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UNCLAS SECTION 01 OF 03 GABORONE 000265 
 
SIPDIS 
 
STATE FOR AF/S, AF/RSA 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM MARR KHIV BC
SUBJECT: BOTSWANA POLITICAL BRIEFS FOR MARCH 2009 
 
¶1.  The following is a compilation of March 2009 political 
highlights from Botswana.  This cable covers: 
 
- BDP Proposes More Special MP's 
- Controversy over Child Rights Bill 
- President Khama Refuses Three Judicial Appointments 
- BNF In-Fighting Continues 
- Visit by UN Expert on Indigenous People 
- Changes in BDF Leadership 
 
 
BDP PROPOSES MORE SPECIAL MP'S 
------------------------------ 
¶2.  Member of Parliament Mrs. Botlogile Tshireletso (Botswana 
Democratic Party, Mahalapye East constituency) introduced a motion 
which calls for the amendment of Botswana's constitution to increase 
the number of Specially Elected Members of Parliament (MP's).  There 
are currently 57 regular MP's elected from constituencies around 
Botswana and 4 "Specially Elected" MP's.  Tshireletso's proposal 
would increase the number of special MP's from 4 to 8 and require 
that at least 4 of the Specially Elected seats be reserved for 
women. 
 
¶3.  The motion is being debated along partisan political lines, with 
most of the ruling Botswana Democratic Party (BDP) members 
supporting and the opposition MP's against it.  Before the motion 
was tabled in Parliament for discussion, the BDP communicated with 
its MP's asking them to support the motion.  From the BDP only 
Botsalo Ntuane, a Specially Elected MP, has so far criticized the 
proposal, arguing that increasing the number of special 
parliamentary seats may not be the best way to increase women's 
representation in Parliament.  Ntuane suggested that it would be 
better to change Botswana's electoral system to proportional 
representation than to add new Specially Elected seats in 
Parliament.  He argued that the voters are not in favor of 
increasing the number of special MP's because they dilute the power 
of the elected MP's.   Opposition parliamentarians have complained 
that this proposal was tabled in bad faith.  They say that the goal 
of the measure is really to increase the ruling party's already 
large majority in Parliament.  Botswana Congress Party MP Dumelang 
Saleshando told the press that "allowing unelected people to grace 
Parliament is disrespectful of democracy." 
 
¶4.  COMMENT:  After each general election, the members of Parliament 
nominate candidates to fill the four "Specially Elected" seats, and 
the candidates who receive the most votes from within Parliament 
win.  In theory, these special seats should be used to bring special 
skills into Parliament.  For example, if the ruling party needed a 
technocrat to head the Health or Finance Ministry, they could use a 
"Specially Elected" slot to bring a technocrat into cabinet.  The 
Botswana Democratic Party has ruled since independence, and with 
their Parliamentary majority they have always used the Specially 
Elected seats to bring more BDP members into Parliament.  It is no 
surprise that opposition supporters are skeptical of the proposal to 
add another 4 special seats, because even if they are reserved for 
women, they will go to women from the ruling party.  END COMMENT. 
 
CONTROVERSY OVER CHILD RIGHTS BILL 
---------------------------------- 
¶5.  Debate continues on the Children's Bill, which seeks to give 
effect to Botswana's obligations as specified in the UN Convention 
on the Right of the Child and the African Charter on the Rights and 
Welfare of the Child.  Local Government Minister Margaret Nasha, who 
presented the bill to Parliament, says it will promote the 
well-being of families.  Among other things, the Bill seeks the 
establishment of children's courts to deal with matters that affect 
them.  The Bill would also make it compulsory for the names of both 
the mother and the father to appear on a child's birth certificate. 
This provision has drawn the ire of men around Botswana, including 
male Members of Parliament.  During Parliamentary debate March 17, 
MP Vister Moruti (BDP, Okavango constituency) argued that the bill 
would break up marriages and would "encourage women to bear children 
with different men in order to have multiple sources of support and 
income."  In a more dramatic turn, Moruti also told Parliament that 
including fathers' names on birth certificates would increase crimes 
of passion.  He asserted in Parliamentary debate that "men would 
murder their wives once they are told that they are not responsible 
for the pregnancy." 
 
¶6.  COMMENT: Despite years of HIV/AIDS prevention efforts, Botswana 
continues to have high rates of "multiple concurrent partnership" 
(i.e. non-monogamous sexual relationships).  This sexual behavior 
not only spreads disease but also leads to out-of-wedlock births and 
controversy over naming fathers of babies.  The GOB, with the 
support of PEPFAR, has engaged in a new prevention campaign to try 
to reduce multiple concurrent partnerships.  The first step in this 
campaign was a series of billboards and advertisements that asked 
Batswana to think about "Who is in your sexual network?"  END 
 
GABORONE 00000265  002 OF 003 
 
 
COMMENT. 
 
KHAMA REFUSES THREE JUDICIAL APPOINTMENTS 
----------------------------------------- 
¶7.  President Khama has received mixed reactions from the legal 
fraternity after turning down a recommendation from the Judicial 
Service Commission (JSC) to appoint three new judges to the High 
Court.  The President did not give any reasons for refusing to 
confirm the JSC's appointments, but has instead asked that the 
positions be re-advertised.  The ex-chairman of Botswana Law Society 
Duma Boko hailed the President for his move and said government 
should look more closely at the selection criteria for judges. 
However, a private attorney Martin Dingake said the move has very 
serious constitutional implications amounting to political 
interference with the judiciary.  COMMENT: Observers within 
Botswana's legal fraternity have long questioned the way in which 
the JSC carries out its interviewing process.  They claim that JSC 
first handpicks its preferred candidates and then calls a few 
candidates for interviews just as a cover-up.  That is why some 
attorneys and judges are celebrating the President Khama's rejection 
of the JSC's recommended candidates in this instance.  Some 
academics, legal practitioners and politicians have called for the 
appointment of judges to be made transparent.  END COMMENT. 
 
 
BNF IN-FIGHTING CONTINUES 
------------------------- 
¶8.  Reconciliation within the warring factions of the Botswana 
National Front (BNF) political party seems impossible.  Two 
prospective BNF parliamentary candidates, Gabriel Kabajanga 
(Gaborone North) and Charles Charles (Mogoditshane) are now taking 
their party to court challenging the primary elections held in their 
constituencies last year.  The failed candidates want the court to 
reinstate them as the legitimate BNF candidates.  MP Nehemia 
Modubule (BNF, Lobatse) has been expelled from the party, while MP 
Akanyang Magama (BNF, Gaborone South) was saved by the High Court 
after the BNF had called for the re-run of primary elections in his 
constituency.  Six council candidates from the party's stronghold, 
Lobatse, have threatened to take the party to the High Court 
challenging the BNF president for imposing candidates on 
constituents.  The embattled party leader, Otsweletse Moupo, is 
refusing to consider reconciliation overtones from former members 
who have been expelled from the party.  One BNF splinter group 
calling itself "Temporary Platform" was formed last year and is 
fighting to be admitted back in the party.  The group includes 
prominent BNF members such as Dr. Elmon Tafa, Dr. Lebohang Letsie 
(both former members of the Central Executive Committee) and Lobatse 
MP Nehemiah Modubule.  While the rest of Botswana's political 
parties have started campaigning for theOctober general elections, 
the official oppositin in Parliament, BNF, is still fighting with 
itslf. 
 
 
VISIT BY UN EXPERT ON INDIGENOUS PEOPLE 
-------------------------------------- 
¶9.  The Unted Nations Special Rapporteur on Indigenous People, 
James Anaya, visited Botswana from March 18 - 27 at the invitation 
of the Government of Botswana.  He traveled to Gaborone, Ghanzi, and 
the Central Kalahari Game Reserve to meet with government, civil 
society, and indigenous communities.  The objective of the visit was 
to shed light on the challenges some of the indigenous peoples of 
Botswana are facing, especially in the areas of recognition and 
discrimination, land rights, poverty, education and language, and 
political participation.  In a press release at the end of his 
visit, Anaya noted the various GOB efforts to improve indigenous 
communities' access to crucial services including health and 
education and create opportunities for income generation.  However, 
he also said that the government's development activities may not 
adequately take into account the language and culture of those 
affected, hindering their ultimate success.  James Anaya is an 
American citizen and Professor of Human Rights Law at the University 
of Arizona.  He will present the full findings and key 
recommendations from his Botswana visit to a forthcoming session of 
the UN Human Rights Council. 
 
 
BDF LEADERSHIP CHANGES 
----------------------- 
¶10.  The Botswana Defence Force (BDF) announced on March 26 that 
President Khama has appointed Major General Otisitswe Tiroyamodimo 
as the Deputy Commander, BDF.  He retains his role as Commander, 
Defense Logistics Command.  Brigadier Tumelo M. Paledi was also 
promoted to Major General and appointed as Commander of the Air Arm. 
 The promotions become effective April 1 upon the retirement of 
current Deputy Commander and Air Arm Commander Major General 
Tlhokwane.   COMMENT: Major General Tiroyamodimo attended the U.S. 
Naval Postgraduate School for a course in International Defense 
Resource Management.  He has also worked closely with the Embassy's 
 
GABORONE 00000265  003 OF 003 
 
 
Office of Security Cooperation, including on the March 2009 Military 
HIV/AIDS Prevention Conference that was co-sponsored by the U.S. and 
Botswana and held in Gaborone.  END COMMENT. 
 
Nolan