TODAYS RESPONSE CLOSING THE DEBATE ON THE STATE OF THE NATION ADDRESS BY THE VICE PRESIDENT MASISI (Part 3) 30. Madam Speaker, the Honourable Leader of Opposition amongst others, has also stated that the October 2014 elections were not free and fair. As a legal professional he knows the legal definitions and framework of “free and fair”. He however, in his submission dismally failed to elaborate the unfairness of the elections. International observers and indeed the BDP are content with performance of the Independent Electoral Commission (IEC) in handling this mammoth task. 31. On that note, let me take this opportunity to clarify issues that may confuse some people: unlike in the United Kingdom, Botswana has a written Constitution and while in the UK Parliament is supreme according to their law; this is not the case in Botswana. In Botswana therefore, we have Constitutional Supremacy as opposed to Parliamentary Supremacy. In other words, the Botswana Constitution is the starting point for determining the powers and mandate of the various branches of government, viz, Executive, Parliament and Judiciary. This is often referred to in constitutional law parlance as separation of powers. 32. According to the constitutional doctrine of separation of powers, the three organs of government, the legislature, executive and judiciary, have their own, separate spheres of operation. The Botswana Constitution delineates these spheres and in section 47 (1), vests executive power in the President. The formulation of government policy is a vital function of the Executive, and the Constitution under section 50(2) specifically provides that “The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his functions”. 33. The role of Parliament is to make laws, and this power is granted by section 86 of the Constitution. According to the doctrine of the separation of powers, the legislature makes the laws; the executive put the laws into operation; and the judiciary interprets the laws. The powers and functions of each are separate and carried out by separate personnel. No single agency is able to exercise complete authority, each being interdependent on the other. Power thus divided should prevent absolutism or corruption arising from the opportunities that unchecked power offers. The doctrine the separation of powers can be extended to enable the three branches to act as checks and balances on each other. 34. Each branch’s independence helps keep the others from exceeding their power, thus ensuring the rule of law and protecting individual rights. With respect to the draft bills referred to by Hon Mangole, as far back as 27th March 2012, the National Assembly was advised by the Attorney General’s Chambers (AGC) in writing that the proposed Bills contains provisions that are contrary to the Constitution and repeat provisions of the Public Service Act. 35. On 5th October 2012 the Attorney General further advised the National Assembly that some of their proposals were unconstitutional, some were in conflict with existing laws while some were a repetition of existing laws. That notwithstanding, the National Assembly proceeded to outsource the drafting of the bills to a consultant. The AG has consistently advised on this position at a number of meetings held during the 10th Parliament, specifically those chaired by the former Vice President Dr PHK Kedikilwe, in the presence of the former Speaker during 2014. 36. Furthermore, in relation to coverage of opposition parties by Government media, I am sure we can all agree that during the last election our Department of Broadcasting Services successfully held prime time debates for parliamentary candidates in each constituency. As most of us sitting here were the direct beneficiaries of this exposure we can all agree that this was a commendable effort. The broadcasting department, in consultation with the political parties, also implemented a framework to ensure the equitable coverage of political campaigning during the period. 37. Given these facts, I must say that I am surprised at the suggestion some in this House that they did not receive BTV or radio coverage, as I recall seeing and hearing them myself. When it comes to issues of fairness and a lack of balance in coverage one wonders if they were confusing BTV and the Daily News for some other media whose political biases throughout the campaign were overt. 38. Madame Speaker, I wish to appreciate and concur with the Honourable Leader of Opposition on the issue of the BDP being held accountable for Government programmes and policies. Batswana at large should, and legitimately so, hold BDP accountable for performance of programmes and policies. The Honourable Leader of the Opposition will subject government programmes to rigorous monitoring and evaluation; a welcome and expected move in our democracy. The BDP Government advocates for participatory leadership, so this effort by opposition will go a long way in ensuring that programmes are implemented under the watchful eye of all of us: the BDP, those in the opposition and those in various committees, as prescribed by the standing orders of the House. 39. Madam Speaker, the Leader of Opposition further suggests that the BDP might ignore or side-line ideas and proposals from the opposition. Let me assure the Honourable Leader of the Opposition not to lose sleep over that. Fundamentals of Democracy promote tolerance and appreciation for opposition. This is not new to our culture as it accommodates dissenting and divergent views hence the idioms “mmualebe o bua la gagwe, gore monalentle a le tswe” and “mahoko a kgotla a mantle otlhe”. This unique interactive culture has been successively demonstrated in this House since independence and laws have been enacted through the process. Welcome to Parliament, Hon. Colleagues. 40. As the Leader of this House, I would be terribly worried if opposition members would silently watch the proceedings of this Parliament without substantive contribution. His Excellency the President has opened doors and dialogue with the Leader of Opposition, to precisely demonstrate proclivity for cooperation and collegiality. Rest assured Sir, we will embrace your ideas as allowed by the rules of this House. I applaud you for seeking audience with His Excellency, post elections. My meeting with the Leader of the Opposition and his deputy was fruitful as well, as we agreed to try to resolve outstanding issues of House procedure.
Posted on: Tue, 09 Dec 2014 17:04:16 +0000