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Parliament is not supreme VP Masisi

Masisi warns Parliament against outsourcing bills drafting  

Vice President Mokgweetsi Masisi has cautioned against the ‘misconception’ that the National Assembly is supreme in Botswana. Responding to President Lt Gen Ian Khama’s State of the Nation Address, Masisi observed that Botswana has Constitutional supremacy.  

The Vice President observed that there are issues that may confuse some people – he said 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,” he explained.

Masisi said 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 Vice President said 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".

“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” explained Masisi.

Masisi said 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, the Vice President said 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.  


Masisi also warned Parliament against outsourcing drafting of bills to consultants.


He observed that on the 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.”

 

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BAD WEEK FOR MANCHESTER CITY

6th February 2023

After falling to close the gap on Arsenal by losing to a record breaking goal by Kane at the Tottenham stadium.Manchester City now find themselves being charged by the Premier League with more than 100 breaches of its financial rules following a four-year investigation.

According to BBC , it has referred the club to an independent commission over alleged rule breaches between 2009 and 2018 , and also that Man-city has not been co-operating since the investigation which started in 2018 .

BBC further states that The commission can impose punishment including a fine , points deduction and expelling the club from the Premier league.

The alleged breaches include ,  breaching rules for requiring full details of manager remuneration,from 2009-2010, to 2012-2013 seasons when Roberto Mancini was in charge . Also player remuneration between 2010-2011 and 2015-2016.

The Premier league stated that City breached rules related to UEFA regulations , including Financial Fair Play , from 2013-2014 to 2017-2018 ,as well as Premier League rules on profitability and sustainability from 2014-2016 to 2017-2018

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South Korean Embassy aids students living with disabilities

6th February 2023

South Korean Ambassador in South Africa has donated e-learning equipment through Botswana Red Cross Society (BRCS) to Tlamelong Rehabilitation Centre in Tlokweng recently, in a bid to fine tune the student’s textile skills.  

When talking at the handing over ceremony, Chull-Joo Park, said they agreed with BRCS to give out e-learning equipment to better the training skills of students living with disabilities.

“With the Information and Communication Technology (ICT) equipment and job training skills, we will be able to help the students living with disabilities to do e-learning and to better their education and job training,” said Chull-Joo Park.

It was revealed that the South Korean Embassy approached BRCS with the intent to donate equipment and educational material that includes an embroidery machine, photo copier machine, tablets and interactive boards to be utilized by the trainees.

The industrial printer is a machine that works with embroidery machine to print designs for clothing and it will enable the learners to have more material available to them to facilitate learning.

Through this embroidery machine, students will be exposed to better technologies which ultimately improve the quality of materials they produce. It will also allow students to learn business skills and run profitable ventures.

Smart board gadgets will provide the students with an elevated learning process to be fostered by e-learning. The gadgets provide a more visual element to the learning process, which in turn improves learner mental retention.

Tlamelong Rehabilitation serves the marginalized and underserved less privileged persons living with disability in Botswana. The center offers boarding services, vocational training, social services, physiotherapy and rehabilitation services for young people living disabilities aged 18-35 from across the country over a period of two (2) years per cohort which has a maximum intake capacity of 35. BRCS through International Federation of the Red Cross and Red Crescent Societies (IFRC) have managed to create great working synergy with the South Korean Embassy in Pretoria based in South Africa to support or augment the National Society’s Rehabilitation Centre’s learning challenges.

For his part, BRSC Secretary General Kutlwano Mokokomani said they are delighted to convey their gratitude as BRSC to the South Korean Embassy for donation and they look forward to an enduring partnership for such worthy causes.

“South Korean Embassy’s great gesture will enable trainees to thrive, to fulfil their dreams to become a reality as this equipments will go a long way in creating great impact in the lives of trainees and their families. We wish to convey our sincere gratitude to the South Korean Embassy for their noble gesture of donating the E-learning equipments.”

BRCS offers rehabilitation services spread across three (3) areas in Botswana being Sefhare Stimulation center in Sefhare, Tshimologo stimulation center in Francistown and Tlamelong rehabilitation center in Tlokweng.

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DIS alleges plot to kill Masisi hatched in South Africa

6th February 2023

A dispute is brewing between Botswana and South Africa intelligence agencies over alleged mercenary training camps discovered in South Africa by the Directorate of Intelligence and Security (DIS). 

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