AJCR Volume 4 No. 2, 2004
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The Politics of Executive Constraints Across Sub-Saharan Africa
REINING IN THE BIG MEN: THE POLITICS OF EXECUTIVE CONSTRAINTS ACROSS SUB-SAHARAN AFRICA A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Kristin Alisa McKie January 2012 © 2012 Kristin Alisa McKie REINING IN THE BIG MEN: THE POLITICS OF EXECUTIVE CONSTRAINTS ACROSS SUB-SAHARAN AFRICA Kristin Alisa McKie, Ph. D. Cornell University 2012 Under what conditions does the rule of law, especially with regards to the constraining of executive power, become institutionalized in newly liberalized countries where presidential authority has historically been greatly unchecked? This dissertation explores this puzzle by exploring two inter-related questions: first, why would a longtime ruling party acquiesce to institutional constraints being placed on the executive in the first place, and second, once implemented, why are these institutional rules able to successfully constrain leaders in some sub-Saharan states but not others? To address both questions, my dissertation investigates variation in the adoption of, and later adherence to, executive term limit laws and other constraints on presidential power across Africa. Based on both a medium-n quantitative analysis and extensive qualitative interview and archival data collected during eleven months of fieldwork in Uganda and Zambia, I construct an explanation that challenges previous assumptions about the development of constitutionalism in liberalizing countries. I argue that, due to the rarity of divided governments across sub-Saharan Africa, members of parliament from the ruling party ultimately choose whether or not to restrain executive tenure based on their perceptions of their party’s (and, therefore, their own) electoral competitiveness. -
Traditional Leadership: Some Reflections on Morphology of Constitutionalism and Politics of Democracy in Botswana
International Journal of Humanities and Social Science Vol. 1 No. 14; October 2011 TRADITIONAL LEADERSHIP: SOME REFLECTIONS ON MORPHOLOGY OF CONSTITUTIONALISM AND POLITICS OF DEMOCRACY IN BOTSWANA Dr Khunou Samuelson Freddie 1. INTRODUCTION An objective analysis of constitutional model of Botswana has a start from the colonial era within the political relations among the Tswana politicians, traditional leaders and the representatives of the Great Britain. This article seeks to discuss the role of the traditional leaders and politicians in the constitutional construction of Botswana with specific reference to both the 1965 and 1966 constitutions. With the advent of constitutionalism and democracy in Botswana, the role of the institution of traditional leadership was redefined. The constitutional dispensation had a profound impact on the institution of traditional leadership in Botswana and seemingly made serious inroads in the institution by altering the functions, which traditional leaders had during the pre-colonial and colonial periods. For example, constitutional institution such as the National House of Chiefs was established to work closely with the central government on matters of administration particularly those closely related to traditional communities, traditions and customs. This article will also explore and discuss the provisions of both the 1965 and 1966 Constitutions of Botswana and established how they affected the roles, functions and powers of traditional leaders in Botswana. 2. TOWARDS THE CONSTITUTIONAL CONSTRUCTION For many African countries, the year 1960 was the annus mirabilis in which most of them attained independence. Botswana also took an important step towards self-government in the early sixties. In 1959 a Committee of the Joint Advisory Council (JAC) presented a report recommending that this Council should be reconstituted as Legislative Council (LC). -
Election Violence in Zanzibar – Ongoing Risk of Violence in Zanzibar 15 March 2011
Country Advice Tanzania Tanzania – TZA38321 – Revolutionary State Party (CCM) – Civic United Front (CUF) – Election violence in Zanzibar – Ongoing risk of violence in Zanzibar 15 March 2011 1. Please provide a background of the major political parties in Tanzania focusing on the party in power and the CUF. The United Republic of Tanzania was formed in 1964 as a union between mainland Tanganyika and the islands of Unguja and Pemba, which together comprise Zanzibar. Since 1977, it has been ruled by the Revolutionary State Party (Chama Cha Mapinduzi or CCM). In 1992 the government legislated for multiparty democracy, and the country is now a presidential democratic republic with a multiparty system. The first multiparty national elections were held in 1995, and concurrent presidential and parliamentary elections have since been held every 5 years. The CCM has won all elections to date. The CUF, founded in 1991, constituted the main opposition party following the 1995 multiparty elections.1 At the most recent elections in October 2010, the CCM‟s Jakaua Kikwete was re-elected President with 61.7% of the vote (as compared to 80% of the vote in 2005) and the CCM secured almost 80% of the seats. Most of the opposition votes went to the Chadema party, which displaced the Civic United Front (CUF) for the first time as the official opposition. The opposition leader is Chadema‟s Chairman, Freeman Mbowe. Chadema‟s presidential candidate, Willibrod Slaa, took 27% of the vote, while CUF‟s Ibrahim Lipumba received 8%.2 Notwithstanding the CCM‟s election success, the BBC reports that Kikwete‟s “political legitimacy has been seen by some to have been somewhat dented in the 2010 elections”, given the decline in his percent of the vote, and a total election turnout of only 42%, down from 72% in 2005. -
The Republic of Botswana Second and Third Report To
THE REPUBLIC OF BOTSWANA SECOND AND THIRD REPORT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS (ACHPR) IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS 2015 1 | P a g e TABLE OF CONTENTS I. PART I. a. Abbreviations b. Introduction c. Methodology and Consultation Process II. PART II. A. General Information - B. Laws, policies and (institutional) mechanisms for human rights C. Follow-up to the 2010 Concluding observations D. Obstacles to the exercise and enjoyment of the rights and liberties enshrined in the African Charter: III. PART III A. Areas where Botswana has made significant progress in the realization of the rights and liberties enshrined in the African Charter a. Article 2, 3 and 19 (Non-discrimination and Equality) b. Article 7 & 26 (Fair trial, Independence of the Judiciary) c. Article 10 (Right to association) d. Article 14 (Property) e. Article 16 (Health) f. Article 17 (Education) g. Article 24 (Environment) B. Areas where some progress has been made by Botswana in the realization of the rights and liberties enshrined in the African Charter a. Article 1er (implementation of the provisions of the African Charter) b. Article 4 (Life and Integrity of the person) c. Article 5 (Human dignity/Torture) d. Article 9 (Freedom of Information) e. Article 11 (Freedom of Assembly) f. Article 12 (Freedom of movement) g. Article 13 (participation to public affairs) h. Article 15 (Work) i. Article 18 (Family) j. Article 20 (Right to existence) k. Article 21 (Right to freely dispose of wealth and natural resources) 2 | P a g e C. -
Election Update 2004 Botswana
ELECTION UPDATE 2004 BOTSWANA number 3 17 January 2005 contents Introduction 1 Free and Fair Elections 2 How the International Press Saw the October Poll 2 New Cabinet 3 Botswana Election Audit 4 Election Results 7 Opposition Party Unity in the Making 16 Parliament Adjourns 18 References 19 Compiled by Sechele Sechele EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of NORAD and OSISA Introduction executive secretary of the Section 65A of the Constitution Independent Electoral of Botswana in 1997 (see Botswana has now been Commission of Botswana Constitution Amendment Act independent for more than 38 (IEC), Mr Gabriel Seeletso. No.18 of 1997); which also years, with one party at the provides for the composition of helm – the Botswana In an interview in his office and the Commission. Democratic Party (BDP). a week after having a week- Elections are held every five long meeting with the The Commission consists of a years in this land-locked, Independent Electoral chairperson (Justice Judge diamond-rich and peaceful state Commission of Botswana; John. Mosojane), deputy and they are always declared Seeletso has expressed chairman (Private Attorney free and fair. The 30 October complete satisfaction with the Omphemetsee Motumisi), and 2004 general elections in performance of his staff and the five other members appointed Botswana were no exception. Commission in correctly and by the Judicial Service competently conducting the Commission from a list of For purposes of this update on 2004 general elections. persons recommended by the the aftermath of the elections, The Independent Electoral All Party Conference. -
Country Review Report of the Republic of Botswana
Country Review Report of the Republic of Botswana Review by Sri Lanka and Guinea of the implementation by Botswana of articles 5-14 and 51-59 of the United Nations Convention against Corruption for the review cycle 2016- 2021 Page 1 of 257 I. Introduction 1. The Conference of the States Parties to the United Nations Convention against Corruption was established pursuant to article 63 of the Convention to, inter alia, promote and review the implementation of the Convention. 2. In accordance with article 63, paragraph 7, of the Convention, the Conference established at its third session, held in Doha from 9 to 13 November 2009, the Mechanism for the Review of Implementation of the Convention. The Mechanism was established also pursuant to article 4, paragraph 1, of the Convention, which states that States parties shall carry out their obligations under the Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and of non-intervention in the domestic affairs of other States. 3. The Review Mechanism is an intergovernmental process whose overall goal is to assist States parties in implementing the Convention. 4. The review process is based on the terms of reference of the Review Mechanism. II. Process 5. The following review of the implementation by Botswana of the Convention is based on the completed response to the comprehensive self-assessment checklist received from Botswana and any supplementary information provided in accordance with paragraph 27 of the terms of reference of the Review Mechanism and the outcome of the constructive dialogue between the governmental experts from Sri Lanka, Guinea and Botswana, by means of telephone conferences and e-mail exchanges or any further means of direct dialogue in accordance with the terms of reference and involving Ms. -
Zambia's 2001 Elections: the Tyranny of Small Decisions, 'Non-Decisions
Third World Quarterly, Vol 23, No 6, pp 1103–1120, 2002 Zambia’s 2001 elections: the tyranny of small decisions, ‘non-decisions’ and ‘not decisions’ PETER BURNELL ABSTRACT The course of the 1990s witnessed deterioration in the quality of elections held across sub-Saharan Africa. Zambia’s elections for the presidency, parliament and local government held on 27 December 2001 are no exception. They returned the Movement for Multi-Party Democracy (MMD) to power, but with much reduced popular support and leaving doubts about the legitimacy of the result. A ‘tyranny of small decisions’, ‘non-decisions’ and ‘not decisions’ perpetrated over 12 months or more leading up to these elections combined to influence the outcome. The previous MMD government and the formally autono- mous Electoral Commission were primarily but not wholly responsible. For independent analysts as well as for the political opposition, who secured a majority of parliamentary seats while narrowly failing to capture the presidency, identifying the relevant category of ‘decisions’ to which influences belong and comparing their impact is no straightforward matter. Zambia both illustrates the claim that ‘administrative problems are typically the basis of the flawed elections’ in new democracies and refines it by showing the difficulty of clearly separating the administrative and political factors. In contrast Zimbabwe’s presi- dential election in March 2002, which had the Zambian experience to learn from, appears a more clear-cut case of deliberate political mischief by the ruling party. There is little doubt that in the course of the 1990s the quality of Africa’s elections went into decline. -
Afrika Gündemi (Kasim 2010)
ANKARA ÜNİVERSİTESİ AFRİKA ÇALIŞMALARI ARAŞTIRMA VE UYGULAMA MERKEZİ AFRİKA GÜNDEMİ (KASIM 2010) SİYASET Libya’da AB-Afrika Zirvesi Düzenlendi Tanzanya Seçimlerinin Sonuçları Açıklandı Gine’de Başkanlık Seçimlerinin İkinci Turu Tamamlandı Nijer’de Anayasa Referandumunda Evet Oyu Çıktı Fildişi Sahilleri’nde Başkanlık Seçiminin 2. Turu Yapıldı Burkina Faso’da Seçimler Yapıldı Mısır’da Parlamento Seçimlerinin İlk Turu Tamamlandı Somali’de Yeni Kurulan Hükümet Güvenoyu Aldı Arap Birliği Sudan’ı Ziyaret Etti Ruanda Devlet Başkanı Kagame Kongo Cumhuriyeti’ni Ziyaret Etti Lula’nın Son Afrika Turu Madagaskar’da Darbe Girişimi Bastırıldı Gambiya İran İle Diplomatik İlişkilerini Kesti NATO Moritanya’ya Destek Kararı Aldı Cezayir, İran İle Batı Arasında Arabuluculuk Yapamaya Başladı İran’dan Nijerya’ya Yapılan Yasadışı Silah Sevkiyatı İle İlgili Tartışmalar Sürüyor Fransa’da 3 Afrikalı Lider Sebepsiz Zenginleşmeden Dolayı Soruşturuluyor Fransa, Kamerun Devlet Başkanı Biya’ya Yolsuzluk Suçlamasında Bulundu Orta Afrika Cumhuriyeti’nde Seçim Hazırlıkları Sürüyor Moyo Kentine Saldıran Güney Sudan Ordusu On Dört Kişiyi Kaçırdı Al-Shabab’a Katılmak İçin Yola Çıkan Altı Kenyalı Tutuklandı Mısır’da Kıptilerle Polis Arasında Çatışma Çıktı Zambiya’daki Çinli Maden Yöneticileri Kefaletle Serbest Bırakıldı 1 Ankara Üniversitesi AFRİKA ÇALIŞMALARI ARAŞTIRMA VE UYGULAMA MERKEZİ Kuleli Sokak No:42 Gaziosmanpaşa / ANKARA Telefon:448 05 21 Fax:448 05 89 ANKARA ÜNİVERSİTESİ AFRİKA ÇALIŞMALARI ARAŞTIRMA VE UYGULAMA MERKEZİ KASIM 2010 EKONOMİ -
40 Years of Democracy in Botswana : 1965
40 Years of Democracy in Botswana 1965-2005 EDITED BY ZIBANI MAUNDENI 40 Years of Democracy in Botswana: 1965 - 2005 First Published in 2005 by Mmegi Publishing House, P/Bag Br 298, Gaborone, Botswana ISBN: 99912-526-3-0 © Zibani Maundeni All rights reserved. The copyright of all materials in this publication, except where otherwise stated, remains the property of the author and publisher. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written permission of the publishers or in accordance with the provision of the copyright and neighbouring rights act of 2000. Cover design by: Resolution Layout and design by: Resolution Printed and bound by: Mills Litho, Cape Town, South Africa 40 Years of Democracy in Botswana 1965-2005 EDITED BY ZIBANI MAUNDENI ContentsCONTENTS Acknowledgements . .3 Contributors . .4 Introduction . .6 SECTION ONE Chapter One: Botswana’s democracy in a southern African regional perspective: progress or decline? Patrick Molutsi . .10 Chapter Two: Electoral systems and democracy in Botswana Mpho Molomo . .29 Chapter Three: The organisation of elections and institutional reforms Mogopodi Lekorwe and Onkemetse Tshosa . .50 Chapter Four: Transparency and settling of disputes in the Botswana electoral system David Sebudubudu . .59 SECTION TWO Chapter Five: Succession to high office: Tswana culture and modern Botswana politics Zibani Maundeni . .80 Chapter Six: Voters and electoral performance of political parties in Botswana Mpho Molomo and Wilford Molefe . .94 Chapter Seven: Organisation of political parties Mogopodi Lekorwe . .122 Chapter Eight: Funding of political parties: levelling the political playing field Mpho Molomo and David Sebudubudu . -
4. Ewald New.Pmd 63 31/10/2012, 11:43 64 Africa Development, Vol
Africa Development, Vol. XXXVII, No. 2, 2012, pp. 63 – 95 © Council for the Development of Social Science Research in Africa, 2012 (ISSN 0850-3907) Challenges for the Opposition and Democratisa- tion in Tanzania: A View from the Opposition Jonas Ewald* & Lennart Wohlgemuth** Abstract In the period after 1990, a massive return to liberalised forms of politics has taken place and has been largely centred around the dismantling of one party- regimes, the termination of a large number of military-led or dominated governments, the embrace of a multiparty political framework, the introduction of an independent media, the restoration of some basic freedoms to the people of the countries concerned and the convening of multi-party elections. This development was so widespread and overwhelming that it was seen by many observers as the beginning of Africa’s second liberation (Olukoshi 1998; Gyimah-Boadi 2004; Mkandawire 2006). Potential gains to the peoples from the liberalisation of their national political spaces were undermined since the 1980s by the conditions set by outside suppliers of necessary resources, combined with internal challenges in terms of weak institutions, civil society and media as well as lack of a tradition of multi- party democracy and general poverty. Matters appear to have been worsened by the fact that in many African countries the promise which the opposition once represented as the bearer of the hopes and aspirations of the people has substantially faded away. Several factors have contributed to weaken and, in some cases, discredit the opposition in much of Africa’s ongoing experience with multiparty politics. This is a serious development that begs for further investigation; as the development of a healthy and vigorous opposition is a major part of a democratic framework. -
The Discourse of Tribalism in Botswana's 2019 General Elections
The Discourse of Tribalism in Botswana’s 2019 General Elections Christian John Makgala ORCID iD: https://orcid.org/0000-0001-5984-5153 Andy Chebanne ORCID iD: https://orcid.org/0000-0001-5393-1771 Boga Thura Manatsha ORCID iD: https://orcid.org/0000-0001-5573-7796 Leonard L. Sesa ORCID iD: https://orcid.org/0000-0002-6406-5378 Abstract Botswana’s much touted peaceful Presidential succession experienced uncertainty after the transition on 1 April 2019 as a result of former President Ian Khama’s public fallout with his ‘handpicked’ successor, President Mokgweetsi Masisi. Khama spearheaded a robust campaign to dislodge Masisi and the long-time ruling Botswana Democratic Party (BDP) from power. He actively assisted in the formation of a new political party, the Botswana Patriotic Front (BPF). Khama also mobilised the country’s most populous Central District, the Bangwato tribal territory, of which he is kgosi (paramount chief), for the hotly contested 2019 general elections. Two perspectives emerged on Khama’s approach, which was labelled loosely as ‘tribalism’. One school of thought was that the Westernised and bi-racial Khama was not socialised sufficiently into Tswana culture and tribal life to be a tribalist. Therefore, he was said to be using cunningly a colonial-style strategy of divide- and-rule to achieve his agenda. The second school of thought opined that Khama was a ‘shameless tribalist’ hell-bent on stoking ‘tribalism’ among the ‘Bangwato’ in order to bring Masisi’s government to its knees. This article, Alternation Special Edition 36 (2020) 210 - 249 210 Print ISSN 1023-1757; Electronic ISSN: 2519-5476; DOI https://doi.org/10.29086/2519-5476/2020/sp36a10 The Discourse of Tribalism in Botswana’s 2019 General Elections however, observes that Khama’s approach was not entirely new in Botswana’s politics, but only bigger in scale, and instigated by a paramount chief and former President. -
Republic of Botswana
REPUBLIC OF BOTSWANA FIRST PERIODIC REPORT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS 1 CONTENTS PAGE NO I. PART I. a. History 5 b. Geography 8 c. Population 9 d. Economy 10 e. Constitutional structure 17 f. Administrative structure 20 II. PART II. ARTICLE 1 25 Recognition by States of rights duties and freedoms under the Charter; and ARTICLE 2- Entitlement to Rights and Freedoms under the Charter ARTICLE 3 28 (a) Equality before the law; and (b) equal protection of the law ARTICLE 4 34 Respect of one‟s life and integrity ARTICLE 5 37 Rights to respect of human dignity, prohibition of slavery; slave trade; torture cruel inhuman and degrading treatment ARTICLE 6 50 Right to Liberty and security ARTICLE 7 61 Right to a hearing; right to appeal; right to presumption of innocence; right to be defended by counsel of choice; right to be tried within a reasonable time 2 ARTICLE 8 66 Freedom of religion and conscience ARTICLE 9 70 Right to receive information; right to express opinion ARTICLE 10 74 Right to free association ARTICLE 11 76 Right to freedom of assembly ARTICLE 12 77 Freedom of movement and right to seek and obtain asylum ARTICLE 13 81 Right to participate freely in government; right to equal access to the public service of ones country; right to access public property ARTICLE 14 83 Right to property ARTICLE 15 85 Right to work under equitable and satisfactory conditions and to receive equal pay for equal work ARTICLE 16 87 Right to health - physical and