GOVERNANCE

DEFINITION OF CONCEPTS/TERMS
-Governance- The manner in which the political leadership manages the affairs
of a country
-Government- An institution which runs the affairs of a country
-Parliamentary democracy- Is a system of government in which the political
authority lies with people as mandated by the electorate
-Monarchy- is a system in which the country is ruled by a King, Queen or
Emperor
-Republic- is a parliamentary democracy in which the head of state is a President
-Constitutional democracy- A government that adheres to the laws of the land or
country
-Multi-party system- It is when a country allows more than one political party to
exist
-Good Governance- A positive way of managing the affairs of a country by all
stakeholders
-Democracy- Government of the people, by the people and for the people
-Constitution- A document that contains the laws of the country
-Accountability- Responsibility to do things you are charged with
-Transparency- Openness or free flow of information to and from the leaders to
the led
-Executive- An institution which is charged with making decisions and
organizing developmental plans
-Legislature- An institution that has the power to make or change existing laws
-Judiciary- An institution which executes and interprets laws
-Autocracy- A system of government in which one or group has unlimited
powers
-Dictatorship- Government by a ruler who has complete absolute powers
-First past the polls-This is a constituency based system where the party that
wins a majority of seats in parliament forms the government
-Proportional representation- In this system allocation of seats in the National
Assembly is done according to the overall percentage of votes per party in the
general elections
-Constituency- An area delimited or marked for the election of a member of the
National Assembly/Parliament
-Parliament/National Assembly- A law making institution
-Voter Apathy- It’s a low turn out at registration and at the polling stations
during the elections
-Rule of Law- Is the respect for the law by all
-Constitutional Limitations- It means operation within the laws of the country
-Separation of Powers- The sharing of power by the 3 branches of government
such as Legislature, Judiciary and Executive

1
 -Referendum- An occasion in which everyone is voting in order to make a
decision about a particular subject eg. Abortion to be legalized or not
-Bill of Rights- A document within the constitution which contains rights and
freedoms of citizens in a country
-Social contract- A voluntary and unwritten agreement between the leaders and
the electorate

THE MAIN FEATURES OF BOTSWANA`S CONSTITUTION

The constitution is divided into 9 chapters, each detailing certain areas such as individual
rights and the delegation of executive powers
1. The Republic: Declares Botswana as a sovereign state. i.e independent and makes
own decisions
2. Protection of Fundamental Rights and Freedoms of the Individual: contains the
Bill of rights and freedoms
3. Citizenship:Clarifies the different ways of acquiring citizenship and citizens’
rights.
4. The Executive: This section defines the executive branch including the President,
Vice President, and Cabinet.
5. Legislature/Parliament: This section describes both the National Assembly as well
as the Ntlo ya Dikgosi which together create the Parliament of Botswana.
National assembly makes laws of the country while Ntlo ya Dikgosi give advice
on laws affecting our culture
6. The Judiciary: This section describes the duties of different courts in Botswana
including the High Court, the Court of Appeal, and the Judicial Service
Commission in administration of justice
7. The Public Service: This section details rules and regulations regarding
government employees.
8. Finance: This section describes the varying financial rules. It begins by setting up
a Consolidation Fund in which all revenue made by the country will be combined
into one fund.
9. Miscellaneous: The final part of the Constitution and details 3 main ideas,
namely: resignation of public officers, reappointment into public office and
thirdly, it describes the meaning of some concepts used in the constitution such as
"Assembly" for the National Assembly

THE THREE BRANCHES OF THE GOVERNMENT

1) THE EXECUTIVE ( Its composition and functions)

-It is made up of the President, Cabinet and the Public Service
-It initiates government policies
-Runs the day to day affairs of the country
-It implements government policies through public servants
-It ensures equitable distribution of national resources

2
 -It exploits the national resources
-It promotes sustainable utilization of resources

2) THE LEGISLATURE
-It is made up of the President, National Assembly and the House of Chiefs
-It makes new laws of the country
-It can amend/change the existing laws
-It oversees the way in which government policies are implemented
-Approves government’ annual budget plans
-It decides on government expenditure
-It can authorize the government to get foreign aid
-It elects the president who signs all the laws which are then published in the
government Gazette

3) THE JUDICIARY
-It is made up of the Chief Justice and the Courts
-It deals with the administration of justice in the country
-It interprets laws of the country
-It tries criminal and civil cases
- Punishes the offenders though fine or imprisonment
THE EXECUTIVE POWERS OF THE PRESIDENT
-He/she is the Commander-Chief of the armed forces eg. BDF and Police
-He/she appoints certain top officials in all stake organs e.g. Ministers, CEOs etc.
-He/she has the prerogative of mercy which means that he can pardon/forgive the
criminals
-He can convene or dissolve the Parliament/National Assembly
-He/she must sign all the Bills before they can become Law
-He/she can declare a foreigner a prohibited immigrant
-He/she can declare a state of Emergency/Curfew by suspending the constitution

SEPARATION OF POWERS
-In order to preserve democracy and good governance, the government is divided
into 3 branches namely Executive, Legislature and the Judiciary
-Each branch is independent of each other
-Each branch has limited powers i.e. No branch is allowed to interfere with the
duties of other branches
-This is done in order to provide checks and balances on other branches so as to
avoid the abuse of power by one branch/institution

Examples of checks and balances in the powers of the three branches

-The legislature can impose a ‘Vote of no confidence’ on the president and the
judiciary can charge the president for crimes against the state (impeachment)
-The executive cannot implement NDP and annual budget until approved by the
Legislature (Parliament)
-The Judiciary ensures that laws passed by the executive and legislature do not
violate the constitution

3
 -The executive and the judiciary can check the power of the judiciary by changing
the constitution instead of changing the law so that the law does not violate the
constitution
-Parliament can pass a vote a ‘motion no confidence on the government’ and
the parliament is dissolved and new elections are held

CONSTITUTIONAL LIMITATIONS ON THE POWER OF GOVERNMENT

IN BOTSWANA
-Government operates within the constitution e.g. Constitutional reforms/changes
can be done with the mandate of the electorate i.e. referendum
-Civil societies or individuals can challenge some laws in the constitution and
take the government to court eg Unity Dow on women rights and Roy Sesana on
the rights of the minority/ Basarwa in Central Kalahari Game Reserve (CKGR)
-No abuse of power by the government because of separation of powers which
provide checks and balances on each other
-Respect for human rights, the state protects the rights and freedoms of citizens as
such no imprisonment without trial

THE STAGES OF LAW MAKING IN BOTSWANA

-Draft paper is made by the ministry concerned
-Draft paper is then sent to the Attorney General
-The draft paper goes to the Government Gazette for 30 days for the public
-The bill is then tabled for the first time in parliament, no debate
-Then it goes back to the concerned committee for scrutiny
-The bill is tabled again at the parliament for the second time and is debated
-Then it goes back to the committee for amendment
-From there it is tabled again for the third time and voting takes place
-If voted for, the bill becomes an Act of Parliament
- If the president has signed it becomes law of the country
-If the president has not signed it goes back to the first stage

THE ROLE OF VARIOUS INSTITUTIONS IN PROMOTING GOOD

GOVERNANCE

a) OMBUDSMAN
-It also prevents improper conduct by persons performing public functions
-It looks after the interests of the people and listens to their complaints about the
government service
-To recommend action to be taken in remedying the injustice caused
-Enhances fair administrative practice and conduct
-It encourages observance of rules of natural justice
-Makes sure that the public service adopts a result-oriented and performance-
driven culture with better accountability

4
 b) INDEPENDENT ELECTORAL COMMISSION (IEC)
- Runs the elections without fear or favouritism in order to promote good
governance
-It regulates and runs free and fair elections
-It validates the outcome of elections
-Gives citizens the right to elect their representatives
-Provides the public with voter education
-To conduct referenda to help people make a decision concerning a particular
subject e.g. Abortion, etc.

c) BOGOSI (CHIEFTAINCY)
-Advises in policy making processes on matters affecting culture
-Helps in the law making processes
-Promotes and implements government policies
-It affords people an opportunity to participate in decision making through
consultation
-It represents the interests and needs of people
-It is a symbol of authority eg. Keeps law and order
-It acts as a unifying force by trying minor cases
-Promotes peace and transparency ie. Settlement of disputes
d) MEDIA ( TV, Radio, Newspapers, Magazines, Internet)
-It is the watchdog of the nation by disseminating information to people
-It exposes wrong doings in all sectors e.g. Exposes corruption
-Opens the public`s communication forum through talk shows
-Sensitizes the public on their rights and responsibilities
-Challenges the government to be accountable and transparent

e) DIRECTORATE OF CORRUPTION AND ECONOMIC CRIME (DCEC)

-It has a policy on zero tolerance on corruption so as to promote good governance
because corruption can delay developments and also scare foreign investors
-It investigates economic crimes eg. Living beyond one`s means
-It ensures that government funds are used for their intended purposes
-It promotes transparency and accountability in institutions through the provision
of public awareness education

f) NON-GOVERNMENTAL ORGANIZATIONS (NGOs)

-They educate people about their rights e.g. Ditshwanelo
-They help to improve people’s lives by sponsoring projects e.g. Kuru, Sankoyo
development trusts
-They encourage accountability and transparency on the part of the government
-They condemn the abuse of power by the governments e.g. Botswana
government and Basarwa in CKGR and Zimbabwe government on its citizens
-Influence decision making e.g. Environmental Impact Assessment (EIA)
-Promotes or demotes country’s image internationally

g) EMANG BASADI

5
 -It is a pressure group which guard against violation of women rights
-It calls for some changes on the laws which discriminates against women
-It lobby’s for Affirmative Action i.e. women calls for a 50-50 parity for positions
of power
-It provides women with political education
-It managed to convince different political parties to include women’s issues in
their manifestos
-It has enhanced the increasing women representation into positions of power

h) CHURCHES
-They advise the government to do things in a good way and faithful manner in
order to promote good governance
-They are against all forms of discrimination since we are all equal before the
eyes of the Lord
-They unite people from diverse backgrounds by preaching tolerance and
acceptance of one other

THE FORMATION OF GOVERNMENT IN BOTSWANA

-Registration of different political parties
-Registration of people who want to vote
- Primary elections are carried by different political parties
-Leaders are elected by the people in their constituencies
-A party with many MPs in parliament forms the government
-The President is chosen by the party with many MPs in parliament
-He then chooses Ministers and specially elected MPs
-A parliament in Botswana lasts for five years before next general elections
-The President stays in power for 10 consecutive years

THE ROLE OF OPPOSITION PARTIES IN ENSURING GOOD

GOVERNANCE IN BOTSWANA
-They come up with alternative ideas on how best the country can be governed
-They make suggestions for the electoral reforms such as; lowering of voting age
-They challenge the government of the day to be accountable and transparent
-They criticize the abuse of power i.e. fair distribution of national resources
-The challenge some of the proposed decisions by the government
-Act as checks and balances thus ensuring good governance
-Educates people on political/voter education
-Prevents political instability because of political democracy
-Supports the government on matters of national interests
-Conscientize people on who to choose as their representative

6
 -Provides an alternative government
*Internal conflicts make people lose confidence in them/fragmentation leads to
split votes as they compete among themselves
*Some opposition parties are only active in major settlements and do not have
representatives in remote areas like the ruling party
*Exaggeration of national issues which may render some parts of the country
Ungovernable
*Financial constraints/lack of resources to lobby for support throughout the entire
country

ELECTORAL SYSTEM IN BOTSWANA

FIRST PAST THE POST/TERRITORIAL

REPRESENTATION/MAJORITARIAN PARLIAMENTARY SYSTEM

STRENGTHS/ADVANTAGES
-In Botswana the winner takes it all
-It encourages the government to speak with one voice
-It ensures political stability ie. Free and fair elections with less controversy
-It is simple and easy for people to understand
-It enables an MP to have a direct link between with their constituents or
electorates
-It tends to produce decisive results in the elections
-It may lead to the formation of a strong and united government
-It encourages candidates to be responsive to the needs of their constituencies

WEAKNESSES/DISADVANTAGES OF OUR ELECTORAL SYSTEM

-The minority not represented eg. Extremist political parties do not get included
-Electorates can be represented by candidates of low caliber
-The government might be formed by the minority because the percentage of the
votes does not equal the number of seats won
-It undermines the legitimacy of the government
-It incorrectly reflects the relative strength of political parties
-It favours strong parties to the detriment of the weaker political parties
-Artificial delimitation of constituencies can give rise to an imbalance between
constituencies
-Do not allow people to vote their president
-Allows defection from one political party to another with their sits
-No appearance on the voter’s roll means no voting
-Some people might be left out during voting because of certain reasons
-It is expensive to run the elections and voting is done one day
-Unresponsive or insensitive to public opinion until the next general elections
-It encourages voter trafficking “motshelo wa batlhophi”
-The date of elections is kept secret by the President which is detrimental to the
opposition parties
-There is lack of availability of mobile registration to cover the remote rural areas

7
 -It does not encourage equal gender participation and representation
-The Independent Electoral Commission is not nominated by the National
Assembly and does not have equal representatives from the ruling party and the
opposition

PROPORTIONAL REPRESENTATION

STREGNTHS/ADVANTAGES
-It favours small parties which frequently lose out under first-past-the-post system
-It allows great voter choice by allowing one to list political parties in order of
preference
-It allows power sharing in the country e.g. Parties A,B,C and D would obtain
40%, 30%, 20% and 10% out of 50 seats, Party A will have 20 seats, B-15, C-10,
and D-5 seats
-Unless the winning party gets over 50% of the votes, it can only form a
government with the support of other parties
-It promotes a coalition of political parties
-It caters for all interests of divergent groups such as disabled, children, women
and minority ethnic communities

WEAKNESSES/DISADVANTAGES
-It is difficult to be understood by the electorates
-It rarely leads to a result with one clear winner
-It weakens the link between an MP and their constituency/electorates
-It leads to backroom deals where parties form coalitions
-Coalition takes power from the ordinary voters and gives too much power to
small minority parties
-It can be complicated when calculating an exact percentage/result

REASONS FOR VOTER APATHY IN BOTSWANA

-Less number of voting /polling stations
-An inherited Tswana political culture that restricted competition for political
office
-A history of non-liberation politics that failed to stir national sentiments
-A presidency that is excluded from the direct electoral process
-A prevalence of long queues during election day
-Lack of awareness on political/voter education by the public
-Domination of one political party eg. The ruling Botswana Democratic Party
-Lack of strong opposition political parties
-Unfavourable dates of elections, usually they are conducted on Saturdays when
some people are left out such as members of the Seventh Day Adventist
-Jealousy or Pull Him or Her Down Syndrome, when the electorates do not like a
certain representative
-Satisfaction with the status quo that is the current ruling party is doing well
-Perennial factions in the political parties discourages voters
-Voting which is done in one day

8
 -Delimitation of constituencies can provoke traditional voters of a particular
area/constituency
-Absence of transfer voting during elections day
-Loss of ID cards/registration card/invalid cards

HOW ELECTIONS ARE CONDUCTED IN BOTSWANA

-An 18 year and above citizen of Botswana with a valid Omang can register
-One should take their valid Omang and their registration card to the polling
station at which one has registered
-The Polling Officers are there to guide and assist one through the process of
voting
-They will check that the voter’s name is on the voter’s roll.
-They will then give the voter a ballot paper and show him/her what to do with it
-The voter has to mark only one cross [x] within the empty square in the row of
the party one has chosen, and then fold the paper as they were shown
-He/she should take it back to the Polling Officers, and show it to them folded
-They will then show him/her the ballot box into which he/she will put the ballot
paper.
-The voting exercise would have been done

THE RELATIONSHIP BETWEEN THE ELECTED AND THE

ELECTORATE AT LOCAL AND NATIONAL LEVELS

SOCIAL CONTRACT- A reciprocal relationship between the elected and the

electorate
-It is an unwritten agreement/accountability between the leaders and the led
-The leader is expected to act on behalf of voters when dealing with the
government
-The elected has to get the views from his or her constituency/area
-The elected is expected to bring back the feedback from the relevant authorities
-For their part the electorate is supposed to attend meetings held in their
constituencies and contribute ideas on how improvements can be done
-The electorate also arranges meetings with their leader if there are any particular
issues they want the government to attend to
-They participate in local government activities in the village
-If the electorates are not happy with their representatives they may vote him/her
out in the next coming elections which is a signal that the social contract has been
terminated/cancelled after 5 years.

CHARACTERISTICS OF A DEMOCRATIC/GOOD GOVERNMENT

-Multi-party state-Different political parties are allowed to contest elections
- Elections held periodically as prescribed by the constitution
-Consultation-Government rules with the consent of the people through regular
meetings between the leaders and the led for all to own up any decisions made
-Bill of rights-Basic rights and freedoms are guaranteed by law e.g. right to life

9
 -Accountability-Leaders to satisfy the needs of the citizens by performing the
responsibilities they are charged with
-Rule of law-All people are equal and all should respect the constitution i.e. there
should be absence of arbitrary powers
-Gender neutrality- Equality between sexes is allowed to exist
-Transparency-There would free flow of information between the leaders and led
i.e. Decisions of the leaders should not be done in secret
-Respect for human rights & civil rights-Rights and freedoms should be
guaranteed by law e.g. right to life
-Corruption Free-Absence of corrupt practices through checks and balances e.g.
nepotism, bribery and favouratism
-Liberal Democracy-The is elected by the people and rules on behalf of the
people hence the promotion of peaceful change of government
-Social Harmony-Equitable distribution of the national resources for the benefit
of all people without any discrimination
-Separation of powers-Power should be shared between different branches of
government to reduce abuse of power
-Resource prudency-Sustainable utilization of resources for future generations

CHARACTERISTICS OF NON-DEMOCRATIC FORMS OF GOVERNMENT

-No respect for the constitution/rule of law, ie if some people are above the law
-Arbitrary imprisonment- it means when one is put into prison without trial eg.
Nelson Mandela of South Africa during Apartheid era
-Violation of Human rights- killing of political opponents
-Inequalities- discrimination based on race, tribe, sex differences like in Saudi
Arabia women are not allowed to vote during elections
-No transparency and accountability- when the affairs of the government are
done in secret
-No elections- when people are denied the right to vote their leaders
-Single party state- no opposition is allowed to exist to reduce competition

TYPES OF GOVERNMENT
a) Aristocracy-type of government formed by people of highest social class
especially class depending on birth wealth
Characteristics
-ruled by few rich individuals (state of oligarchy)
-corruption and nepotism is common practice
-dictatorial and autocratic in nature
-protect own interests against the masses by prohibiting elections
-violation of human rights
-restricted freedom of press

b) Republican/Multiparty democracy/Representative –type of government

which rules with the consent of the electorates

10
 Characteristics
-freedom of speech
-respect the rule of law by all
-everyone has the right to vote
-conduct regular free and fair elections
-freedom of association and assemble
-observation of human rights

c) Monarchy- a state ruled by the royal family such as king or queen

Characteristics
-power struggle between traditional leaders and political groups
-dictatorial and autocratic in nature
-political parties are not allowed
-strict control over press/media
-political instability due to denial of certain freedoms like voting

d) One/single party state –only one party is allowed to exist and to act as the
ruling government
Characteristics
-opposition parties are not allowed
-high corruption by government officials
-no transparency on government issues
-limited press freedom
-no general elections

e) Military government-type of government formed through a military coup

(toppling the ruling government from power)
Characteristics
-restricted press or media freedom
-no freedom of association
-dictatorial and autocratic in nature
-no national elections
-No transparency and accountability on national programmes
-Gross human rights violation
-ban on political parties
-rule through a decree such as the curfew law
-increased corruption and nepotism

BOTSWANA`S CONSTITUTIONAL DEMOCRACY WITH OTHER FORMS

OF GOVERNMENT IN THE WORLD

a) BOTSWANA SYSTEM/FORM OF GOVERNMENT

-It is a constitutional/parliamentary democracy or republic
-The government rules with the consent of the people
-People have freedom of opinion i.e. can criticize without fear or intimidation
-The country is governed by a written constitution

11
 -The constitution can be challenged by civil society
-The decisions of leaders can be questioned
-Human rights and freedoms are guaranteed by the law
-The use of force is limited; discussion and persuasion are used to solve conflicts
-The government holds power for a limited number of years ie. 5 years before
elections
-The president holds office for a maximum period of 10 years

a) IRAQ
-During Saddam Hussein it was a military dictatorship that seized power by force
-Ordinary citizens have no say in the decision making process unlike a democracy
-The head of the military dictatorship has absolute power in that country
-This can lead to decisions being made against the wishes of the majority eg. The
use of scotch death campaign/policy as an anti-Kurd offensive with the use of
chemical weapons because they opposed him in the 1980`s
-There were no elections and the government tells people what to do

b) IRAN
-It is a Theocracy that is a religious government
-Members of the majority religion which is Islam make up parliament and thus
the government
-The religious leader in Iran is known as the Ayatollah, who wields a great deal of
power
-Civil laws are made to conform to the religious teachings of Islam
-Today Iran combines Theocracy and Democracy

c) SAUDI ARABIA
-It is an Absolute Monarchy or an Autocracy
-It has been ruled over by Saudi royal family
-All the powers lie in the hands of the Saudi royal family
-All the ministers of the Saudi Arabian government together with all members of
the Cabinet are members of the royal family
-It is an example of an Autocracy
-The power wielded by the monarchy is regarded as legitimate by the right of
birth in the Saudi royal family

d) CUBA
-It is meant to be a Grassroots Democracy
-Is a one-party communist state ie. Only one Communist Political Party exist
-Debate is meant to occur within branches of the Communist Party on a local
level
-Ideas are then passed upwards to the national leadership
-No external opposition is allowed

e) CHINA
-It is a Totalitarian state

12
 -The government controls every aspects of an individual`s life
-It does so through the establishment of single-party state
-Leaders have absolute and dictatorial powers
-The leaders hold power by means of a secret police (Intelligence Units)
-They use mass media propaganda and eliminate free speech
-No discussion or criticism of the state
-There is wide-spread use of terror tactics

g). UNITED KINGDOM

-It is a Constitutional Monarchy
-The Head of state is the Monarch ie. King/Queen
-He/she does not have real powers
-He/she approves laws made by the parliament
-Does not have written constitution but have rules and laws as a matter of custom
and convention
-The Monarchs have limited powers and their role is mainly ceremonial

13