President Mokgweetsi Masisi has laid the ground for constitutional reforms after indicating that among his suggestions would be having half of cabinet ministers being appointed from outside parliament. Prior to meeting opposition leaders on Thursday, Masisi had stated that he would definitely begin a conversation of constitutional reforms.
“We are considering that [reviewing the constitution] and part of my suggestion is the possibility of having half of the cabinet being appointed outside parliament,” Masisi told the media. Botswana, at independence adopted a constitution which mirrored the Westminster system where Ministers are drawn from members of parliament. Coincidentally, Britain has stated the debate on the possibility of the appointment of non-parliamentary ministers: ‘A prime minister could appoint a small number of unelected ministers of state, who would be answerable to Parliament without being members of parliament.
Masisi’s press conference has been preceded by an announcement that the All Party Conference will be revived and also be reformed to give it a broad mandate. All Party Conference was instrumental in ushering in the 1997 constitutional reforms, which brought among others; 10 years presidential term limit, establishment of Independent Electoral Commission (IEC) as well as reduction of voting age from 21 years to 18 years. The forum has however been dormant for a period exceeding 10 years. The reforms have been a debate has been ongoing in various quarters including in the ruling Botswana Democratic Party (BDP) and also in the opposition and trade unions.
BDP PROPONENTS OF CONSTITUTIONAL REFORMS
In 2015, former party legislator, Botsalo Ntuane, who was contesting for the party Secretary General position instigated a debate on what he called the reform agenda. Part of Ntuane inspired reforms is to avail party funding for all political parties participating in the general elections and introduction of a hybrid electoral system, which has the features of both the First-Past-The-Post (currently used by Botswana) and Proportional Representation.
A resolution was passed by BDP delegates at Mmadinare Congress and party Sub-Committee on Political Education and Election Committee (PEEC) chaired by the late GUS Matlhabaphiri was mandated with exploring the feasibility of the proposed political and electoral reforms. The committee has also been tasked with exploring through benchmarking whether consideration should be given to party political funding by government.
Its finding however had never been further discussed in subsequent congresses amid reports that the then former president, Lt Gen Ian Khama was not in favour of the proposed report. In 2016, BDP legislator, Polson Majaga, who is also MP for Nata/Gweta noticed a motion that sought to introduce a direct election of president as well as allow for president to appoint cabinet outside parliament.
Majaga argued that president has many powers under the current constitution and wields so much authority therefore parliament should not elect him on behalf of the people. Majaga was speaking in reference to chapter 4, section 32 of the constitution which states that the President of the republic shall be determined by the number of parliamentary seats his party has won in a general election.
Majaga who spoke in favour of cabinet ministers who not selected from sitting Members of Parliament as the current status quo asserted that cabinet ministers are constrained and overstretched as they have to meet the demands of the ministry and the constituency they represent. He went on to say that, should ministers be selected from outside Parliament, the President would be able to bring experts with a wealth of experience to head the ministries.
“I believe ministers should focus on their ministerial portfolios and account to Parliament. In the current system, Permanent Secretaries are the ones who represent ministries during their meetings with the Public Accounts Committee instead of ministers,” he told Weekend Post then. He also shared the same sentiments with opposition legislators that selecting ministers from sitting MPs was weakening Parliament as those ministers automatically become part of the executive.
The idea of constitutional reforms has also been supported by former party Chairman Moyo Guma who is also a MP for Tati West had the intention of tabling a private member bill calling for direct election of President. The bill is yet to be tabled in parliament.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.