule Parliament. Minister’s Answer: Madam Speaker, the primary mandate of Parliament is to “make laws for the peace, order and good government of Botswana”. This has been clearly pronounced under section 86 of the Constitution of the Republic of Botswana. However, under section 87 of the Constitution a President can, for example, withhold his or her assent to a Bill passed by the National Assembly, while the National Assembly under the same section is empowered to override the said refusal. The National Assembly is, of course, also empowered to pass a motion of no confidence in the Government of the day, while the President is empowered to dissolve Parliament. That being the position, in the context of Botswana, the use of the word “overrule” is inappropriate in the sense that the law provides for checks and balances in the execution of duty by the 3 arms of the State. I thank you. (Delivered 25/7/13)
Posted on: Fri, 26 Jul 2013 10:19:08 +0000
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