AFMBP - Association of Former Members of Botswana Parliament

09/04/2026

I DO NOT GIVE FACEBOOK OR META PERMISSION TO USE ANY OF MY DATA

08/04/2026

Just in case…Everyone, stay safe. Big day tomorrow. It’s official. Signed at 6:00am. It was even on TV. Don't forget that tomorrow marks the start of the new Facebook rule (also known as Meta), which allows them to use your photos. Don't forget the deadline is today!!!

According to the show 60 Minutes:
Just in case you missed it: a lawyer advised us to post this. The violation of privacy can be punished by law. NOTE: Facebook Meta is now a public entity. Every member must post a note like this. If you do not publish a statement at least once, it will be technically understood that you are allowing the use of your photos, as well as the information contained in your profile status updates.

I HEREBY DECLARE THAT I DO NOT GIVE MY PERMISSION FOR FACEBOOK OR META TO USE ANY OF MY PERSONAL DATA.

Hold your finger anywhere in this message and “copy” will appear. Click “copy. Then go to your page, create a new post, and place your finger anywhere in the empty field. “Paste” will appear, and click paste

10/02/2026

10/02/2026

https://www.facebook.com/share/14WnxmdSsvN/?mibextid=wwXIfr

16/01/2026

PART 1: UNDERSTANDING THE CONSTITUTION OF BOTSWANA

WEEK 2: HISTORY AND ADOPTION
DAY 9/68

HOW BOTSWANA’S CONSTITUTION CAME INTO FORCE

1. INTRODUCTION
Botswana’s Constitution:

1.1 Was drafted before independence;
1.2 Was approved by the British Parliament;
1.3 Came into force at independence;
1.4 Became law immediately on 30 September 1966.

📌 This careful historical process still shapes constitutional debates today.

2. KEY EVENTS LEADING TO THE CONSTITUTION
2.1 The Botswana (Bechuanaland) Constitutional Conference, 1965

a. Held in London with representatives from Bechuanaland and the British Government;
b. Reviewed the draft Constitution for acceptability to both Botswana leaders and Britain;
c. Final structure of government, powers, and rights protections were agreed upon.

2.2 Drafting the Constitution
a. Small team of local leaders and British legal advisors prepared the draft
b. Goal: Balance modern democratic principles with Botswana’s customary governance structures.

2.3 Consultation with Magosi and Key Stakeholders
a. Magosi and prominent political leaders reviewed the draft;
b. Helped secure legitimacy and cultural acceptance;

📌 Ordinary citizens had limited direct input, but involvement of Magosi ensured broader acceptance.

3. LEGAL INSTRUMENTS ESTABLISHING INDEPENDENCE
3.1 Botswana Independence Order 1966 (UK Statutory Instrument 1966 No. 1425)

a. Formally granted Botswana full sovereignty;
b. Brought the Constitution into force as the supreme law;
c. Established the legal framework for governance from 30 September 1966.

4. IMPLEMENTATION AND ENTRENCHMENT
4.1 Key Institutions Established
a. Parliament – legislative authority
b. The Presidency – executive authority
c. Judiciary – interprets law and protects rights

4.2 Fundamental Rights
a. Entrenched in the Constitution ;
b. Cannot be easily amended without following constitutional procedures.

5. WHY THESE STEPS WERE IMPORTANT
5.1 Ensured Botswana’s independence was legally sound and internationally recognized;
5.2 Protected citizens’ rights and freedoms from the outset;
5.3 Created a stable, culturally appropriate governance framework, blending democracy with traditional leadership structures.

6. CONCLUSION
Through the Constitutional Conference, drafting process, stakeholder consultation, and the Independence Order 1966, Botswana’s Constitution came into force as a durable, legitimate, and culturally grounded foundation for governance in the new Republic.

I will NOT rest.

09/01/2026

08/01/2026

PART 1: FOUNDATIONS & PURPOSE

DAY 4/68

WHAT DOES THE CONSTITUTION DO?

1. INTRODUCTION
1.1 The Constitution is the supreme law of Botswana. It establishes the rules by which the country is governed and sets the framework for rights, duties, and the structure of government.

1.2 It Establishes the Framework of Government
The Constitution creates and defines the three arms of government:

a. The Executive
The President, Ministers, and public service who implement laws.
b. The Legislature
Parliament, which makes laws and oversees the Executive.
c. The Judiciary
The courts, which interpret laws and ensure justice.

1.3 It specifies powers and limits for each arm, preventing abuse or arbitrary action. Example: Only Parliament can make laws; the President cannot legislate unilaterally.

1.4 It Protects Fundamental Rights and Freedoms
a. Guarantees fundamental rights to all persons, including:

i) Equality before the law;
ii) Freedom of expression;
iii) Freedom from discrimination;
iv) Right to equal protection of the law..

b. Provides remedies if rights are violated

1.5 Serves as the Supreme Law
a. All other laws must conform to the Constitution;
b. If a law or government action conflicts with the Constitution, courts can declare it invalid.
c. This ensures that government operates within legal limits.

1.6 It Sets Out Duties and Responsibilities

a. Defines the duties of government and the responsibilities of citizens. Example: Citizens must obey the law, pay taxes, and respect others people's rights.
b.Government officials must act within the law, respecting the principles of accountability and fairness.

1.7 It Provides Stability and Predictability
a. Establishes rules for how the country is governed, creating legal certainty.
b. Helps citizens know their rights, obligations, and remedies.

1.8 Resolves Conflicts
a. Acts as a guide when there are disputes between government branches or between the government and citizens.
b. Courts interpret the Constitution to settle disputes and maintain rule of law.

2. CONCLUSION
2.1 The Constitution is Botswana’s highest law — everything must align with it.
a. It defines government powers, protects rights, and ensures justice.
b. It provides checks and balances, ensuring no branch of government or individual is above the law.
c. It guarantees legal certainty, fairness, and equal protection of the law for all.

I will NOT rest.

08/01/2026

Si la 🛎🛎🛎

07/01/2026

PART 1: FOUNDATIONS & PURPOSE

DAY 3/68

THE CONSTITUTION AS SUPREME LAW
1. INTRODUCTION
1.1 Constitutional Supremacy

a. The Constitution of Botswana is the highest law of the land.
b. This means that all public power in Botswana must originate from the Constitution and must be exercised within its limits. No authority exists independently of the Constitution.

2.2. What Does “Supreme Law” Mean?
Supremacy means that:

a. No Act of Parliament may override the Constitution;
b. No President, Minister, or public official may act above the Constitution;
c. No policy, directive, or government decision has legal force if it contradicts the Constitution.

🛎 Note:
Even Presidential Directives are subordinate to the Constitution. In Tapela and Another v Attorney-General and Others, the Court held that Presidential Directive CAB 5(b) of 2004 was not a legislative enactment and had no force of law in the absence of statutory authority. This means that, unless there is a specific law that expressly authorises the President or Cabinet to make statutory instruments, Presidential Directives, by and of themselves, do not have binding legal force.

d. Where there is a conflict between the Constitution and any other law or action, the Constitution always prevails.

2.3 Supremacy Applies to Everyone
Constitutional supremacy binds:

a. Parliament, when making laws
The legislative power of Parliament is expressly exercised “subject to the provisions of this Constitution”;
b. The Executive, when governing and spending public funds
Section 47 vests executive power of Botswana in the President, but expressly provides that such power is exercised “subject to the provisions of this Constitution”;
c. The Judiciary, when interpreting and applying the law;
d. All public institutions and officials;

📌 Good intentions do not cure unconstitutional conduct.
📌 Legality—not convenience—is the constitutional standard.

3. What Happens When the Constitution Is Violated?
3.1 Legal Consequences of Unconstitutionality
When a law or government action is inconsistent with the Constitution:

a. The courts have a duty to declare it invalid ❌️
b. The fact that Parliament enacted it or the Executive approved it does not save it

📌 Constitutional compliance is not optional.

3.2 Judicial Review Is Not Political Interference
The power of courts to strike down unconstitutional conduct is not political interference—it is constitutional enforcement.

4. Why Constitutional Supremacy Matters to Citizens
Constitutional supremacy:

a. Protects citizens from abuse of power;
b. Ensures government acts under law, not personal authority;
c. Makes rights enforceable rather than symbolic;
d. Allows unconstitutional conduct to be challenged and corrected.

📌 Without supremacy, the Constitution would be a political document.
📌With supremacy, it is a binding legal shield.

5. Practical Examples of Constitutional Supremacy in Botswana
5.1 Citizenship Through the Father Only 🚹
Attorney-General v Dow

a. One of the clearest affirmations of constitutional supremacy arose in Attorney-General v Dow;
b. At the time, Botswana’s citizenship laws discriminated between men and women, allowing Botswana men—but not Botswana women—to automatically pass their Botswana citizenship to their children, but not the mother's.
c. This discrimination was entrenched in statute and long-standing legal practice
d. The Court of Appeal held that:
i) The Constitution is supreme over all laws, including Acts of Parliament;
ii) Any law that violates constitutional rights is invalid, even if it reflects tradition or legislative choice;
iii) Equality and non-discrimination are binding constitutional standards.

📌The discriminatory provisions were struck down for inconsistency with the constitutional guarantee of equality.

5.2 Forced Renunciation of Citizenship at Age 21
Sithabile P. Mathe & Others v Attorney-General (2022)

a. In 2022, the High Court struck down sections 15(1) and 15(4) of the Citizenship Act
b. These provisions required children born to one non-citizen parent to renounce the foreign citizenship they acquired from their non-citizen parent, upon attaining the age of 21 years;
c. The Court held that these provisions violated constitutional rights
d. As a result, Batswana and their children are no longer required to renounce one citizenship in order to retain another.

📌 Dual citizenship is now fully recognised, with legislative processes updated to reflect the court’s rulings.

6. CONCLUSION
6.1 In Botswana, power does not create legality;
6.2 Legality flows only from the Constitution.

🛑a. Has the Department of Civil and National Registration failed or refused to issue you with a national identity card because one of your parents is a foreign national?
🛑 b. Has the Department of Immigration and Citizenship refused to issue you with a passport because one of your parents is a non-citizen?

🛎 If so, such conduct may be contrary to binding court decisions and the Citizenship Act as amended.

I will NOT rest

06/01/2026