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Hansard No 161 1 NATIONAL ASSEMBLY WEEKLY PARLIAMENTARY DEBATES OFFICIAL REPORT HANSARD NO 161 20 - 21 October 2009 Printed by Order of Parliament

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Page 1: NATIONAL ASSEMBLY WEEKLY PARLIAMENTARY DEBATES … · Hon Major Gen. M. R. Pheto, MP Kweneng East Hon R. Masitara, MP Gaborone West North Hon T. W. Masisi, MP Francistown West Hon

Hansard No 161 1

NATIONAL ASSEMBLY

WEEKLY PARLIAMENTARY DEBATES

OFFICIAL REPORT

HANSARD NO 161

20 - 21 October 2009

Printed by Order of Parliament

Page 2: NATIONAL ASSEMBLY WEEKLY PARLIAMENTARY DEBATES … · Hon Major Gen. M. R. Pheto, MP Kweneng East Hon R. Masitara, MP Gaborone West North Hon T. W. Masisi, MP Francistown West Hon

2 Hansard No 161

THE NATIONAL ASSEMBLY SPEAKERThe Hon M. N. Nasha.DEPUTY SPEAKER

The Hon P. P. P. Moatlhodi, MP Tonota South

Clerk of the National Assembly - Mr B. DithapoDeputy Clerk of the National Assembly - Vacant Acting Parliament Counsel - Mr S. MorokaPrincipal Clerk Asst. 1 (E) - Mr M. Moreri

CABINETHon. Lt. Gen. S. K. I. Khama, MP.

Hon. Lt. Gen. M. S. Merafhe, MP. (Mahalapye West)

Hon. L. E. Motsumi, MP. (Specially Elected)

Hon. P. T. C. Skelemani, MP. (Francistown East)

Hon. D. R. Seretse, MP. (Serowe North East)

Hon. J. K. Swartz, MP. (Ghanzi North)

Hon. L. T. Mokalake, MP. (Boteti South)

Hon. P. Venson-Moitoi, MP. (Serowe South)

Hon. O. K. Matambo, MP. (Specially Elected)

Hon. F. Ramsden, MP. (Maun East)

Hon. C. De Graaf, MP. (Ghanzi South)

Hon. P. H. K. Kedikilwe, MP. (Mmadinare)

President-

Vice President-

Minister Presidential Affairs and - Public Administration

Minister of Foreign Affairs and - International Cooperation

Minister of Justice, Defence and - Security

Miniter of Infrastructure, Science and - Technology

Minister of Local Government-

Minister of Education and Skills - Development

Minister of Finance and Development - Planning

Minister of Transport and - Communication

Minister of Agriculture-

Minister of Minerals, Energy and - Water Resources

Page 3: NATIONAL ASSEMBLY WEEKLY PARLIAMENTARY DEBATES … · Hon Major Gen. M. R. Pheto, MP Kweneng East Hon R. Masitara, MP Gaborone West North Hon T. W. Masisi, MP Francistown West Hon

Hansard No 161 3

Hon. P. Siele, MP. (Ngwaketse South)

Hon. S. Kgathi, MP. (Bobirwa)

Hon. K. O. Mokaila, MP. (Borolong)

Hon. N. E. Molefhi, MP. (Selebi Phikwe East)

Hon. Rev. Dr. J. Seakgosing, MP. (Kweneng South)

Hon. B. G. Gaolathe, MP. (Tonota North)

Hon. O. Molebatsi, MP. (Tswapong South)

Hon. K. Rammidi, MP. (Kanye North)

Hon. B. Tshireletso, MP. (Mahalapye East)

Hon. K. Rakhudu, MP. (Gaborone North)

Hon. M. E. Masisi, MP. (Moshupa)

Hon. C. M. Tibone, MP. (Tati West)

Hon. M. Motowane, MP. (Letlhakeng West)

Hon.D. Makgato-Malesu, MP. (Specially Elected)

Minister of Labour and Home Affairs -

Minister of Youth, Sports and Culture -

Minister of Environment, Wildlife and - Tourism

Minister of Lands and Housing -

Minister of Health -

Minister of Trade and Industry -

Assistant Minister, Agriculture -

Assistant Minister, Local Government -

Assistant Minister, Local Government -

Assistant Minister, Education and - Skills Development

Assistant Minister, - Presidential Affairs and Public Administration

Assistant Minister, Finance and - Development Planning

Assistant Minister, Health -

Assistant Minister, Trade and Industry-

Page 4: NATIONAL ASSEMBLY WEEKLY PARLIAMENTARY DEBATES … · Hon Major Gen. M. R. Pheto, MP Kweneng East Hon R. Masitara, MP Gaborone West North Hon T. W. Masisi, MP Francistown West Hon

4 Hansard No 161

MEMBERS OF PARLIAMENT AND THEIR CONSTITUENCIESNames Constituency

RULING PARTY (Botswana Democratic Party)Hon P. P. P. Moatlhodi, MP Tonota South Hon P. Maele, MP Tswapong North Hon Major Gen. M. R. Pheto, MP Kweneng East Hon R. Masitara, MP Gaborone West North Hon T. W. Masisi, MP Francistown West Hon B. Ntuane, MP Gaborone West South Hon G. Mangole, MP Kgatleng West Hon K. Molatlhegi, MP Gaborone South Hon W. Mmolotsi, MP Francistown South Hon P. M. Masimolole, MP Mogoditshane Hon T. Moremi, MP Maun West Hon M. E. Raletobana, MP Kweneng South East Hon M. M. Goya, MP Palapye Hon S. Tsogwane, MP Boteti North Hon L. Kablay, MP Letlhakeng East Hon R. Makosha, MP Nata/Gweta Hon T. Khama, MP Serowe North West Hon D. Kwelagobe, MP Molepolole South Hon G. Moyo, MP Tati East Hon O. Motlhale, MP South East South Hon E. Batshu, MP Nkange Hon G. Matlhabaphiri, MP Molepolole North Hon P. Makgalemele, MP Shoshong Hon V. Seretse, MP Specially Elected

OPPOSITION (Botswana National Front Party)Hon O. Gaborone, MP Leader of Opposition South East South Hon P. Khwae, MP Kgalagadi North Hon J. Toto, MP Kgalagadi South Hon I. S. Mabiletsa, MP Kgatleng East Hon M. R. Reatile, MP Ngwaketse West Hon A. Kesupile, MP Kanye South

OPPOSITION (Botswana Congress Party)Hon G. Saleshando, MP Selebi-Phikwe West Hon D. Saleshando, MP Gaborone Central Hon B. Arone, MP Okavango Hon G. Mshimwe, MP Chobe Hon T. Habano, MP (Botswna Alliance Movement) Ngami

INDEPENDENT CANDIDATEHon N. Modubule, MP Lobatse

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Hansard No 161 5

Annoucement by His Honour The Vice President.......................................38

Announcements by the Speaker...................................................................12

Confirmation of the Voters Roll............................................................19 - 24

Election of The Speaker of The 10th Parliament..................................................................................31

Endorsement of His Honour The Vice President................................................................................35 - 36

Explanation of the Election Process.....................................................12 - 18

Inauguration Address byPresident of the Republic of Botswana...................................................6 - 11

Oath of Allegiance by Members of the Parliament................................25 -30Oath of Allegiance by Honourable Speaker..........................................32 - 34Oath of Allegiance by His Honour the Vice President.........................37 - 39

Proclamation................................................................................................25

TABLE OF CONTENTSTHE FIRST MEETING OF THE FIRST

SESSION OF THE TENTH PARLIAMENT

20 - 21 October 2009Contents Page (s)

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6 Hansard No 161

INAUGURATION ADDRESS

BY

HIS EXCELLENCY THE

PRESIDENT OF THE REPUBLIC OF BOTSWANA

20th OCTOBER 2009, AT 0830 HRS

PARLIAMENT GROUNDS

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Hansard No 161 7

INAUGURATION ADDRESS BY PRESIDENT OF THE REPUBLIC OF BOTSWANA

Tuesday 20th October 2009

Your Lordship Chief Justice Nganunu and Mrs. Nganunu

Honourable Speaker of the National Assembly, Mr Balopi and Mrs. Balopi

Former President Sir Ketumile and Lady Masire

Former President Mr F. G. Mogae and Mrs. Mogae

Judge President of the Industrial Court, Mr Elijah Legwila

Your Ladyships and Lordships Judges of the High Court and I n d u s t r i a l Court, and your Spouses

Your Excellencies Heads of Diplomatic Missions and International Organisations and your spouses

Honourable Members of Parliament and your spouses

Dikgosi le bahumagadi

The Right Reverend Bishop Valentine T. Seane

Distinguished Guests

Batswana betsho, ke lo dumedisa ka Pula!

I once more take the solemn Oath of Office of President with a great sense of humility. I am humbled by the expression of faith and trust bestowed upon me and my Government by the citizens of this country. At the same time, I derive much strength from this show of confidence, and as a result, I take the responsibilities which come with the office with renewed optimism and resolve as I put emphasis on Delivery.

I wish to congratulate all members of Parliament and Councillors across party lines for their success. Whilst one party may have faired better than others, the overall outcome is more important, as it reflects the will of the people. We are united in our knowledge that our collective aspirations and destiny as a people are far greater than the individual differences we have at party political level. Team work and collaboration will be crucial if we are to deliver to the expectations of Batswana.

We must use this opportunity to count our blessings, and remember that many societies find peace and stability elusive which we take for granted; that horrendous attrocities have fallen upon many countries; and that economic ruin has resulted from poor governance which places sectarian interests ahead of national interest. We must forever remain vigilant and guard our treasure of Democracy jealously.

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8 Hansard No 161

INAUGURATION ADDRESS BY PRESIDENT OF THE REPUBLIC OF BOTSWANA

Tuesday 20th October 2009

When I took Office in April 2008, I enumerated some of the challenges which lie ahead, and my resolve to harness our collective energies and capacities to overcome them. These challenges, namely, unemployment, poverty, crime, HIV and Aids, shortage of shelter, declining social values, environmental degradation and global competition remain valid today. I am happy to report that we have put in place a number of policies, programmes and projects, measures and initiatives to tackle most if not all of them and will continue to do so in the coming Term.

These measures cover a whole range of the development agenda. Particular attention will also be paid to agriculture, education and skills development, health, housing, youth empowerment, sports, the arts, diversification and sustainable use of resources.

I remain committed to turning around the agricultural sector, such that production levels of both livestock and crops is increased significantly. Through commercialization of areas where we have comparative advantage, provision of infrastructure, as well as facilitation of credit, the agricultural sectors’ contribution to GDP as well as our food security should improve.Human resource development remains critical. Through our education and skills development policies and programmes, issues of access, quality and equity will continue to be addressed. This is necessary to meet our current and future needs, and for international competitiveness.

Closely related to the development of our skills base is the need to move with speed into a knowledge society. Communication, Science and Technology will be key in this. More use of ICT for service delivery, coupled with strengthened research and development, should not only give us greater efficiency, but opportunities for diversification beyond diamonds should be enhanced. Innovation and creativity, especially amongst the youth will be encouraged and promoted. Through communication infrastructure development, access for rural areas and international connectivity, as well as telemedicine will be greatly improved.We have long recognized that the diversification of the economy both within the minerals sector and beyond is a key strategy for our future survival. It is for this reason that considerable investment will continue to go into mineral beneficiation, infrastructure development in all sectors including

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Hansard No 161 9

INAUGURATION ADDRESS BY PRESIDENT OF THE REPUBLIC OF BOTSWANA

Tuesday 20th October 2009

transport, energy and water. Our research and development institutions therefore, will have a critical role to play in product development.

The combined effect of our investments in the various sectors will be job creation as well as poverty alleviation. In this regard, I have decided as I did with employment creation which is coordinated from my office by the Vice President that our poverty eradication strategy will also likewise be co-ordinated from the Office of the President by the Vice President to ensure we maximize the impact of our various programmes and policies towards the goal of bringing about dignity for those living in poverty.

The Youth are our future. Consequently investment in sports, the arts and youth empowerment schemes will remain a key part of our development agenda. I pledge to search high and low for more opportunities for our youth, and we will engage with them to achieve this. I currently have a list of about forty such recommendations for such opportunities from Youth offices which will be considered shortly covering business, employment and social issues.

A more comprehensive account on other developments will be provided in the State of the Nation Address which I will deliver in Parliament in a few weeks from now.

For us to make notable progress, everyone in the public service, the private sector, in every office, mine, farm, masimo, moraka – must all give their best. Every student and teacher must remember that a moment lost relegates us to the bottom of the skills and knowledge hierarchy. Every artist and every sportsperson should strive to be the very best.

It is only when everyone approaches their pursuits with purpose and determination that ownership of the development path will be achieved. The resources deployed by Government are then optimized for maximum gain.

One of our pivotal aspirations is to create a Compassionate, Just and Caring nation, a key tenet of which is dignified living. This aspiration is driven by our respect for human life. Our health care system, poverty alleviation measures, support for the young, the elderly, people with disabilities, as well as orphans, will be driven in this term by this value system.

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INAUGURATION ADDRESS BY PRESIDENT OF THE REPUBLIC OF BOTSWANA

Tuesday 20th October 2009

While Government will not shirk its responsibility in these matters, the results will be greater, the reach much wider, and the sense of satisfaction much deeper if everyone, in their different capacities, make their contribution. Those who are more able must lend a hand to the less fortunate. This country needs more acts of philanthropy. The spirit of voluntarism must be shown at all times. We as individuals, in partnership with Government, are ultimately responsible for our own dignity and destiny. And as I have said before, we only have one country to live in and we must all do our best to make it a success.

We preach mindset change to the nation. This ranges from improvement in the nations work ethic, for better productivity and thus improved Delivery, prudent use of our scarce resources and elimination of waste, to the acceptance that no nation is self-sufficient in all areas. In this regard, both foreign capital and foreign skills which are complimentary to our own resources will continue to be welcome.

Leadership at all levels must attempt to be exemplary and show the way towards changing mindsets as I have described. We must be patriotic towards Botswana and supportive of one another instead of pulling our country and each other down as is often demonstrated by some in our media.

While optimistic about our future, I remain conscious of the challenges brought on by the Global Financial Crisis.

In this connection, the private sector must redouble its efforts in a spirit of partnership with Government to grow the economy.

We remain greatly indebted to the international community and development partners for the support they have given us over the years. We will continue to value this support as we consolidate the gains we have made.

Let me reiterate that I as I am sure all of you do, hold dearly the principles and values of democracy and freedom. Adherence to these values allows participation and ownership by our people in the creation of a common destiny. These ideals inform our foreign policy, as we desire for others what we desire for ourselves. We will work with our SADC colleagues to ensure that these ideals become a culture in our region and the continent as a whole.

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Hansard No 161 11

INAUGURATION ADDRESS BY PRESIDENT OF THE REPUBLIC OF BOTSWANA

Tuesday 20th October 2009

As I conclude, let me remind the nation at large that everyone must be ready to be held accountable. We need to rekindle our spirit of self-reliance. Like it or not, self-reliance is an issue of willpower and pride, and it requires discipline to stay the course. Our conduct must also be beyond reproach.

We should not delude ourselves. All nations which have made great strides place heavy demands on themselves, for they realise that they must create enough for themselves for today with a surplus for tomorrow. Future generations inherit the surplus in order to make a start.

I would like to thank everyone, citizen and non-citizen alike, who make this country a place worth living in, and a destination of choice for world travelers and investors alike.

I thank you. Pula!

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12 Hansard No 161

EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

Tuesday 20th October 2009

INFORMAL MEETING OF PARLIAMENT

The House met at 2.30 p.m.

SPEAKER’S ANNOUNCEMENT

MR SPEAKER (MR BALOPI): Some of you seem to be surprised or not quite familiar in seeing me walking in this Honourable Chamber without my gown and wig, you might be wondering whether there has been a change of regimes and therefore things are no longer the same as you last saw them before you went out for your elections. The reason why that is not so is precisely what we are going to explain this afternoon, because this is not a formal meeting of Parliament but rather a gathering of Parliamentary Elects as the Constitution provides under the presence of the Speaker who in this case will be like a Presiding Officer for purposes of elections.

You will recall the process as you witnessed during the weekend that the Chief Justice served, in terms of the Constitution, as the Presiding Officer for the announcement of the Presidential electoral results and the Secretary of the Independent Electoral Commission performed that function to announce the names of the winners of the constituency elections, Parliamentary elections. The Constitution then calls for the third process, this is what we are going to be explaining this afternoon. I felt I should just indicate that so that you understand why we are here and why the Speaker in this particular instance is not wearing his gown and wig except the natural wig, of course, which the Speaker has been born with.

The second announcement that I would like to make before we proceed, Honourable Members, is that you will notice that we have in our presence here the Learned Attorney General. I have invited her to this meeting because we are dealing with matters of the Constitution and matters of law so that should there be any hitches she will be around to assist, because I cannot profess to be competent in dealing with those exercises and His Excellency has not even appointed me to act in that respect.

Thirdly, in our mist are my Parliamentary officials led by the newly appointed or designated Clerk of the National Assembly, Ms Barbra Dithapo. She will be assisted by the Acting Parliamentary Legal Counsel, Ms Stella Moroka and , the Senior Assistant Clerk Mr T. Thebenala.

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Hansard No 161 13

EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

Finally, I have allowed and invited members of the public including of course our friends members of the Diplomatic Corps to feel free to join and participate in observing this process because the whole purpose is to try and make this as transparent and as open as possible because we want to continue to nurture the development of our democratic processes. They will be here to bear witness and assist. Ba tla a re tswela paki ka Serolong.

Having said that, let us now start the meeting itself. We have an agenda that we have to look at so that we do not miss the stages. What I was doing was just to orientate you to the reasons why we are here because some of you did not seem to understand why we are here today. So, the next item, Honourable Members, that we are going to deal with will be a prayer. I am informed that Reverend Dr Seakgosing, Member of Parliament Elect for Kweneng South Constituency has graciously accepted to lead us not into temptation but prayer.

PRAYER BY REVEREND DR SEAKGOSING -PARLIAMENTARY ELECT FOR KWENENG SOUTH

MR SPEAKER: Thank you Reverend Dr Seakgosing. The next item, which is item 4, will be explanation of the Election Process.

EXPLANATION OF THE ELECTION PROCESS

MR SPEAKER: Honourable Members, we have made copies of the First Schedule of the Constitution available to you as we had referred to it in the letter of invitation that we extended to you, but we felt over and above that I should take this opportunity, as the Presiding Officer, to take us through the process because these things happen only once every five years, we may not remember all the stages that we went through in the past.

I would like, therefore, to preface my remarks on this important occasion by congratulating you, Your Excellency, Lt Gen Seretse Khama Ian Khama upon your successful election to the highest office of the President of the Republic of Botswana. I would like to take this opportunity also to congratulate each and every single one of you Honourable Members for your victory in the just concluded Parliamentary elections. I welcome you all to this special meeting of elected Members of the 10th Parliament of the Republic of Botswana. Whilst I hope that you all may have received my correspondence dated 18th October 2009 which clearly explains and sets out the purposes of this important meeting, I would like to restate its necessity and purpose for optimal understanding of all the persons and all of you present here.

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14 Hansard No 161

EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

Section 58 of the Constitution of the Republic of Botswana provides and I quote,

“1. The President shall be an ex-officio Member of the National Assembly and shall be entitled to speak and to vote in all proceedings of the National Assembly.”

So, he is not here as an observer, he is here this afternoon as a Member, as a participant, therefore, he will be taking part with everybody else in the process.

“2. In addition to the President, the National Assembly shall consist of –

57 Elected Members who shall be elected in accordance with the (a) provisions of this Constitution and subject thereto in accordance with the provisions of any Act of Parliament.

Four Specially Elected Members who shall be elected in accordance (b) with the provisions of the Schedule to this Constitution and subject thereto in accordance with the provisions of any Act of Parliament.”

Now, having given that background as to the composition of Parliament, the next one I want to make is that as the outcome of the recently conducted Parliamentary elections has determined the 57 elected Members referred to in Section 58 (1) and (2) (a), it now remains for you to complete the composition of the 10th Parliament or new National Assembly by the election of the four Specially Elected Members envisaged by Section 58 (2) (b) of the Constitution. We are now here to do that, to complete the composition of Members of Parliament. It will be seen from Section 58 (2) (b) that the controlling legal provision for the election of Specially Elected Members are contained in the First Schedule to the Constitution whose copies we have made available and a copy of which I have availed to each and every Member in keeping, of course, with my assurance contained in my correspondence dated 18th October 2009 summoning all of you to this meeting. We have undertaken to make these copies available so that we are all in unison in this process.

The silent provision of the First Schedule to the Constitution which govern election of Specially Elected Members can be summarized therefore as follows:

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EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

As soon as practicable after the holding of the general election of the 1. elected Members of the National Assembly and therefore the assembly meets after that general election, the Speaker shall cause elections of Specially Elected Members to be held. That is under Paragraph 5 (1) (a).

Such meeting of elected Members of the National Assembly for the 2. purposes of general election of the Specially Elected Members shall be summoned by the Speaker. That is under Paragraph 5 (2). It was for this reason that I summoned this meeting.

That the National Assembly has not made rules for the election of its 3. Specially Elected Members as provided for by Paragraph 2 and it is therefore open to the Speaker to define the procedure or lay down the rules for such election as stated under Paragraph 3. The Speaker has done exactly that and we shall be following that process very soon.

That the President shall nominate four candidates for election in the case 4. of a general election. That is stated under Paragraph 4 (1).

That the names of the four candidates nominated by the President shall be 5. presented to the National Assembly in such manner as may be prescribed whereupon any elected Member of the National Assembly other than the President if he is an elected Member, shall thereupon be entitled to nominate four candidates for election in the case of general election. That is Paragraph 4 (2). There will be a nomination by His Excellency the President and over and above that, there will be an entitlement for any Member to also do that exercise if he/she so chooses. It is therefore provided in the First Schedule Paragraph 4 (4) that the vote of every Elected Member shall be given by ballot in such a manner as not to disclose how he/she has voted. Which means a secret ballot. Further that, elected Member who is voting can cast more than one ballot for any one candidate. Paragraph 4 (5). In other words, none of you can dedicate or devote more than one vote per a candidate, one candidate one vote, one vote one candidate. Anything outside that, that vote is nullified or declared null and void. It is a spoiled ballot so to speak.

6. No other business than the holding of a general election may be transacted at any meeting of the elected Members of the National Assembly summoned under sub-paragraph 2 of this paragraph and such a meeting shall not be regarded as a meeting of the assembly for the purpose of

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EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

any other provision of this Constitution. That is found under paragraph 5(3). It is for this reason that there is no other business that we are going to conduct this afternoon other than the business of electing Specially Elected members.

Well Honourable Members, I think I have tried to explain what the legal processes are and I have made available to you copies of the schedule or schedule of the Constitution itself. Now in the interest of time I would like to say therefore that having given the aforesaid clarification of the appropriate legal provisions allow me now to embark upon the election of the Specially Elected Members of the 10th Parliament. Jaanong re ipaakanyetsa go tlhopha. Tsamaiso ya ditlhopho tsa rona e ya go nna jaaka fa Motsamaisa Dipuisanyo a e rulagantse ka dithata tse a di filweng, dithata, e seng go rata ga gagwe, dithata tse a di filweng ke molao.

We are going to provide papers. These ballot papers have been designed and arranged in such a way that they cannot be tampered with and they cannot be replaced for anything else other than those ballot papers themselves. Any manipulation, as sometime happens in a general election environment, the Speaker and the Returning Officers that are appointed to help me will be very vigilant to ensure that that does not exist.

We are going to provide for a ballot box which has been marked and sealed. We have it right in front of us here at the main table.

We have provided for screens on the side which we normally use when we debate in the House. This time we will use them for showing the names of the nominated and also indicating their votes, the number of votes that each one of them would have obtained.

Next will be the team. I have already indicated that I have a team led by the Clerk of the National Assembly that will be assisting me in carrying out this process. They have been sent for orientation, do not ask me where, and they are heavily qualified and familiar with the processes to make sure that we do not make mistakes.

Before we start voting, in any voting process and in order to determine i. the results accurately we ought to know the voters roll. We have to have the voters roll. And I have since obtained a list of all the elected

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EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

Members from the office of the Secretary of the Independent Electoral Commission and that is the list I am going to use as a voters roll. I will call upon every name to ensure that every Member is present because ultimately the results must tally with that number of registered voters.

The ballot papers are also arranged in such a way that as each Member ii. will be voting only four names if you so choose. If you want to work it mathematically it would be like four ballot papers to each one of the 57 Members plus His Excellency the President. That is 58 registered voters given four ballot papers each. It is a mathematical thing, you can find out what answers you will get. We will be reconciling all these processes to make sure that there are no mistakes.

Beside that we are going to distribute nomination forms. As I mentioned earlier on Members are also entitled to bring up their nominations. For purposes of our record we have designed a special nomination form that will be made available to Members so that you can give us your nominees before we start voting. The next one will be the voting itself. We are going to plead with colleagues that we should give this process the seriousness it deserves. I said earlier on we have invited people to come in and observe our process. Election is not a game is a serious business especially if it has to depend on the constitutional provisions. I will therefore implore you Honourable Colleagues to do that exercise quite seriously, because it will be a secret ballot there will be no murmuring lest you communicate with other people to vote other names. So we will be watching that. There will be disqualifications of ballots. If for instance like I said earlier on if you have voted two people or one person under those three or four ballots papers that we shall have given you that will be a disqualified vote, we will not take it when we reconcile.

I think I have explained. In fact I am preaching to the converted because you have just come out of that process. There might be slight difference here and there but that is exactly what you did on Friday last week. So I should not take too much of your time.

Let me now announce that my office has since been informed and has received the presidential nomination. As I said the names that I am going to read will be appearing on the screen for the record and the votes of each one of those Members if we are going to vote will be shown against the names. The letter that I have received confirms the following members as nominated by His Excellency in terms of the Constitution;

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EXPLANATION OF THE ELECTION PROCESS

Tuesday 20th October 2009

Let us switch off our cellphones please. I know some Members are very new they have not had copies of the Standing Orders because the Standing Orders says, “No cellphones are allowed in the Chamber.Right let us go again.

First name is Mr Ontefetse Kenneth Matambo, which must be written on display.

The second name is Ms Lesego Ethel Motsumi. I am reading the names that have been submitted to the Speaker by His Excellency the President not the results of the last elections, Honourable Saleshando(.... laughter....)

The third name is that of Mr Vincent T. Seretse. T, I think stands for Tina, yes Tina Seretse.

Then the fourth and last name is that of Mrs Dorcas Kobela Makgato-Malesu.

Honourable colleagues those are the names as given to the Speaker by His Excellency, in terms of the law. I am now going to call for the names as will be given by the Honourable Members who want to nominate, but in order to do that we will have to distribute the nomination forms first. Bagaetsho tlhopho ke sephiri even at the polling booth le ne le rialo jaanong e bile le lebetse. We are in a polling booth. Honourable Members you now have the nomination forms all of you, I guess.

Now I would like to read the roll for all of us to check so that we also confirm if all Members are present and those that will not be present obviously will have the effect of reducing the addition of figures at the end.

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CONFIRMATION OF THE VOTERS ROLLTuesday 20th October 2009

CONFIRMATION OF THE VOTERS ROLL

NAME PRESENT ABSENT

HON. NSHIMWE

HON. RAMSDEN

HON. TAWANA II

HON. HABANO

HON. ARONE

HON. GUMA

HON. TIBONE

HON. SKELEMANI

HON. W. MASISI

HON. MMOLOTSI

HON. MAKOSHA

HON. BATSHU

HON. GAOLATHE

HON. MOATLHODI

HON. KGATHI

HON. KEDIKILWE

HON. MOLEFHI

HON. G. SALESHANDO

HON. MAELE

HON. GOYA

HON. MOLEBATSI

HON. TSHIRELETSO

HON. LT. GEN MERAFHE

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CONFIRMATION OF THE VOTERS ROLLTuesday 20th October 2009

HON. MAKGALEMELE

HON. SERETSE

HON. T. KHAMA

HON. VENSON-MOITOI

HON. TSOGWANE

HON. MOKALAKE

HON. MABILETSA

HON. MANGOLE

HON. D. SALESHANDO

HON. RAKHUDU

HON. MOLATLHEGI

HON. MASITARA

HON. NTUANE

HON. GABORONE

HON. MOTLHALE

HON. MASIMOLOLE

HON. RALETOBANA

HON. SEAKGOSING

HON. MATLHABAPHIRI

HON. KWELAGOBE

HON. PHETO

HON. KABLAY

HON. MOTOWANE

HON. MODUBULE

HON. MOKAILA

HON. SIELE

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CONFIRMATION OF THE VOTERS ROLLTuesday 20th October 2009

HON. RAMMIDI

HON. KESUPILE

HON. M. MASISI

HON. REATILE

HON. KHWAE

HON. TOTO

HON. SWARTZ

HON. DE GRAAFF

MR SPEAKER: So, Honourable Members, I think you will agree with me that all the 57 members elected during the weekend are represented. Therefore we have 57 members present and His Excellency is also with us, therefore the composition of the elected members is 58. Now, having said that, I will now invite the Clerk of the National Assembly to issue 58 tagged ballot papers, at 4 ballot papers per tag.

That is why I brought my presiding officers to assist. We had distributed nomination papers to all of you Honourable Members, those who want to add to the names that have already been proposed by His Excellency. It is time now to indicate to us those who have done so, and the Clerk will be there to collect those names and they will also be displayed like the rest on the screen.

Can we show that by raising our hands, because otherwise the Clerk will not know who has made a nomination. Well, I think I will be right in the presence of the observers and everybody else that they seem to be no other nominations. Now that having been the case, and having stood for elections myself over the many years that I was an active politician, where a constituency is not contested, the single candidate who has been duly nominated in that constituency is declared the winner. Therefore the need for election does not exist. I will therefore assume that it will be all in my power to do so. We have four nominated names, and no other name other than those four, and therefore...

HONOURABLE MODUBULE: Mr Speaker, I thought after the explanation of the process, you said there were going to be comments or questions. But you have not allowed us that opportunity, and therefore I find it very difficult

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CONFIRMATION OF THE VOTERS ROLLTuesday 20th October 2009

to the way you want to proceed, because according to your agenda, there was supposed to be short comments or questions.

MR SPEAKER: I do not mind allowing that, but we have already started with the nominations. If the Honourable Member has any issue he could raise it, but under normal circumstances we should have observed that when that came up.

HONOURABLE MODUBULE: Yes Mr Speaker, I thought maybe we were now going to go to the voting process that is why I was raising it because we are not yet at the stage of voting, we were still to receive the nominations, and therefore we are not out of time. But anyway what I wanted to state Mr Speaker was that, in fact I want my position to be very clear. Because I have been very adamant to say, I do not believe in this special election of Members of Parliament, and therefore I was not going to take part in the process of elections. I just wanted it on record. Thank you.

MR SPEAKER: Well, Honourable Modubule first of all I think you are out of procedure, if not you are out of order, because it is one’s own choice to participate in an election, or not to participate. So if you choose not to vote you are entirely within your right, but for as long as our constitution provides for election of specially elected members, I as a Speaker, I have little to do other than to do that which the constitution says I should do. If you want to change that, you have come back into the House, and it is through this process that you can bring those amendments. Thank you very much.

Honourable Members, having received the nominations and the results as unopposed, I think it will be perfectly in order for me to declare the following members as duly elected.

HONOURABLE TAWANA: Mr Speaker, just a short question. How do we know they accept the nomination? Maybe they are going to refuse.

MR SPEAKER: That is not really the business of the returning officer. Even Mr Seeletso would not even know how the Chief came into being a candidate, that is the matter that is done at your party levels or whatever the structures you use to reach that level. So, mine is just to tell you that which I received in terms of the law, whether these people have agreed or not, it is not really for me to decide.

HONOURABLE TAWANA: Just to save you time, maybe tomorrow we might be here for the same process if they refuse.

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CONFIRMATION OF THE VOTERS ROLLTuesday 20th October 2009

MR SPEAKER: Pardon.

HONOURABLE TAWANA: No, I was thinking of saving Mr Speaker some time because maybe they are going to refuse, and we have to come back again for the same process.

MR SPEAKER: Well, I think the simple logic here would be those people would not have been nominated without an effort to indicate this intention to them, and without them having consented, you cannot propose someone’s name in a process such as this one without talking to that individual. So I am assuming. Honourable Members I know you are still hot from the elections, so let me also do my work and finish it on time before I also get heated.

Well Honourable Members, I think in all fairness, the results of this election have come clear that, the following Honourable Members have been duly elected as specially elected members of the Tenth Parliament; Mr Ontefetse Kenneth Matambo, Ms Lesego Ethel Motsumi, Mr Vincent T. Seretse, Ms Dorcus Kobela Makgato-Malesu. I therefore declare the following Honourable Members duly elected as members of this Tenth Parliament. I thank you.

HONOURABLE MEMBERS: (APPLAUSE)

MR SPEAKER: Honourable Members, I think we have come to the end of the business of this meeting, but before I could close, because we are not supposed to do any other business other than that which we have done already, I have been asked to make an announcement, that is why it does not even appear in the agenda. I have been asked by the office of the Learned Attorney General, to make an announcement to the effect that His Excellency the President of the Republic of Botswana has issued a proclamation. Let me read it, that paragraph which is relevant, “The President of the Republic of Botswana do hereby declare, proclaim and make known that a session of Parliament shall be held at the Parliament House Gaborone, commencing at 8:30 in the morning, on the 21st day of October 2009.” That is just an announcement, so it was to be for you members to be informed about that. That is tomorrow.

Now finally and finally, Honourable Members, very briefly, I had the occasion when Parliament was dissolved to thank you for having given me a very rare opportunity as a citizen of this country of having to serve you as your Speaker of Parliament. For me it was really a noble event, a noble occasion. I know I may not have pleased each one of you as you would have liked, but they say to err is human, and to forgive is divine.

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CONFIRMATION OF THE VOTERS ROLLTuesday 20th October 2009

My term of office comes to an end after the election of the next Speaker, probably tomorrow I do not know, or some other day, but I may not have the time maybe to see this opportunity of saying it has been a pleasure and indeed a great, great thing for me to be your servant and a very loyal servant, I am sure you will agree with me on that one. I have had the pleasure to work with you. Some of you were not very easy to handle such as my friends Modubule, Mabiletsa, Margaret Nasha and the like. But it is all in the nature of human relations that we never behave the same and think the same but it also added value to our Parliamentary processes. God bless you and thank you so much.

HONOURABLE MEMBERS: (APPLAUSE)

MR SPEAKER: I am informed again that the gazette on this proclamation is being produced, it should be out anytime. Bagaetsho, e rile fa ke tsena ga le a nkemela ka dinao ka ke ne ke sa apara gown. A ko fela le eme ka dinao le ntlotle ke tswa lwa bofelo.

ADJOURNMENT

The Assembly accordingly adjourned at 3.30 p.m. until Wednesday 21st October 2009 at 8.30 a.m.

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Hansard No 161 25

Wednesday 21st October, 2009 PROCLAMATION

Wednesday 21st October, 2009

THE ASSEMBLY met at 8.30 o’clock

* * * *

PROCLAMATION

The Clerk read the Proclamation summoning the First Meeting of the First Session of the tenth Parliament

Proclamation by His Excellency Lt. Gen. Seretse Khama Ian Khama, President of the Republic of Botswana

“Whereas it is provided by Section 90(1) of the Constitution that its session of Parliament shall be held at such place within Botswana and shall commence at such time as the President may appoint;

And whereas it is further provided by Section 90(3) of the Constitution that whenever Parliament is dissolved a General Election of the Elected Members of the Assembly shall be held within 60 days of the date of the dissolution and a session of Parliament shall be appointed to commence within 30 days of that general election;

And whereas Parliament was dissolved on the 21st day of August 2009 and a General Election of Elected Members of the National Assembly was held on the 16th day of October 2009;

Now therefore in exercise of the powers conferred upon me by Section 90(1) of the Constitution, I, Lt. Gen. Seretse Khama Ian Khama, President of the Republic of Botswana, do hereby declare, proclaim and make known that a session of Parliament shall be held at the Parliament House, Gaborone commencing at 8.30 o’clock in the morning on the 21st Day October 2009.”

Signed by the President and filed by the Attorney General as the Custodian of the Public Seal.

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Wednesday 21st October, 2009 OATH OF ALLEGIANCE

P R A Y E R S

OATH OF ALLEGIANCE

CLERK OF THE NATIONAL ASSEMBLY (MS DITHAPO): We have the Acting Parliamentary Counsel in attendance and she has taken her position or chair over there. I would like to preface my remarks on the auspicious and historic occasion of the First Meeting of the First Session of the Tenth Parliament of the Republic of Botswana by congratulating you, Your Excellency, Lt. Gen. Seretse Khama Ian Khama, upon your successful election as President of the Republic of Botswana. I would also like to congratulate Honourable Members on their success in the just concluded Parliamentary Elections and welcome each and everyone of you to this First Meeting of the First Session of the Tenth Parliament of the Republic of Botswana. As most of you are aware, His Excellency Lt. Gen. Seretse Khama Ian Khama, President of the Republic of Botswana, dissolved the Nineth Parliament of Botswana at midnight on the 21st of August 2009 where upon the seats of all Members of Parliament fell vacant in terms of Section 68(1) of the Constitution of this Republic.

In terms of Standing Order 13(2) which controls or governs the proceedings of Parliament at the First Meeting of a Session following a dissolution, Members who have not yet taken or subscribed to the Oath of Allegiance shall be required to do so. As none of you with the exception of the President have taken and subscribed the required Oath, I now propose to swear in each and everyone of you individually and both for convenience and in keeping with standing practices and tradition, I propose to swear you in, in alphabetical order.

The procedure is going to be as follows: As I read out the names, Members shall come to the podium; touch the Holy Bible or the Koran with their right hand and whilst holding the Oath with the left hand, they shall read out the Oath before signing it. If you do not use the Bible or the Koran, we shall make other provisions. We shall now proceed with the swearing in process.

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Hansard No 161 27

Wednesday 21st October, 2009 OATH OF ALLEGIANCE

The following Honourable Members took the Oath of Allegiance:

OATH

NAME

1 Honourable Bagalatia Arone

2 Honourable Edwin Jenamiso Batshu

3 Honourable Christian De Graaff

4 Honourable Olebile Marakadu Gaborone

5 Honourable Baledzi Gaolathe

6 Honourable Moiseraele Master Goya

7 Honourable Samson Guma Moyo

8 Honourable Taolo Goyamang Habano

9 Honourable Liakat Kablay

10 Honourable Ponatshego Kefaeng Kedikilwe

11 Honourable Abram Spuna Kesupile

12 Honourable Shaw Kgathi

13 Honourable Tshekedi Stanford Khama

14 Honourable Phillip Khwae

15 Honourable Daniel Keatametse Kwelagobe

16 Honourable Isaac Stephen Mabiletsa

17 Honourable Prince Maele

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Wednesday 21st October, 2009 OATH OF ALLEGIANCE

18 Honourable Dikgang Phillip Makgalemele

19 Honourable Dorcas Kobela Makgato-Malesu

20 Honourable Rayner Bolatotswe Makosha

21 Honourable Gilbert Shimane Mangole

22 Honourable Patrick M. Masimolole

23 Honourable Mokgweetsi Eric Masisi

24 Honourable Tshelang Walter Masisi

25 Honourable Robert Masitara

26 Honourable Ontefetse Kenneth Matambo

27 Honourable Gaotlhaetse Utlwang Sankoloba Matlhabaphiri

28 Honourable Lt. Gen. Mompati Sebogodi Merafhe

29 Honourable Wynter Boipuso Mmolotsi

30 Honourable Pono Pearson Patson Moatlhodi

31 Honourable Nehemiah Mmoloki Modubule

32 Honourable Onkokame Kitso Mokaila

33 Honourable Lebonaamang Thanda Mokalake

34 Honourable Kagiso Patrick Molatlhegi

35 Honourable Oreeditse Sola Molebatsi

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Wednesday 21st October, 2009 OATH OF ALLEGIANCE

36 Honourable Nonofo Ezekiel Molefhi

37 Honourable Odirile Motlhale

38 Honourable Maxwell Gonnamang Kgotlayakgosi Motowane

39 Honourable Lesego Ethel Motsumi

40 Honourable Gibson Ramokonki Mathews Nshimwe

41 Honourable Botsalo Ntuane

42 Honourable Major General Moeng Rabasimane Pheto

43 Honourable Keletso Joseph Rakhudu

44 Honourable Mmoloki Edward Raletobana

45 Honourable Kentse Spencer Rammidi

46 Honourable Frank Jack Ramsden

47 Honourable Mephato Reggie Reatile

48 Honourable Dumelang Saleshando

49 Honourable Gilson Saleshando

50 Honourable Reverend Dr John Gosiamemang Ndebele Seakgosing

51 Honourable Dikgakgamatso Ramadeluka Seretse

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Wednesday 21st October, 2009 OATH OF ALLEGIANCE

52 Honourable Vincent T. Seretse

53 Honourable Peter Letlhogonolo Siele

54 Honourable Phandu Tombola Chaha Skelemani

55 Honourable Johnie Keemenao Swartz

56 Honourable Kgosi Tawana II

57 Honourable Mbiganyi Charles Tibone

58 Honourable John Kgaboetsile Toto

59 Honourable Botlogile Mogogi Tshireletso

60 Honourable Slumber Tsogwane

61 Honourable Pelonomi Venson-Moitoi

ELECTION OF THE SPEAKER OF THE 10TH PARLIAMENT

CLERK OF THE NATIONAL ASSEMBLY (MS DITHAPO): Honourable Members, we shall now proceed to the next item on the Order Paper, which is, Election of the Speaker of the 10th Parliament.

Although the seats of all Members fell vacant by reason of the dissolution of the 9th Parliament on 21st August 2009, the Office of the Speaker of the National Assembly did not fall vacant by virtue of Section 59 (3) (c) of the Constitution which provides that the Speaker shall vacate his/her office when the Assembly first sits after any dissolution of Parliament. As this constitutes the first meeting of the 10th Parliament following a dissolution, Honourable P. K. Balopi has ceased to hold office as the Speaker of the National Assembly and the office of Speaker is vacant.

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Hansard No 161 31

Wednesday 21st October, 2009 ELECTION OF THE SPEAKER OF THE 10TH PARLIAMENT

In terms of section 59(4) of the Constitution, no business shall be transacted in the National Assembly other than an election to the office of Speaker at any time when the office of Speaker is vacant. Accordingly and in terms of this subsection, the election of the new Speaker is the first task and overriding priority of a newly constituted National Assembly.

Your Excellency the President, Honourable Members, in terms of section 59(1) of the Constitution, there shall be a Speaker of the National Assembly who shall be elected by the Members of the Assembly from among persons who are Members of the Assembly or from among persons who are not Members of the Assembly. It therefore follows that a Speaker can be elected from among persons who are Members of this Assembly or from among persons who are not Members of this Assembly.

I would also like to take this opportunity to draw the attention of Honourable Members to Standing Order 4 which provisions controls and governs the election of the Speaker. It reads as follows, “Whenever it is necessary for the Assembly to elect a person to be Speaker whether after a general election or when a vacancy in the office of Speaker has occurred in any other way, the Assembly shall proceed immediately to such election following the procedure provided in paragraph 2 of this order”. That procedure says, “Any member having first ascertained that the person to be proposed is willing to serve if elected, may addressing himself to the Chair move in the following terms, that so and so do take the Chair of this Assembly as Speaker. Standing Order 4(2)(a) reads, “If no person is then presiding in the Assembly, the Clerk shall propose and put all question and exercise such other of the functions of the Speaker as may be necessary to obtain the decision of the Assembly on that motion. Honourable Members that is why I am presiding over this election process.

Your Excellency the President, Honourable elected Members, having given the aforesaid clarification of appropriate legal provisions, allow me now to embark upon the elections of the Speaker of the 10th Parliament. I have since received nomination for the office of Speaker. Are there any other nominations? Since there is no other nomination I shall now call Honourable Tshireletso to move a proposal.

MS TSHIRELETSO (MAHALAPYE EAST): Thank you Madam Chair. I move that in terms of Standing Order 4 (2) Dr Margaret Nnananyana Nasha to take the Chair of this Assembly as Speaker. I move accordingly. Thank you Madam Chair.

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32 Hansard No 161

Wednesday 21st October, 2009 OATH OF ALLEGIANCE

Question put and agreed to.

CLERK OF THE NATIONAL ASSEMBLY (MS DITHAPO): Honourable Members, the Speaker will now be brought into the Chamber by two Honourable Members. At the Speaker’s appearance Members and guests will rise and remain standing until the Speaker has taken taking the oath and then her seat.

OATH OF ALLEGIANCE

The newly elected Speaker, Dr Margaret Nnananyana Nasha took an Oath of Allegiance.

OATH

MADAM SPEAKER (DR NASHA): Order! Order! Your Excellency, the President of Botswana, Honourable Members good morning to you all. You have just made history by electing the first woman Speaker of the National Assembly in this country and I am proud to be that pioneer....APPLAUSE...

As I have had the privilege of being an Honourable Member of this august House for some years now as well as Cabinet Minister, I hope it is not immodest of me to say that issues of tokenism did not arise here. I cannot however pretend that it is not a bitter sweet moment for me in view of the fact that there are only four women Members in this 10th Parliament of 62, if I include His Excellency the President, four women against 58 men. It is indeed an unfortunate reversal of the gains we have been making in the past few years in the field of women’s representations in politics and gender equality generally. There are many capable women out there. And I sincerely hope that my election as a Speaker today will encourage the electorate and political parties across the political divide to ensure that this trend is reversed next time around.

May I take this opportunity to congratulate you all Honourable Members for your hard earned seats in this Parliament. This just passed election, campaign has been the toughest ever for everybody across the political divide. But in the end the election process itself went on peacefully countrywide. You have all run a jolly good race and you deserve commendation of that....APPLAUSE...

Batswana also have to be congratulated for their exemplary conduct in the whole process and I also believe we must take our hats off to those who lost the race and thank them for accepting defeat with a higher degree of dignity.

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Wednesday 21st October, 2009 OATH OF ALLEGIANCE

I am privileged to take my place in the rich lineage of former Speakers of this Honourable House starting with the late Dr Alfred Merriweather and his five successors through to Mr Patrick Balopi who was Speaker throughout the Nineth Parliament. I am greatly indebted to all of them for the high traditions they inculcated and for the very clear footprints which they have left for us and my guidance.

Your Excellency, Honourable Members, the nation that has voted for us in such record numbers expects in return the highest measures of commitment and service. Whatever we do or say in this Honourable House, therefore, we must always ask ourselves one question, is it in the best interest of this Republic and the people who brought us here? As a Member of the Nineth Parliament, I am aware of some of the problems that played this Parliament. One of them which unfortunately received wide coverage in the local media was attendance in Parliament. Several times, my predecessor had to suspend our sittings due to lack of quorum in the House. You will agree with me Honourable Members that this situation impacted negatively, not only on our institution but also on our performance and image. My plea to you in this regard Honourable Members is, re seka ra lebala maikano.

Honourable Members, our country has a proud history of observing the basic tenets of the rule of law and the separation of powers between the three branches of government. My understanding of this is that, each of the three branches of government has its own distinct sphere of operation that is defined by the Constitution. It is critical that all three should respect each other and most importantly collaborate with each other, to ensure the smooth running of the wheels of government, after all the Executive, Legislature and Judiciary are all working towards the same goal that of serving the people of Botswana. I therefore commit myself to creating a conducive environment in our Parliament for a complementary relationship between this House and the other two branches of government and you can help me achieve that goal.

May I at this juncture, Your Excellency and Honourable Members put to you some of the issues that will form part of my agenda during my term of office as Speaker of this assembly.

First of all I think we need to conclude and approve our new Standing Orders. We have had a draft in front of us for some time now and I hope that with the help of the Attorney General and your full cooperation, we can clean it up and have it put to use by the next session of this Parliament.

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Secondly as a direct consequence of the eventual approval of our Standing Orders, I intend to work with you to reform our Parliamentary Committee system, such that we can dispose of more business at the Committee and cut down on the time spent on general debates in the House.

Thirdly I intend to fast track the automation of our Parliament Library as outlined in NDP 10. I firmly believe Honourable Members that accessing information by yourselves is pivotal and it will greatly improve the quality and depth of debates in the House.

Your Excellency, Honourable Members, I want to conclude by promising you first of all that I shall remain open to suggestions on the much needed transformational changes and reforms to the operations of this institution. Secondly I do not intend to turn this House into a pre-burial night vigil. I shall allow for robust, lively debate which must however remain focussed on the issues at hand. Indeed I expect divergent views to emerge during those lively debates that our choice of words at all times must exude a high degree of mutual respect and finesse. And thirdly that I shall at all times ensure impartiality in the execution of my duties both in the House and in the day to day running of this National Assembly.With your full cooperation. I have no doubt in my mind that we shall indeed take this Parliament to greater heights. I thank you for you attention.

ENDORSEMENT OF HIS HONOUR THE VICE PRESIDENT

MADAM SPEAKER: Order! Order! Honourable Members, Section 39(1) of our Constitution provides as follows:

We are now proceeding with the endorsement of the Vice President. It says, “There shall be a Vice President who shall be appointed by the President from among the Elected Members of the National Assembly who are citizens of Botswana by birth or dissent, which appointment shall be endorsed by the said elected Members”. The appointment of the Vice President is effected by the President alone from amongst persons who are elected as opposed to specially elected Members of Parliament. What is required or sort of this Assembly is its endorsement. It is only the elected as opposed to specially elected Members that is 57 in number who may participate in the endorsement of the Vice President and given that such proposed Vice President can only be appointed from the Elected Members he or she will have the right to vote with respect to the matter of his or her endorsement. In addition, it must be recalled that in terms of Section 58(1) of the Constitution, the President is an

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ex-officio Member of this National Assembly and shall therefore be entitled to speak and vote in all proceedings of the National Assembly accordingly, he enjoys the same votes and rights as do other elected Members with respect to endorsement of the Vice President. Therefore subject to the provisions of Section 39(1) of the Constitution, the National Assembly shall endorse the appointment of the Vice President by each Elected Member of the National Assembly by secret ballot.

Honourable Members, you are allowed to vote either yes or no, or abstain in either of which cases you are required to place a cross in the appropriate or corresponding box. There are ballot papers already prepared for you, Honourable Members. You are not permitted to place more than one cross in any of those boxes. And if you do so, yours will be regarded as a spoiled vote. As the voting is by secret ballot, you are not permitted to provide any mark or signature by which your identity as a voter maybe deciphered If you do that, this shall also be regarded as a spoiled ballot. I shall now instruct my staff to distribute the ballot papers to the President and the 57 Elected Members who are entitled to participate in this endorsement.

I have been officially informed Honourable Members by His Excellency the President, Lt. Gen. Seretse Khama Ian Khama, the President of the Republic of Botswana that he has been pleased to appoint the Honourable Lt. Gen. Mompati Sebogodi Merafhe, Member of Parliament for Mahalapye West constituency to the office of Vice President of the Republic of Botswana, provided that a simple majority of Elected Members have endorsed the appointment of the Vice President, I shall declare such appointee as having been duly endorsed. I shall now ask my officials at this juncture to distribute the ballot papers. Thank you.

The Honourable Members have now cast their vote. And in the total transparency and for the avoidance of any doubt, whatsoever, I propose to invite all elected Members, starting with His Excellency the President to go forward and place their ballots in the provided box. Thank you.

MADAM SPEAKER (DR NASHA): Order! Order! Honourable Members, I have received the results of the voting by secret ballot on the endorsement of the Vice President. The ballot papers have been counted, recounted, balanced and verified and the results are as follows; of the 58 persons entitled to vote, being the 57 elected members and the President, the number of votes cast is 58. Of the total number of votes cast, there is one spoilt ballot. Honourable Members, of the remaining valid ballots, there are five abstentions and

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there are 48 “yes” votes and four “no” votes. Your Excellency, Honourable Members, I therefore declare that the appointment of the Honourable Mompati Sebogodi Merafhe, Member of Parliament (MP), to the Office of Vice President of the Republic of Botswana has been duly endorsed by the elected members. May I therefore, on behalf of this House and indeed on my own behalf congratulate Honourable Merafhe, MP, on both his appointment and successful endorsement as Vice President of Botswana. I do believe that I speak on behalf of even those who voted “no” and those who reserved their votes which is their constitutional right that we all wish him well in his new office and we wish him good health and prosperity in the coming years.

Honourable Members, following the endorsement of the Vice President, I would now like to draw attention to the provisions of 39 (3) of the Constitution which provides as follows, “the Vice President shall not enter upon the duties of his/her office unless he/she has taken and subscribed to the oath of allegiance and such oath for the due execution of his/her office as may be prescribed by Parliament”. I am therefore inviting both the President and the Vice President to come forward to the table where the Vice President shall take and subscribe to the oath required of him as tendered by the President.

OATH OF ALLEGIANCE

His Honour, The Vice President Lieutenant General Mompati Sebogodi Merafhe

OATH

MADAM SPEAKER: Order! Order! Your Excellency, Honourable Members, it is now my great pleasure to present to you His Honour, Lieutenant General Mompati Sebogodi Merafhe, Member of Parliament duly appointed, endorsed and sworn in as Vice President of the Republic of Botswana.

Now we come to the next item on our agenda today which is election of the Deputy Speaker. In terms of section 63 (f) of the constitution, the Deputy speaker of the 9th Parliament of Botswana did not vacate his office upon dissolution of that Parliament, but ceases to hold office when the Assembly first sits after any dissolution of Parliament. As this meeting is the first meeting of a Parliament following dissolution, Honourable Thebe Mogami, MP, has ceased to hold office and has vacated the office of Deputy Speaker of this National Assembly. Section 60,2 provides that the Members of the National Assembly shall elect a person to the office of the Deputy Speaker

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when the National Assembly sits after dissolution. If the office becomes vacant otherwise than by reason of any dissolution at the first meeting of the Assembly after the office becomes vacant, as such the election of Deputy Speaker of the National Assembly is an important item of business following the election of the Speaker which must be transacted at the first sitting.

Standing Order 4 (3) provides with respect the election of Deputy Speaker as follows; “the Deputy Speaker shall be elected by order on a motion and at any meeting at which it is necessary for the Assembly to elect a member to be Deputy Speaker, a motion for such purpose may be moved without notice, immediately after the commencement of public business at that meeting.” I therefore, invite proposals in terms of Standing Order 43 for candidates for election to the office of Deputy Speaker of the National Assembly. All members including specially elected members shall participate in the election of a Deputy Speaker. I invite Honourable Members to table a motion if any, thank you.

MR MOKALAKE: Madam Speaker, I would like to move without notice that Honourable Pono Moatlhodi be nominated for the office of Deputy Speaker. I move accordingly, thank you.

MADAM SPEAKER: Order! Order! The question is that Honourable Pono Pearson Patson Moatlhodi, MP, be elected as Deputy Speaker of this Assembly.

Question put and agreed to.

MADAM SPEAKER: Order! Order! I accordingly declare Honourable Pono Pearson Patson Moatlhodi as Deputy Speaker of this Honourable House and I trust that you will all join me in wishing him personal good health, God’s richest blessings and guidance in the discharge of his responsibilities in the office of Deputy Speaker of the National Assembly. Congratulations Honourable Moatlhodi.

Your Excellency, Honourable Members, as far as I am aware, His Excellency has not announced the Cabinet with the result that the only person who falls within the definition of Minister in terms of Standing Order 3 are the President and Vice President. I am therefore requesting the Vice President as the only Minister that I know myself to move an adjournment motion in terms of Standing Order 19 (2).

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ADJOURNMENT MOTION

HIS HONOUR, THE VICE PRESIDENT (LT. GEN. MERAFHE): Madam Speaker, I move that in terms of Standing 19 (2) at the adjournment of the Assembly today, Wednesday 21st October 2009, the present meeting shall be concluded and the Assembly shall stand adjourned sine die, I move accordingly.

Question put and agreed to.

ANNOUCEMENT BY HIS HONOUR THE VICE PRESIDENT.

HIS HONOUR THE VICE PRESIDENT (LT. GEN. MERAFHE): Madam Speaker, in terms of standing Order 118(1) I move that this Honourable House suspends Standing Order 88(1) to enable the Committee of Selection to select members of the various parliamentary committees during the second meeting of the First Session of the 10th Parliament, and I move accordingly.

Question put and agreed to.

ANNOUNCEMENTS BY THE SPEAKER

MADAM SPEAKER (DR NASHA): Honourable Members, we have two announcements to make, one; I would like to inform you that before the Second Meeting of the First Session of the 10th Parliament there will be an orientation of all members from the 9th November 2009, the Parliament Administration will accordingly send you written communication only as a form of formality.

The second notice is that you are invited for refreshments as we leave the Chamber after this sitting. Now there will be no further business today on our Order Paper. I request the Vice President to move adjournment of the Assembly today.

MOTIONADJOURNMENT

HIS HONOUR THE VICE PRESIDENT (LT. GEN. MERAFHE): Madam Speaker, I move that this House do now adjourn.

Question put and agreed to.

The Assembly accordingly adjourned at 9.46 a.m. sine die.

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HANSARD EDITORS

Ms T. Lesaso, Ms M. Maine, Ms W.N. Mbakile, Ms N. S. Molokomme, Ms W. Mbeha, Ms K. Nyanga, Ms K. Alepeng, Ms C. Chonga, Mr K. Goeme, Ms G. Phatedi, Ms B. Malokwane, Mr A. Mokopakgosi, Ms O. Nkatswe, Ms B. Ntloyathuto.

HANSARD REPORTERS

Ms R. Pilane, Ms N. M. Molebatsi, Ms M. Ditaola, Ms Z. Molemi, Ms B. J. Ntobedzi, Mr M. Buti, Mr S. Samunzala, Ms N. Selebogo, Ms A. Ramadi, Ms V. Nkwane.

LAYOUT DESIGNERS

Ms S. Semele, Mr B. M. Morue, Mr B. B. Khumanego

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