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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). -
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. -
The Parliamentary Constituency Offices
REPUBLIC OF BOTSWANA THE PARLIAMENTARY CONSTITUENCY OFFICES Parliament of Botswana P O Box 240 Gaborone Tel: 3616800 Fax: 3913103 Toll Free; 0800 600 927 e - mail: [email protected] www.parliament.gov.bw Introduction Mmathethe-Molapowabojang Mochudi East Mochudi West P O Box 101 Mmathethe P O Box 2397 Mochudi P O Box 201951 Ntshinoge Representative democracy can only function effectively if the Members of Tel: 5400251 Fax: 5400080 Tel: 5749411 Fax: 5749989 Tel: 5777084 Fax: 57777943 Parliament are accessible, responsive and accountable to their constituents. Mogoditshane Molepolole North Molepolole South The mandate of a Constituency Office is to act as an extension of Parliament P/Bag 008 Mogoditshane P O Box 449 Molepolole P O Box 3573 Molepolole at constituency level. They exist to play this very important role of bringing Tel: 3915826 Fax: 3165803 Tel: 5921099 Fax: 5920074 Tel: 3931785 Fax: 3931785 Parliament and Members of Parliament close to the communities they serve. Moshupa-Manyana Nata-Gweta Ngami A constituency office is a Parliamentary office located at the headquarters of P O Box 1105 Moshupa P/Bag 27 Sowa Town P/Bag 2 Sehithwa Tel: 5448140 Fax: 5448139 Tel: 6213756 Fax: 6213240 Tel: 6872105/123 each constituency for use by a Member of Parliament (MP) to carry out his or Fax: 6872106 her Parliamentary work in the constituency. It is a formal and politically neutral Nkange Okavango Palapye place where a Member of Parliament and constituents can meet and discuss P/Bag 3 Tutume P O Box 69 Shakawe P O Box 10582 Palapye developmental issues. Tel: 2987717 Fax: 2987293 Tel: 6875257/230 Tel: 4923475 Fax: 4924231 Fax: 6875258 The offices must be treated strictly as Parliamentary offices and must therefore Ramotswa Sefhare-Ramokgonami Selibe Phikwe East be used for Parliamentary business and not political party business. -
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. -
The Big Governance Issues in Botswana
MARCH 2021 THE BIG GOVERNANCE ISSUES IN BOTSWANA A CIVIL SOCIETY SUBMISSION TO THE AFRICAN PEER REVIEW MECHANISM Contents Executive Summary 3 Acknowledgments 7 Acronyms and Abbreviations 8 What is the APRM? 10 The BAPS Process 12 Ibrahim Index of African Governance Botswana: 2020 IIAG Scores, Ranks & Trends 120 CHAPTER 1 15 Introduction CHAPTER 2 16 Human Rights CHAPTER 3 27 Separation of Powers CHAPTER 4 35 Public Service and Decentralisation CHAPTER 5 43 Citizen Participation and Economic Inclusion CHAPTER 6 51 Transparency and Accountability CHAPTER 7 61 Vulnerable Groups CHAPTER 8 70 Education CHAPTER 9 80 Sustainable Development and Natural Resource Management, Access to Land and Infrastructure CHAPTER 10 91 Food Security CHAPTER 11 98 Crime and Security CHAPTER 12 108 Foreign Policy CHAPTER 13 113 Research and Development THE BIG GOVERNANCE ISSUES IN BOTSWANA: A CIVIL SOCIETY SUBMISSION TO THE APRM 3 Executive Summary Botswana’s civil society APRM Working Group has identified 12 governance issues to be included in this submission: 1 Human Rights The implementation of domestic and international legislation has meant that basic human rights are well protected in Botswana. However, these rights are not enjoyed equally by all. Areas of concern include violence against women and children; discrimination against indigenous peoples; child labour; over reliance on and abuses by the mining sector; respect for diversity and culture; effectiveness of social protection programmes; and access to quality healthcare services. It is recommended that government develop a comprehensive national action plan on human rights that applies to both state and business. 2 Separation of Powers Political and personal interests have made separation between Botswana’s three arms of government difficult. -
Download Publication
Impact Report 2020 The IPU The Inter-Parliamentary Union (IPU) is the global organization of national parliaments. It was founded in 1889 as the first multilateral political organization in the world, encouraging cooperation and dialogue between all nations. Today, the IPU comprises 179 national member parliaments and 13 regional parliamentary bodies. It promotes democracy, helps parliaments become stronger, younger, gender-balanced and more diverse. It also defends the human rights of parliamentarians through a dedicated committee made up of MPs from around the world. Twice a year, the IPU convenes over 1,500 delegates and MPs in a world assembly, bringing a parliamentary dimension to the work of the United Nations and the implementation of the 2030 global goals. Cover: The Swiss Parliament adapted to the pandemic by introducing partitions between seats and obligatory facemasks for its members. © Fabrice COFFRINI/AFP Contents Foreword 4 OBJECTIVE 1 Build strong, democratic parliaments 6 OBJECTIVE 2 Advance gender equality and respect for women’s rights 10 OBJECTIVE 3 Protect and promote human rights 14 OBJECTIVE 4 Contribute to peacebuilding, conflict prevention and security 18 OBJECTIVE 5 Promote inter-parliamentary dialogue and cooperation 22 OBJECTIVE 6 Youth empowerment 26 OBJECTIVE 7 Mobilize parliaments around the global development agenda 30 OBJECTIVE 8 Bridge the democracy gap in international relations 34 Towards universal membership 38 Resource mobilization: How the IPU is funded? 39 IPU specialized meetings in 2020 40 Financial results 42 3 Adapting, assisting our Members and accelerating the IPU’s digital transformation 2020 was a game-changer for the IPU. Starting in March, the IPU had to completely reinvent itself to mitigate the effects of the pandemic on its activities. -
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. -
Botswana Second Class Citizens Discrimination Against Women
HUMAN RIGHTS WATCH/AFRICA HUMAN RIGHTS WATCH WOMEN'S RIGHTS PROJECT September 1994 Vol. 6, No. 7 BOTSWANA SECOND CLASS CITIZENS DISCRIMINATION AGAINST WOMEN UNDER BOTSWANA'S CITIZENSHIP ACT I. INTRODUCTION .......................................................................................................................... 2 II. HISTORICAL AND LEGAL CONTEXT .................................................................................. 3 Women's Position of Inferiority Under Botswana Law ................................................ 3 1. Customary Marital Law .................................................................................. 5 2. Guardianship..................................................................................................... 5 3. Property Rights (Inheritance and Succession) ............................................. 6 4. The Income Tax Act ......................................................................................... 6 Botswana's Obligations Under Domestic and International Law................................................................................................... 7 III. A CASE IN POINT: UNITY DOW .......................................................................................... 8 Background........................................................................................................................... 8 Governmentally Imposed Sex Discrimination................................................................ 9 IV. GOVERNMENTAL REACTION TO THE COURT OF -
His Excellency
International Day of Democracy Parliamentary Conference on Democracy in Africa organized jointly by the Inter-Parliamentary Union and the Parliament of Botswana Gaborone, Botswana, 14 – 16 September 2009 SUMMARY RECORDS DIRECTOR OF CEREMONY (MRS MONICA MPHUSU): His Excellency the President of Botswana, Lieutenant General Seretse Khama Ian Khama, IPU President, Dr Theo-Ben Gurirab, Deputy Prime Minister of Zimbabwe Ms Thokozani Khupe, Former President of Togo Mr Yawovi Agboyibo, Members of the diplomatic community, President and founder of Community Development Foundation Ms Graça Machel, Honourable Speakers, Cabinet Ministers, Permanent Secretary to the President, Honourable Members of Parliament, Dikgosi, if at all they are here, Distinguished Guests. I wish to welcome you to the Inter-Parliamentary Union Conference. It is an honour and privilege to us as a nation to have been given the opportunity to host this conference especially during our election year. This conference comes at a time when local politicians are criss-crossing the country as the election date approaches. They are begging the general public to employ them. They want to be given five year contract. Your Excellencies, some of you would have observed from our local media how vibrant and robust our democracy is. This demonstrates the political maturity that our society has achieved over the past 43 years since we attained independence. Your Excellencies, it is now my singular honour and privilege to introduce our host, the Speaker of the National Assembly of the Republic -
When Customary Laws Face Civil Society Organisations: Gender Issues in Botswana
African Journal of Political Science and International Relations Vol. 4(9), pp. 330-339, December 2010 Available online at http://www.academicjournals.org/ajpsir ISSN 1996-0832 ©2010 Academic Journals Full Length Research Paper When customary laws face civil society organisations: Gender issues in Botswana Patrice Cailleba1* and Rekha A. Kumar2 1Groupe ESC Pau - Campus Universitaire, Saint John Perse - BP7512 - 64075 Pau, France. 2Faculty: Social Sciences, Department of Law, University of Botswana, Gaborone, Botswana. Accepted 20 October, 2010 In Botswana, society continues to operate under a dual legal system: an indigenously-based customary legal system, and received law, that is, the Constitution, based on a system inherited from the former colonial state. The fact that the constitution places prominence on custom within a range of contexts is particularly significant for women's rights. How far the Government is able to promote basic women's rights and to what extent customary law takes precedence over constitutional law are two legitimate questions yet to be clearly settled. This paper examines how customary law may be contrary to the basic human rights of women, by means of investigating the role of several civil society organisations that act to promote democracy and defend women's human rights. Moreover, the article assesses Botswana's current level of legislative compliance with international obligations, in seeking to identify priorities for working towards greater future compliance. Key words: Botswana, gender, conflict, culture, civil society. INTRODUCTION Located to the north of South Africa, Botswana is a of the world's poorest countries. After 40 years of landlocked country 582,000 square kilometres in land tremendous growth (a 9% annual average between 1966 area (that is, larger than France) yet with an estimated and 1999, that is, the highest rate on the planet), population of 1.8 million (less than the city of Paris). -
Address by the Hon Chief Justice Terence Tsatsilakgosi Rannowane on the Occasion of the Official Opening of the Legal Year on Tuesday 4Th February 2020
ADDRESS BY THE HON CHIEF JUSTICE TERENCE TSATSILAKGOSI RANNOWANE ON THE OCCASION OF THE OFFICIAL OPENING OF THE LEGAL YEAR ON TUESDAY 4TH FEBRUARY 2020 Directors of Ceremonies Your Excellency the President of Republic of Botswana Dr Mokgweetsi Eric Keabetswe Masisi and the First Lady Mrs Neo Masisi, Your Honour the Vice President of the Republic of Botswana Mr Slumber Tsogwane, My dear Wife- Dr Malebogo Pearl Mosau- Rannowane, The Honourable Speaker of the National Assembly- Mr Phandu Skelemani, Your Excellency Former President of the Republic of Botswana- Mr Festus Mogae and wife -Mrs Barbra Mogae, Honourable Minister for Defence, Justice and security Mr Kagiso Mmusi, The Honourable President of the Court of Appeal, Mr Justice Ian Stuart Kirby, 1 The Former Chief Justice- Honourable Justice Maruping Dibotelo, Honourable Justices of Appeal and your spouses, Honourable Judge President of the Industrial Court- Mr Justice Tebogo Maruping, Your Ladyships and Lordships, Judges of the High Court and your Spouses, Honourable Judges of the Industrial Court, Retired Honourable Judges of the High Court, Honourable Ministers, The Attorney General, Advocate Abraham keetshabe, The Leader of Opposition, Honourable Dumelang Saleshando, Honourable Members of Parliament, Chairman of Ntlo ya Dikgosi, Kgosi Puso Gaborone and Members of Ntlo-Ya-Digosi, Acting Permanent Secretary to the President, Mr Elias Magosi, 2 Your Excellencies, of the Diplomatic Corps and International Organisations, The Spiritual Leaders- Bishop Metlhayotlhe Beleme and Reverend Keleneilwe -
Judicial Colloquium Report Covers
JANUARY 2021 WOMEN'S EQUALITY AND ECONOMIC RIGHTS APPENDIX APPENDIX This appendix identifies constitutional provisions from Southern and Eastern Anglophone African countries relating to women’s rights. The appendix is organized thematically by the following categories: equality rights, rights to equality within marriage and the family, property rights, and work rights. Within each category of rights, countries are listed alphabetically. Relevant constitutional instruments and provisions from each country are provided. Subject: EQUALITY RIGHTS Nation: Botswana Instrument: Constitution of Botswana Link: https://www.parliament.gov.bw/images/constitution.pdf Provision: 3. Fundamental rights and freedoms of the individual Whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his or her race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely— 1. life, liberty, security of the person and the protection of the law; 2. freedom of conscience, of expression and of assembly and association; and 3. protection for the privacy of his or her home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.